The Bazelon Center for Mental Health Law


 

 

Home- and Community-Based Services Options

Medicaid law permits states to request from the HCFA a waiver of standard Medicaid rules in order to furnish a broad array of home- and community-based services for individuals who would otherwise be in a Medicaid-covered institution. Because of the federal rule that does not allow payment for services in an Institution for Mental Diseases (IMD), this option is extremely difficult to use for adults age 22-64 who are in hospitals or specialized nursing facilities that are considered IMDs.

However, the home- and community-based services waiver is available to states for the following populations: children through age 21 (see the child services section below), adults over age 64 in states that have elected the optional IMD service under Section 1905(a)(14), or adults of any age who reside in nursing facilities covered under Section 1905(a)(4)(A).

For adults, only Colorado has a home- and community -based waiver focusing specifically on individuals with serious mental illness. Colorado's waiver serves adults who would otherwise be in nursing home care (but not in an IMD), most of whom are over are 60. Other states may include this population within the scope of a broader waiver, but anecdotal information suggests this is extremely rare.

Next: Medicaid Services for Children

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org