Bills › 91st General Assembly
Relating to the Medicaid home and community-based services elderly waiver program, including transition planning and assisted living services
Sponsored by the House Health and Human Services Committee
Topics:Health careFamilies & human servicesMedicaid
Same legislation: HSB 739
Where it is now
- Done: IntroducedFebruary 12, 2026
- Done: SubcommitteeFebruary 12, 2026
- Done: House committeeFebruary 17, 2026
- Done: Passes the HouseFebruary 26, 202690–0
- Done: Senate committeeMarch 19, 2026
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary The Department of Health and Human Services will create new rules to help people move from nursing homes into home-based care programs. These rules allow staff to start planning a person's move to a more independent setting before they even leave the nursing facility. Additionally, the state will define assisted living services to include personal care and 24-hour supervision in a home-like setting.1
Read the official explanation
This bill relates to the Medicaid home and community-based services elderly waiver program (elderly waiver), including transition planning and assisted living services. The bill directs the department of health and human services (HHS) to adopt rules to allow case managers and care coordination team members to work with a resident of a skilled nursing facility, family members of the resident, and other skilled nursing facility staff to initiate transition planning from the skilled nursing facility to the elderly waiver program prior to the discharge of the resident. HHS must also adopt rules to include adults aged or older who are residents of a nursing facility in the definition of targeted population for purposes of case management services furnished to elderly waiver participants. The bill directs HHS to adopt rules to define “assisted living service” to mean personal care and supportive services that are furnished to waiver participants who reside in a homelike, noninstitutional setting. The service must include 24-hour on-site response capability to meet member needs as well as member safety and security through incidental supervision. Assisted living service is not reimbursable if performed at the same time as any service included in an approved consumer-directed attendant care agreement. The rules must also specify certain billing requirements.
Senate subcommittee
Named March 4, 2026. On March 11, 2026 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill allows case managers to work with nursing facility residents to plan their transition to the Elderly Waiver and permits Medicaid to pay a per diem for scheduled assisted living services. The total estimated cost is approximately $5.6 million in fiscal year 2027 and $5.4 million in fiscal year 2028. These costs are shared between the state and the federal government, with the state paying $2.1 million in fiscal year 2027 and $2.0 million in fiscal year 2028.3
From the note: 5 million. 4 million. Figure 1 shows the breakout of costs in FY 2027 to implement HF 2641. Figure 2 shows annual, ongoing costs for FY 2028.
- Medical Assistance, Elderly Waiver · February 25, 2026
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91st General Assembly