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Code · BILL · 116th Congress · S. 2112 (Introduced in Senate) — To enhance the rights of domestic workers, and for other purposes. · Sec. 402

Sec. 402. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid

728 words·~3 min read·/bill/116/s/2112/is/section-402

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The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation (referred to in this section as ASPE ), shall enter into arrangements with States to collect State Medicaid program data on the personal or home care aide workforce. The data collected under such arrangements shall include the following: Rates of retention and turnover of personal or home care aides by program type and State. Causes of such turnover. Numbers and types of personal or home care aides impacted by this Act and the amendments made by this Act, including, but not limited to, with respect to— personal or home care aides providing services to individuals who are enrolled in a State Medicaid program, including, in the case of individuals enrolled under a waiver of such program, the types of waivers involved; and personal or home care aides providing services to individuals who are not enrolled in a State Medicaid program.
Wages earned by personal or home care aides in each State. Variations in wages across types of employers of personal or home care aides. Any other such data as ASPE determines relevant to studying how to improve the recruitment and retention of the personal or home care aide workforce. Based on the data collected under arrangements entered into under subsection (a), ASPE shall determine a proposed increased FMAP for amounts expended by a State for medical assistance described in section 1905(ff)(2) of the Social Security Act ( 42 U.S.C. 1396d(ff)(2) ) (as added by section 401) under the State Medicaid program that is provided by a personal or home care aide.
The proposed increased FMAP shall be designed to do the following: Provide adequate reimbursement under State Medicaid programs for increased costs for Federal, State, and local changes in wages and benefits for personal or home care aides as a result of this Act and the amendments made by this Act. Improve the rates of retention and recruitment of personal or home care aides who provide medically necessary services. Ensure the independence and integration of individuals with disabilities who rely on personal or home care aides.
In determining such proposed increased FMAP, ASPE shall consult with the Domestic Worker Wage and Standards Board and shall provide that Board with the opportunity to make formal written comments on ASPE's final proposed increased FMAP before the report required under subsection
(c)is submitted to Congress. Not later than 1 year after the date of enactment of this Act, ASPE shall submit a report to Congress that includes the following: The proposed increased FMAP determined by ASPE. An explanation of the benefits of using the proposed increased FMAP calculation for— the personal or home care aide workforce; and elderly individuals and individuals with disabilities who are provided medical assistance described in section 1905(ff)(2) of the Social Security Act ( 42 U.S.C. 1396d(ff)(2) ) (as added by section 401) by a personal or home care aide, as well as to family caregivers. The written comments, if any, submitted by the Domestic Worker Wage and Standards Board to ASPE prior to the submission of the report. Suggestions for how States and the Federal Government can improve the process of obtaining timely, uniform data under State Medicaid programs regarding the personal or home care aide workforce. Not later than 90 days after the report required under paragraph
(1)is submitted to Congress, the Domestic Worker Wage and Standards Board may submit an addendum to the report to Congress that contains the Board’s views regarding the proposed increased FMAP and report submitted by ASPE. In this section: The term personal or home care aide has the meaning given that term in section 1905(ff)(3) of the Social Security Act ( 42 U.S.C. 1396d(ff)(3) ). The term FMAP means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), as determined without regard to this section. The term State has the meaning given that term in section 1101 of the Social Security Act ( 42 U.S.C. 1301 ) for purposes of title XIX of that Act. The term State Medicaid program means, with respect to a State, the program for medical assistance carried out by a State under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and any waiver of that plan.
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Sec. 402
Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid
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