Sec. 111. Financial assistance for advance care planning
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/bill/113/s/3009/is/section-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1002(6) of the Legal Services Corporation Act ( 42 U.S.C. 2996a(6) ) is amended by striking clause
(A)of and inserting subparagraph
(A)or
(B)of . Section 1006 of the Legal Services Corporation Act (42 U.S.C. 2996e) is amended— in subsection (a)(1)— by striking title, and
(B)to make and inserting the following: “title; to make ; and by inserting after subparagraph
(A)the following: to provide financial assistance, and make grants and contracts, as described in subparagraph (A), on a competitive basis for the purpose of providing legal assistance in the form of advance care planning (as defined in section 3 of the Advance Planning and Compassionate Care Act of 2014 , and including providing information about State-specific advance directives, as defined in that section) for eligible clients under this title, including providing such planning to the family members of eligible clients and persons with power of attorney to make health care decisions for the clients; and ; and in subsection (b), by adding at the end the following: Advance care planning provided in accordance with subsection (a)(1)(B) shall not be construed to violate the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.). . Section 1008(a) of the Legal Services Corporation Act ( 42 U.S.C. 2996g(a) ) is amended by adding at the end the following: The Corporation shall require such a report, on an annual basis, from each grantee, contractor, or other recipient of financial assistance under section 1006(a)(1)(B). . Section 1010 of the Legal Services Corporation Act ( 42 U.S.C. 2996i ) is amended— in subsection (a)— by striking
(a)and inserting (a)(1) ; in the last sentence, by striking Appropriations for that purpose and inserting the following: Appropriations for a purpose described in paragraph
(1)or
(2); and by inserting before paragraph
(3)(as designated by clause (ii)) the following: There are authorized to be appropriated to carry out section 1006(a)(1)(B), $10,000,000 for each of fiscal years 2015, 2016, 2017, 2018, and 2019. ; and in subsection (d), by striking subsection
(a)and inserting subsection (a)(1) . This subsection and the amendments made by this subsection take effect July 1, 2015. The Secretary shall use amounts made available under paragraph
(3)to award grants to States for State health insurance assistance programs receiving assistance under section 4360 of the Omnibus Budget Reconciliation Act of 1990 to provide advance care planning services to Medicare beneficiaries, personal representatives of such beneficiaries, and the families of such beneficiaries. Such services shall include information regarding State-specific advance directives and ways to discuss individual care wishes with health care providers. In making grants under this subsection for a fiscal year, the Secretary shall satisfy the following requirements: Two-thirds of the total amount of funds available under paragraph
(3)for a fiscal year shall be allocated among those States approved for a grant under this section that have adopted the Uniform Health-Care Decisions Act drafted by the National Conference of Commissioners on Uniform State Laws and approved and recommended for enactment by all States at the annual conference of such commissioners in 1993. One-third of the total amount of funds available under paragraph
(3)for a fiscal year shall be allocated among those States approved for a grant under this section that have adopted a uniform form for orders regarding life sustaining treatment as defined in section 1861(hhh)(5) of the Social Security Act (as amended by section 211 of this Act) or a comparable approach to advance care planning. As a condition of being awarded a grant under this subsection, a State shall submit the following to the Secretary: An approved plan for expending grant funds. For each fiscal year for which the State is paid grant funds under this subsection, an annual report regarding the use of the funds, including the number of Medicare beneficiaries served and their satisfaction with the services provided. No State shall be paid funds from a grant made under this subsection prior to July 1, 2015. There is authorized to be appropriated to the Secretary to the Centers for Medicare & Medicaid Services Program Management Account, $12,000,000 for each of fiscal years 2015 through 2019 for purposes of awarding grants to States under paragraph (1). Section 1903(z) of the Social Security Act ( 42 U.S.C. 1396b(z) ) is amended— in paragraph (2), by adding at the end the following new subparagraph: Methods for improving the effectiveness and efficiency of medical assistance provided under this title by making available to individuals enrolled in the State plan or under a waiver of such plan information regarding advance care planning (as defined in section 3 of the Advance Planning and Compassionate Care Act of 2014 ), including at time of enrollment or renewal of enrollment in the plan or waiver, through providers, and through such other innovative means as the State determines appropriate. ; in paragraph (3), by adding at the end the following new subparagraph: Payment to a State under this subsection to adopt the innovative methods described in paragraph (2)(G) is conditioned on the State submitting to the Secretary an approved plan for expending the funds awarded to the State under this subsection. ; and in paragraph (4)— in subparagraph (A)— in clause (i), by striking and at the end; in clause (ii), by striking the period at the end and inserting ; and ; and by inserting after clause (ii), the following new clause: $20,000,000 for each of fiscal years 2015 through 2019. ; and by striking subparagraph (B), and inserting the following: The Secretary shall specify a method for allocating the funds made available under this subsection among States awarded a grant for fiscal year 2015, 2016, 2017, 2018, or 2019. Such method shall provide that— 100 percent of such funds for each of fiscal years 2015 through 2019 shall be awarded to States that design programs to adopt the innovative methods described in paragraph (2)(G); and in no event shall a payment to a State awarded a grant under this subsection for fiscal year 2015 be made prior to July 1, 2015. . The Secretary shall use amounts made available under paragraph
(3)to award grants to area agencies on aging (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )). Funds awarded to an area agency on aging under this subsection shall be used to provide advance care planning education and training opportunities for local aging service providers and organizations. As a condition of being awarded a grant under this subsection, an area agency on aging shall submit the following to the Secretary: An approved plan for expending grant funds. For each fiscal year for which the agency is paid grant funds under this subsection, an annual report regarding the use of the funds, including the number of Medicare beneficiaries served and their satisfaction with the services provided. No area agency on aging shall be paid funds from a grant made under this subsection prior to July 1, 2015. There is authorized to be appropriated to the Secretary to the Centers for Medicare & Medicaid Services Program Management Account, $12,000,000 for each of fiscal years 2015 through 2019 for purposes of awarding grants to area agencies on aging under paragraph (1). The Secretary shall establish procedures to ensure that funds made available under grants awarded under this section or pursuant to amendments made by this section supplement, not supplant, existing Federal funding, and that such funds are not used to duplicate activities carried out under such grants or under other Federally funded programs.
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Sec. 111
Financial assistance for advance care planning
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