Bill
Bill > SB1328
summary
Introduced
01/12/2025
01/12/2025
In Committee
01/30/2025
01/30/2025
Crossed Over
Passed
Dead
02/22/2025
02/22/2025
Introduced Session
2025 Regular Session
Bill Summary
Department of Medical Assistance Services; Medicaid waivers; consumer-directed services; employer of record. Directs the Department of Medical Assistance Services (DMAS) to modify the program rules for consumer-directed services available through certain Medicaid waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. The bill specifies that when an individual (i) has not yet reached the age of majority, (ii) is ineligible to use his existing employer identification number (EIN) to facilitate the taxation of benefits, or (iii) is otherwise determined to be ineligible by DMAS by administrative rule, the EIN shall be assigned to the individual receiving services and shall not be transferred to another individual. Under the bill, DMAS has the authority to limit such amendments to specify that an individual receiving services may make such designation no more than twice per calendar year.
AI Summary
This bill directs the Department of Medical Assistance Services (DMAS) to modify Medicaid waiver rules for consumer-directed services, specifically focusing on the employer of record (EOR) designation. Under the proposed changes, individuals receiving services would be allowed to serve as their own employer of record and designate another person to perform EOR duties when they cannot do so themselves. The bill mandates that the employer identification number (EIN) will be assigned to the service recipient and generally cannot be transferred to another individual. However, exceptions exist for minors, individuals unable to use their existing EIN for tax purposes, or those deemed ineligible by DMAS administrative rules. Additionally, DMAS is granted the authority to limit EOR designations to no more than two times per calendar year. These modifications would be implemented through federal waiver amendments under Titles XIX and XXI of the Social Security Act, specifically targeting 1915(c) Home and Community-Based Services Medicaid Waivers, with the goal of providing more flexibility and control to individuals receiving consumer-directed services.
Committee Categories
Budget and Finance, Health and Social Services
Sponsors (1)
Last Action
Left in Finance and Appropriations (on 02/05/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20251/SB1328 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1328) | https://lis.blob.core.windows.net/files/1037367.PDF |
| BillText | https://lis.virginia.gov/bill-details/20251/SB1328/text/SB1328S1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1328) | https://lis.blob.core.windows.net/files/1029585.PDF |
| BillText | https://lis.virginia.gov/bill-details/20251/SB1328/text/SB1328SC1 |
| BillText | https://lis.virginia.gov/bill-details/20251/SB1328/text/SB1328 |
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