(1) The general assembly finds and declares that:
- (a) Due to changes in the state's medical assistance program, it is necessary to merge the current disabled children care program established pursuant to section 25.5-6-901 and the pediatric hospice care program established pursuant to section 25.5-5-305 into a children with complex health needs waiver program; and
- (b) Combining the programs will allow the state department to streamline home- and community-based services for children, expand access to services, and ensure eligible children continued access to necessary services.
(2) As used in this section, unless the context otherwise requires:
- (a) Bereavement services means counseling provided to eligible children or their family members to guide and help children and families cope with an eligible child's complex health needs and the stress that accompanies the continuous care for a child with complex health needs.
(b) Palliative care means a specific program of specialized medical care, including care coordination and pain and symptom management, for eligible children that is offered by a licensed health-care facility or provider and that is specifically focused on the provision of services in order to:
- (I) Provide eligible children with relief from the symptoms, pain, and stress of complex health needs, whatever the diagnosis; and
- (II) Improve the quality of life for both the eligible child and the child's family.
- (c) Respite care services means short-term services provided to an eligible child in the child's home or in a facility approved by the state department in order to temporarily relieve the child's family or other home care providers from the care and maintenance of the eligible child, including room and board, personal care, and other related services.
(3)
- (a) The state department shall seek any federal authorization necessary to implement a waiver program for children with complex health needs. The state board shall establish, by rule, to the extent authorized or required by the federal waiver, the types of services provided by the waiver program, which must include respite care services, palliative care, and bereavement services.
- (b) A child is eligible for the waiver program if the child is under nineteen years of age, is eligible for the state medical assistance program pursuant to this article 6 and articles 4 and 5 of this title 25.5, and has a life-limiting illness or qualifies for nursing facility or hospital level of care.
- (4) The children with complex health needs waiver program, as authorized pursuant to this section, must meet aggregate federal waiver budget neutrality requirements.
Source: L. 2025: Entire section added, (HB 25-1003), ch. 50, p. 221, § 1, effective July 1.