Sec. 30715. Funding for HCBS quality measurement and improvement
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Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended— in section 1139A— in subsection (a)(4)(B)— by striking Beginning with the annual State report on fiscal year 2024 and inserting the following: Subject to clause (ii), beginning with the annual State report on fiscal year 2024 ; and by adding at the end the following new clause: With respect to reporting on information regarding the quality of home and community-based services provided to children under title XIX, beginning with the annual State report for the first fiscal year that begins on or after the date that is 2 years after the date that the Secretary publishes the home and community-based services quality measures developed under subsection (b)(5)(B) the Secretary shall require States to report such information using the standardized format for reporting information and procedures developed under subparagraph
(A)and using such home and community-based quality measures developed under subsection (b)(5) (including any updates or changes to such measures). ; and in subsection (b)(5)— by striking Beginning no later than January 1, 2013 and inserting the following: Beginning no later than January 1, 2013 ; and by adding at the end the following new subparagraph: Beginning with the first year that begins on the date that is 2 years after the date of enactment of this subparagraph, the core measures described in subsection
(a)(and any updates or changes to such measures) shall include home and community-based services quality measures developed by the Secretary in the manner described in section 1139B(b)(5)(D). The Secretary may determine which measures are to be included in the core set under this section and which in the core set under section 1139B, based on the differences in health care needs for the relevant populations. ; and in section 1139B— in subsection (b)— in paragraph (3), by adding at the end the following new subparagraph: Beginning with the State report required under subsection (d)(1) for the first year that begins on or after the date that is 2 years after the date that the Secretary publishes the home and community-based quality measures developed under paragraph (5)(D), the Secretary shall require States to report information, using the standardized format for reporting information and procedures developed under subparagraph (A), regarding the quality of home and community-based services for Medicaid eligible adults using either— the home and community-based services quality measures included in the core set of adult health quality measures under subparagraph (D), and any updates or changes to such measures; or an equivalent alternative set of home and community-based services quality measures approved by the Secretary. ; and in paragraph (5), by adding at the end the following new subparagraph: Beginning with respect to State reports required under subsection (d)(1) for the first year that begins on or after the date that is 2 years after the date of enactment of this subparagraph, the core set of adult health quality measures maintained under this paragraph (and any updates or changes to such measures) shall include home and community-based services quality measures developed in accordance with this subparagraph. In developing (and subsequently reviewing and updating) the home and community-based services quality measures included in the core set of adult health quality measures maintained under this paragraph, the Secretary shall— collaborate with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Administration for Community Living, the Director of the Agency for Healthcare Research and Quality, and the Assistant Secretary for Mental Health and Substance Use; and ensure that such home and community-based services quality measures are informed by input from stakeholders, including recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates. Such home and community-based services quality measures shall— reflect the full array of home and community-based services and recipients of such services; and include— outcomes-based measures; measures of availability of services; measures of provider capacity and availability; measures related to person-centered care; measures specific to self-directed care; measures related to transitions to and from institutional care; and beneficiary and family caregiver surveys. Such home and community-based services quality measures shall allow for the collection, to the extent available, of data that is disaggregated by age groups, primary disability, income brackets, gender, race, ethnicity, geography, primary language, and type of service setting. For purposes of this section and section 1139A, the terms home and community-based services , health plan ; and direct care worker have the meanings given those terms in section 30711 of the Act titled An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 . In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until expended, for carrying out this subparagraph. ; and in subsection (d)(1)(A), by striking ; and and inserting and, beginning with the report for the first year that begins after the date that is 2 years after the Secretary publishes the home and community-based quality measures developed under subsection (b)(5)(D), home and community-based services quality measures included in the core set of adult health quality measures maintained under subsection (b)(5) and any updates or changes to such measures or an equivalent alternative set of home and community-based services quality measures approved by the Secretary; and . Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended— in subparagraph (F)(ii), by striking plus after the semicolon and inserting and ; and by inserting after subparagraph (F), the following: 80 percent of so much of the sums expended during such quarter as are attributable to the reporting of information regarding the quality of home and community-based services in accordance with sections 1139A(a)(4)(B)(ii) and 1139B(b)(3)(C); and . Section 1108(g)(4) of the Social Security Act is amended by adding at the end the following new subparagraph: Payments under section 1903(a)(3)(G) shall not be taken into account in applying payment limits under subsection
(f)and this subsection. .
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