Bill > HB470

This bill directs the Department of Medical Assistance Services (DMAS), which administers Medicaid programs, to seek federal approval to change the rules for "consumer-directed services" offered through certain Medicaid waivers. These waivers, specifically "1915(c) Home and Community-Based Services Medicaid Waivers," allow individuals to receive care and support in their homes and communities instead of in institutions. The key change is that individuals receiving these services will be able to act as the "employer of record" (EOR) for their own care providers. The EOR is responsible for tasks like hiring, training, and managing their caregivers. If the individual receiving services is unable to manage these duties themselves, they can designate another person to act as the EOR on their behalf. The bill also clarifies that the "employer identification number" (EIN), a unique number used for tax purposes, will generally be assigned to the individual receiving services and cannot be transferred to someone else, unless specific exceptions apply, such as the individual being a minor, unable to use their existing EIN for tax benefits, or otherwise deemed ineligible by DMAS. Finally, DMAS will have the authority to limit how often an individual can change their designated EOR, capping it at twice per calendar year.

Budget and Finance, Health and Social Services

https://lis.virginia.gov/bill-details/20261/HB470