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Panel backs bill authorizing DCH to seek 1915 waiver to support children at risk of out‑of‑home placement
Summary
The committee passed HB 12‑38 (LC600227) to allow the Department of Community Health to apply for a 1915 waiver to fund wraparound and respite services for children under 21 at risk of out‑of‑home placement; lawmakers added amendment to emphasize 'least restrictive, most family‑like setting.'
The Senate Health and Human Services Committee voted to pass HB 12‑38 (LC600227) on March 17, authorizing the Department of Community Health (DCH) to pursue a Section 1915 waiver intended to fund wraparound services, respite care and related supports for children under 21 who are at risk of out‑of‑home placement.
Sponsor (S17) told the committee the initiative emerged from a study committee and from DCH and is intended to help families keep children at home when clinically appropriate and to free inpatient capacity by covering community‑based services that Medicaid might not otherwise fund. The bill directs DCH to submit the waiver request by Dec. 31 (as reflected in the bill’s text).
Senator Kirkpatrick (S14) and others asked whether agencies such as DFCS and DBHDD were coordinated; sponsor and DCH representatives described interagency discussions and their role in drafting the proposal. Brandy Sylvan (S19), Director of Government Relations for DCH, told the committee she had no objection to a friendly amendment proposed by Senator (S11) to add the phrase "in the least restrictive, most family‑like setting possible" to reinforce existing policy expectations.
The committee adopted the amendment and then voted to pass the bill as amended. Witnesses described the measure as an administrative step to allow DCH to submit an application; details of services and eligibility would be set in the waiver application to Centers for Medicare & Medicaid Services (CMS).
What happens next: If advanced by the Senate, DCH will proceed with the waiver application process with federal CMS and continue interagency coordination on program design.
Why it matters: Sponsors said the waiver could increase access to home and community‑based services for children with complex medical and behavioral needs, potentially reducing long hospital and treatment placements and supporting family preservation.
