§ 42-66.4-5. Duties of director of human services. (a) For the purposes of this section, director means the director of human services.
(b) Notwithstanding any inconsistent provision of law but subject to expenditure limitations of this chapter, the director, subject to the approval of the state director of the budget, may authorize the utilization of medical assistance funds to pay for services provided by specified home health care services in addition to those services included in the medical assistance program under title 40 of this code, so long as federal financial participation is available for those services. Expenditures made under this subdivision shall be deemed payments for medical assistance for needy persons.
(c) The department shall not make payments pursuant to 42 U.S.C. § 1396 et seq. for benefits available under 42 U.S.C. § 1395 et seq. without documentation that 42 U.S.C. § 1395 et seq. claims have been filed and denied.
(d) The department shall not make payment for a person receiving a long-term home health care program while payments are being made for that person for inpatient care in a skilled nursing and/or intermediate care facility or hospital.
History of Section. (P.L. 1988, ch. 451, § 3.)
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