Section 25.5-6-1501 - Community transition services and supports - legislative declaration - rules(1) The general assembly finds and declares that: (a) Federally required assessments indicate that more persons living in institutional settings expressed an interest in transitioning to home- or community-based settings than currently have transitions available to them;(b) Federally required surveys indicate these persons report a higher quality of life after transitioning to home- and community-based settings, and those successful transitions often result in cost savings to the state;(c) In order to ensure a successful transition, such persons will need ongoing services and supports after the transition; and(d) Some persons transitioning out of an institution will need assistance with finding and paying for housing that may be provided by vouchers from the department of local affairs.(2)(a) The state department shall implement community transition services and supports that allow eligible persons to receive services to support a successful transition from an institutional setting to a home- or community-based setting. The state department may seek any state plan amendments or federal waivers or waiver amendments that may be necessary to implement this part 15.(b) With input from consumers of home- and community-based services, the state department shall design and implement community transition services and supports for eligible persons who are preparing to transition or have recently transitioned from an institutional setting.(c) An eligible person is not required to leave an institutional setting if, while exploring the option to transition, the person decides to remain in his or her current living situation. If an eligible person does transition, the person may choose between state plan benefits and waiver services for which he or she is eligible to ensure a successful transition.(3) In order to qualify and to remain eligible for the community transition services and supports authorized by this part 15, a person shall:(a) Be eligible for home- and community-based services under parts 3 to 12 of this article 6 or any other home- and community-based service waiver for which the state department has federal waiver authority;(b) Be willing to participate and have expressed an interest in moving to a home- or community-based setting;(c) Reside in a nursing home or other institutional setting;(d) Obtain medicaid eligibility prior to discharging from the institutional setting and prior to accessing community transition services needed to assist the person with planning and preparing for the transition;(e) Work with a case management agency to determine and enroll in the additional home- and community-based services needed for a successful transition;(f) Transition to a home- or community-based setting that complies with federal and state rules; and(g) Meet any other qualifications established by the state board by rule.(4) The services provided to the eligible person under this part 15 must be based on the eligible person's community living goals, assessed needs, and support plan, or any approved resource allocation process as determined by the state department for the eligible person.(5) The state department shall develop the accountability requirements necessary to safeguard the use of public dollars, to promote effective and efficient delivery of services, and to monitor the safety and welfare of persons receiving services pursuant to this part 15.(6) The state board shall adopt rules as necessary for the implementation and administration of the community transition services and supports authorized by this part 15, including establishing limits on the units of service per eligible person to fit within available appropriations.(7) A person who has been designated as a legal guardian must be involved in the decision-making related to the feasibility of a transition to a home- or community-based setting and the choice of services and supports that may be needed to support a successful transition.(8) [Repealed by 2024 amendment.] Amended by 2024 Ch. 34,§ 27, eff. 3/22/2024.Added by 2018 Ch. 183, § 1, eff. 7/1/2018.L. 2018: Entire part added, (HB 18-1326), ch. 183, p. 1237, § 1, effective July 1.