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

Overview: Section 9D.15A of S.L. 2021-180, as amended by Section 3.3 of S.L. 2022-6, expresses the General Assembly's intent to assist in increasing the hourly wage paid to direct care workers to $15.00. To that end, this section directs the Division of Health Benefits (DHB), Department of Health and Human Services, to increase the rate paid to Medicaid providers of home and community-based services (HCBS) for the purposes of increasing direct care worker wages. The section also specifies the following:

• DHB will determine the amount of the Medicaid rate increase paid to HCBS providers.
• DHB will determine the applicable definition of direct care worker.
• DHB will determine the manner in which each HCBS provider is required to utilize the rate increase and to demonstrate compliance with those requirements.
• DHB must use federal receipts available under the American Rescue Plan Act for HCBS to the fullest extent possible.
• Under Section 9D.8A of the act, funds in the HCBS Fund must be used for the cost of the rate increase to HCBS providers.