§ 40-8-16 - Notification of long-term care alternative.
SECTION 40-8-16
§ 40-8-16 Notification of long-term carealternative. – (a) The department of human services, before authorizing care in a nursing homeor intermediate care facility for a person who is eligible to receive benefitspursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396et seq., and who is being discharged from a hospital to a nursing home, shallnotify the person, in writing, of the provisions of the long-term carealternative, a home and a community-based program.
(b) If a person, eligible to receive benefits pursuant toTitle XIX of the federal Social Security Act, requires services in a nursinghome and desires to remain in his or her own home or the home of a responsiblerelative or other adult, the person or his or her representative shall soinform the department.
(c) The department shall not make payments pursuant to TitleXIX of the federal Social Security Act for benefits until written notificationdocumenting the person's choice as to a nursing home or home and communitybased services has been filed with the department.