Elderly Waiver Disproportionate Share Changes Expand Eligibility
One of the provisions of the Health and Human Services policy bill that passed on the last night of the session made revenue-neutral revisions to the Elderly Waiver Customized Living (EWCL) disproportionate share program for the 2023 calendar year and beyond.
Last year, the legislature created the disproportionate share program to provide a rate floor to EWCL providers who served at least 80% Elderly Waiver clients. This year, there was a lobbying effort to increase the floor and expand eligibility for the program. Still, it appears the legislature will not fund a significant expansion of the program this year.
The changes to the program that will be effective in the calendar year 2023 include:
- Including disability waiver clients in the eligibility test (but not the rate floor) but increasing the percentage of waiver clients needed to qualify to 83.5%
- Adding a requirement that 70% of waiver clients be on EW
- Allowing sites that are exempt from Assisted Living Licensure to be eligible
- Changing the date when the percentages for eligibility are measured from Oct. 1 of the previous year to Sept. 1
The floor for eligible settings remains $119 per resident per day, which applies to all EWCL clients for a calendar year. DHS will be accepting applications for 2023 eligibility in September of this year. We will share information about how to apply when it is available.