Elderly Waiver Disproportionate Share Changes Expand Eligibility

Posted on May 26, 2022 by Jeff Bostic

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.