CHAPTER 257
An Act to require the Department of Medical Assistances Services to amend the financial eligibility standards for certain waivers providing services to individuals with developmental disabilities.
[S 676]
Approved March 28, 2024
Be it enacted by the General Assembly of Virginia:
1. § 1. The Department of Medical Assistance Services (the Department) shall amend the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). When determining financial eligibility for the DD Waivers, the Department shall disregard any Social Security Disability Insurance (SSDI) income above the maximum monthly Supplemental Security Income as determined by the Social Security Administration. Such SSDI income shall not be disregarded for purposes of determining an individual's patient pay obligation.
2. That the Department of Medical Assistance Services (the Department) shall analyze the implications of amending the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver, so that Social Security Disability Insurance income is disregarded by the Department when calculating such individuals' financial eligibility for such waivers. The analysis shall determine the costs and the number of individuals who would benefit from amending the financial eligibility standards. The Department shall provide a report of its findings to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health and Human Services and Appropriations no later than November 1, 2024.
3. That the provisions of this act shall expire on July 1, 2026.