SB 620 — PACE programs; long-term services and support screening.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E517 An Act to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and support screening;

R O [S 620] Approved LApril L4, 2024 Be it enacted by the General Assembly of Virginia:

E § 32.1-330.

DA. hospital, a rehabilitation unit in an acute care hospital, or a psychiatric unit in an acute care hospital.

As used in this section, "acute care hospital" includes an acute care hospital, a rehabilitation hospital, a rehabilitation unit in an acute care hospital, or a psychiatric unit in an acute care hospital.

Every individual who applies for or requests community or institutional long-term services and supports as defined in the state plan for medical assistance services may choose to receive services in a communityinstitutional orlong-term institutionalservices setting.and supports shall be afforded the opportunity to choose the setting and provider of long-term services and supports.

Every individual who applies for or requests community or institutional long-term services and supports shall be afforded the opportunity to choose the setting and provider of long-term services and supports.

Every individual who applies for or requests community or institutional long-term serviceBservices and supports shall be screened prior to admission to such community or institutional long-term serv2cesservices and supports to determine his need for long-term services and supports, including nursing facility services as defined in the state plan for medical assistance services.

The type of long-term services and sEpportsssupports as screening performed shall not limit the long-term services and supports settings or providers for which the individual is eligible.

If Except as otherwise provided in this subsection, if an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is residing in a community setting at the time of such application or request, the screening for long-term services and supports required pursuant to subsection C shall be completed by a long-term services and supports screening team that includes a nurse, social worker or other assessor designated by the Department who is an employee of the Department of Health or the local department of social services,and a physician who is employed or engaged by the Department of Health.

To the extent such screening team determinesandetermines it is unable to complete the long-term services and supports screening within 30 days or the individual has requested enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening.

If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving inpatient services in an acute care hospital at the time of such application or request and will begin receiving long-term services and supports as defined in the state plan for medical assistance services pursuant to a discharge order from an acute care hospital, the screening for long-term services and supports required pursuant to subsection C shall be completed by the acute care hospital in accordance with the screening requirements established by the Department.

If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving skilled nursing services that are not covered by the Commonwealth's program of medical assistance services in an institutional setting following discharge from an acute care hospital, the Department shall require qualified staff of the skilled nursing institution to conduct the long-term services and supports screening in accordance with the requirements established by the Department, with the results certified by a physician prior to the initiation of long-term services and supports under the state plan for medical assistance services.

to the initiation of long-term services G.

During this six-month period, the nursing home in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports that would otherwise have been covered by the Commonwealth's program of medical assistance services, without accessing patient funds.

SixredSix by months after the date of admission to the skilled nursing facility, and as indicated through the eligibility of 2 determination, the Commonwealth's program of medical assistance services shall assume coverage of such services.

To the extent that sufficient evidence is provided to indicate that the admission without of 2 screening was of no fault of the skilled nursing facility, the Department shall begin coverage of institutional long-term services and supports under this subsection by the Commonwealth's program of medical assistance services immediately upon the completion of the functional screening indicating nursing facility level of care pending the financial eligibility determination.