S105 - 2021 Appropriations Act. (SL 2021-180)

Overview: Section 9A.3A of S.L. 2021-180 directs changes to the State-County Special Assistance (SA) program to bring the SA In-Home program into parity with the SA Adult Care Home program, effectively merging the two programs and allowing individuals to qualify for the SA program and receive Medicaid coverage, regardless of the individual's residential setting, based upon the criteria historically used for the SA Adult Care Home program. The provision also codifies the maximum SA monthly payment rate set in Section 9A.1 of the act and adds an annual cost-of-living adjustment (COLA) beginning January 1, 2024, that is equal to the annual Social Security COLA. The SA program changes are contingent upon federal approval, as follows:

• The Department of Health and Human Services (DHHS) must apply for federal approval of the SA program changes by December 18, 2021.
• DHHS must use savings deposited in the HCBS Fund, established in Section 9D.8A of the act, to fund the Medicaid costs and the SA program costs associated with the SA program changes, for as long as funds remain in the HCBS Fund.
• The SA program changes become effective on the later of July 1, 2022, or 30 days after the date when all federal approvals have been received for the SA program changes and for the use of the savings in the HCBS Fund to fund the SA program changes. If all of these approvals have not been received by June 30, 2023, the SA program changes required by the provision will not take effect and the applicable portions of the provision will expire.

The remainder of the section became effective November 18, 2021.