39-7,161. Home and community based services savings fund administered by secretary of SRS; certification, transfer and expenditure.

39-7,161

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,161.   Home and community based services savingsfund administered by secretary of SRS; certification,transfer and expenditure.(a) (1) There is hereby established the home and community basedservices savingsfund in the state treasury which shall be administered by the secretary ofsocial and rehabilitationservices. All savings resulting from transferring individuals from the stateor private institutions tohome and community based services shall be deposited in this fund. Allexpenditures from the homeand community based services savings fund shall be in accordance with theprovisions ofappropriation acts upon vouchers approved by the secretary of social andrehabilitation services orthe secretary's designee.

      (2)   Whenever an individual, who is residing in an institution, transfers tohome andcommunity based services, the secretary of social and rehabilitation servicesshall determine thesavings attributable to such transfer and shall certify the amount or amountsof such savings to the director of accounts and reports. Upon receipt of eachsuch certification, the director of accounts and reports shall transfer theamount or amounts specified in such certification from the funds and accountsspecified to the home and community based services savings fund of thedepartment of social and rehabilitation services in accordance with suchcertification. The secretary of social and rehabilitation services shalltransmit a copy of each such certification to the director of the budget and tothe director of legislative research.

      (b)   The secretary shall certify to the joint committee on home and communitybased services oversight at the beginning of each calendar quarter the amountof savings resulting from transferringindividuals from the state or private institutions to home and community basedservices that have been transferred during the preceding calendar quarter tothe home and community based services savings fund from each state or privateinstitution during the preceding quarter.

      History:   L. 2008, ch. 168, § 3; July 1.