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House Journal: Page 840: Wednesday, March 20, 1996

20   the following:
21     (1)  Requesting a revision of the medical
22   assistance waiver for home and community-based
23   services for persons with mental retardation in effect
24   as of June 30, 1996, or applying for a new waiver to
25   allow for the conversion of residential and
26   intermediate care facilities for the mentally retarded
27   licensed under chapter 135C as of June 30, 1996, to
28   services funded under a medical assistance waiver for
29   home and community-based services for persons with
30   mental retardation.  The waiver revision request or
31   new waiver shall provide that the waiver requirements
32   applicable to the number of persons served under the
33   waiver as of June 30, 1996, shall continue to apply to
34   the same number of persons under a revised or new
35   waiver so that the number of persons served by
36   converted facilities is an additional amount.
37     (2)  Requesting a revision of the medical
38   assistance waiver for home and community-based
39   services for persons with mental retardation in effect
40   as of June 30, 1996, to allow for reimbursement under
41   the waiver for day program costs, including but not
42   limited to, activity, work activity, and supported
43   employment.
44     b.  In implementing the provisions of this
45   subsection, the department of human services shall
46   consult with the department of inspections and appeals
47   and representatives of providers of residential and
48   intermediate care facility for the mentally retarded
49   services, service consumers, families of service
50   consumers, advocates, counties, and other

Page   4

 1   knowledgeable persons in developing the waiver
 2   revision request or other action necessary to assist
 3   in the transition of service provision from
 4   residential and intermediate care facilities for the
 5   mentally retarded to alternative programs that can
 6   appropriately meet the needs of individuals at an
 7   overall lower cost.  The department shall work with
 8   the same group in adopting rules for oversight of
 9   facilities converted pursuant to this subsection.  A
10   waiver revision request and the other actions
11   developed pursuant to this subsection shall be
12   completed on or before September 16, 1996.  The
13   department shall report on September 16, 1996, to the
14   general assembly regarding its actions under this
15   subsection and any federal response, and shall submit
16   an update upon receiving a federal response to the
17   waiver request or other action taken which requires a
18   federal response.  If implementation of the
19   requirements of this subsection does not require a

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