An Act establishing guardians as providers of medical care to support the rights of incapacitated persons
By Ms. Lovely, a petition (accompanied by bill, Senate, No. 154) of Joan B. Lovely and Vanna Howard for legislation to establish guardians as providers of medical care to support the rights of incapacitated persons. Children, Families and Persons with Disabilities.
Makes several discrete amendments in the chapter on Medicaid relative to the appointment and use of professional guardians. In particular:
Prohibits immediate family members (a spouse, parent, grandparent, child, grandchild or sibling) from being a a “provider” within the meaning of the Medicaid statute;
Requires EOHHS to also establish rates for “professional” guardians along with rates of payment for social service programs;
Amends provisions currently establishing that no claim for medical care or services is to be reimbursed if any health insurer is already liable for it, with provisions that in the case of a guardian, no claim for care or services shall be reimbursed if any department of the state or federal judiciary is liable for such claim;
Adds provisions establishing what evidence a guardian needs to submit to present satisfactory evidence of their qualifications to provide professional services.
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