Alabama Administrative Code › Title 560 - ALABAMA MEDICAID AGENCY › Chapter 560-X-52 - HOME AND COMMUNITY-BASED LIVING AT HOME (LH) WAIVER FOR THE MENTALLY RETARDED › Section 560-X-52-.01 - Authority And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Home
			 and Community-Based Services (HCBS) under the Home and Community-Based Living
			 at Home (LAH) Waiver for individuals with intellectual disabilities are
			 provided by the Alabama Medicaid Agency to persons who are Medicaid-eligible
			 under the waiver and who would, but for the provision of such HCBS, require the
			 level of care available in an Intermediate Care Facility for Individuals with
			 Intellectual Disabilities (ICF/IID). These HCBS under the LAH Waiver are
			 provided through a Medicaid waiver under provisions of the Omnibus Budget
			 Reconciliation Act of 1981, which added Section 1915(c) to the Social Security
			 Act, for an initial period of three years and renewal periods of five
			 years.
(2) The HCBS covered in the
			 LAH Waiver are Community Day Habilitation Services, Day Habilitation Services,
			 Prevocational Services, Supported Employment Services, Occupational Therapy
			 Services, Speech and Language Therapy Services, Physical Therapy Services,
			 Positive Behavior Support Services, Respite Care Services, Personal Care
			 Services, Environmental Accessibility Adaptations Services, Specialized Medical
			 Supplies Services, Assistive Technology Services, Skilled Nursing Services,
			 Crisis Intervention Services, Individual Directed Goods and Services,
			 Assistance in Community Integration Services, Benefits and Career Counseling
			 Services, Community Experience Services, Personal Emergency Response System
			 (PERS) Services, Supported Employment Emergency Transportation Services, Remote
			 Support Services, Companion Services, and Housing Stabilization Services. These
			 HCBS provide assistance necessary to ensure optimal functioning of individuals
			 with intellectual disabilities.
(3)
			 The LAH Waiver is administered through a cooperative effort between the Alabama
			 Medicaid Agency and the Alabama Department of Mental Health and is restricted
			 to individuals with a diagnosis of an intellectual disability, ages 3 and
			 above, and those not residing in a group home situation. Priority access to the
			 LAH Waiver shall be given to individuals on a verified waiting list.
(4) Home and Community-Based Services for the
			 LAH Waiver are provided in compliance with the provisions of the HCBS Settings
			 Final Rule (CMS 2249-F/2296- F). These provisions require the following:
(a) Services may only be provided in settings
			 that:
1. Are integrated in and support full
			 access to the greater community, including opportunities to seek employment and
			 work in competitive integrated settings, engage in community life, control
			 personal resources, and receive services in the community, to the same degree
			 of access as individuals not receiving Medicaid HCBS;
2. Are selected by the individual from among
			 setting options;
3. Ensure
			 individual rights of privacy, dignity and respect, and freedom from coercion
			 and restraint.
4. Optimize autonomy
			 and independence in making life choices including but not limited to, daily
			 activities, physical environment, and with whom to interact
5. Facilitate choice regarding services and
			 who provides them.