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Committee hears Damon Lifestet Act with enhanced rate tiers, asset‑limit changes and hospital CFSS reimbursement; bill laid over
Summary
Senate File 1127, the Damon Lifestet Act, was presented April 7 and would make several policy changes affecting waivers, asset limits, enhanced care rates, weekend and overnight rate differentials, and reimbursement of CFSS in acute hospital stays.
Senate File 1127, presented to the Human Services Committee April 7 and named the Damon Lifestet Act, compiles a set of policy changes aimed at strengthening services for people with disabilities and the direct care workforce. The sponsor, Senator Hoffman, described the bill as a package of proposals developed with input from the late disability advocate Damon Lifestet and the Department of Human Services.
Key provisions described by Hoffman and staff include:
- Removing the asset limit on MA ABD for people who transition from MA EPD after age 65 so savings do not force people to spend down to remain eligible; the testimony explained MA ABD currently has a $20,000 asset limit.
- Removing premiums for MA EPD beneficiaries (an expansion of prior action to remove parental fees under TEFRA) to reduce financial barriers for people with disabilities.
- Creating an enhanced rate structure for in‑home and personal care assistance that recognizes higher daily‑hour needs. Hoffman described tiers that would result in higher hourly payments for consumers who receive many hours of direct support daily — for example, increasing rates to 107.5% for people receiving approximately 10–14.75 hours of support per day and up to 117.5% for individuals receiving 20 or more hours per day. The bill also proposes a 125% professional development enhanced rate for PCAs with specified additional training or credentials to incentivize higher skill levels.
- A weekend rate differential (a 110% rate) and an overnight differential (a 10% increase for hours between 10 p.m. and 6 a.m.) to address staffing challenges for non‑daytime shifts.
- Directing the Department of Human Services to seek changes to allow Community First Services and Supports (CFSS) to be reimbursed when provided during an acute‑care hospital stay, provided those services are specified on the person‑centered plan, are not a supplanting of hospital obligations, and are targeted to preserve function and ease transitions to home and community settings.
Committee fiscal staff reported a fiscal note limited to the hospital CFSS reimbursement portion (section 11): the fiscal analyst stated that section 11 would cost an estimated $4.4 million in the first biennium and just over $7.0 million in the tails. The committee chose to lay the bill over for possible inclusion in the omnibus package and to await additional fiscal analysis for other sections.
Disposition: Senate File 1127 was laid over for possible inclusion; staff fiscal note provided for the hospital CFSS reimbursement portion.
