§ 42-66.4-5 - Duties of director of human services.
SECTION 42-66.4-5
§ 42-66.4-5 Duties of director of humanservices. – (a) For the purposes of this section, director means the director of humanservices.
(b) Notwithstanding any inconsistent provision of law butsubject to expenditure limitations of this chapter, the director, subject tothe approval of the state director of the budget, may authorize the utilizationof medical assistance funds to pay for services provided by specified homehealth care services in addition to those services included in the medicalassistance program under title 40 of this code, so long as federal financialparticipation is available for those services. Expenditures made under thissubdivision shall be deemed payments for medical assistance for needy persons.
(c) The department shall not make payments pursuant to 42U.S.C. § 1396 et seq. for benefits available under 42 U.S.C. § 1395et seq. without documentation that 42 U.S.C. § 1395 et seq. claims havebeen filed and denied.
(d) The department shall not make payment for a personreceiving a long-term home health care program while payments are being madefor that person for inpatient care in a skilled nursing and/or intermediatecare facility or hospital.