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House Journal: Page 1564: Thursday, April 11, 1996

35   intermediate care facility for the mentally retarded
36   which does not meet size and other facility-related
37   requirements under the waiver in effect on June 30,
38   1996, may convert to a waiver service for a set period
39   of time such as five years.  Following the set period
40   of time, the facility would be subject to the waiver
41   requirements applicable to services which were not
42   operating under the exception provisions.
43     b.  In implementing the provisions of this
44   subsection, the state-county management committee
45   shall consult with other states.  The waiver revision
46   request or other action necessary to assist in the
47   transition of service provision from intermediate care
48   facilities for the mentally retarded to alternative
49   programs shall be implemented by the department in a
50   manner that can appropriately meet the needs of

Page   8

 1   individuals at an overall lower cost to counties, the
 2   federal government, and the state.  In addition, the
 3   department shall take into consideration significant
 4   federal changes to the medical assistance program in
 5   formulating the department's actions under this
 6   subsection.  The department shall consult with the
 7   state-county management committee in adopting rules
 8   for oversight of facilities converted pursuant to this
 9   subsection.  A transition approach described in
10   paragraph "a" may be modified as necessary to obtain
11   federal waiver approval.  The department shall report
12   on or before January 2, 1997, to the general assembly
13   regarding its actions under this subsection and any
14   federal response, and shall submit an update upon
15   receiving a federal response to the waiver request or
16   other action taken which requires a federal response.
17   If implementation of any of the provisions of this
18   subsection does not require a federal waiver, the
19   department shall implement the provisions in the
20   fiscal year beginning July 1, 1996."
21     38.  Page 20, by striking lines 3 through 7 and
22   inserting the following:  "ill.  To the maximum extent
23   allowed under federal law and regulations, the
24   department shall consult with and inform a county of
25   legal settlement's single entry point process, as
26   defined in section 331.440, regarding the necessity
27   for and the provision of any service for which the
28   county is required to provide reimbursement under this
29   subsection.
30     3.  To the maximum extent allowed under federal law
31   and regulations, a person with mental illness or
32   mental retardation shall not be eligible for any
33   service which is funded in whole or in part by a
34   county share of the nonfederal portion of medical

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