208.174. Director shall apply for amendment of waiver of comparability of services--promulgation of rules--procedure.
Director shall apply for amendment of waiver of comparability ofservices--promulgation of rules--procedure.
208.174. 1. Within thirty days of August 28, 1992, the director ofthe department of social services shall apply to the United StatesSecretary of Health and Human Services for an amendment of the waiver ofcomparability of services for persons under section 42 U.S.C. 1396a(a)(10)(A)(ii)(VI) to include medical assistance benefits for persons whoare defined in 42 U.S.C. 1396 r-5.
2. Upon receipt of an amended waiver received pursuant to subsection1 of this section, the director of the department of social services shall,subject to appropriations made for such purpose, promulgate rules andregulations to extend eligibility for medical assistance benefits byapplying institutional status to individuals who are at risk of placementin an intermediate care facility or skilled nursing facility licensedpursuant to chapter 198, RSMo, but who, with the provision of home andcommunity based services, may be cared for at home.
3. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(L. 1992 H.B. 899 § 17, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)