Sec. 401. Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic workers
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/bill/117/s/2569/is/section-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— in subsection (b), by striking and
(ii)and inserting (ii), and
(jj); and by adding at the end the following new subsection: Notwithstanding subsection (b), with respect to amounts expended by a State for medical assistance described in paragraph
(2)that is provided by a personal care aide or assistant during a quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this subsection, the Federal medical assistance percentage for the State and the quarter that applies to such expenditures shall, after application of any increase to the Federal medical assistance percentage for the State and quarter, if applicable, under subsection (y), (z), (aa), or
(ii)of this section, section 1915(k), section 6008 of the Families First Coronavirus Response Act, section 9817 of the American Rescue Plan Act, or any other provision of law, be increased by 4 percentage points (not to exceed 100 percent). Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under subparagraph
(A)shall not be taken into account for purposes of applying payment limits under subsections
(f)and
(g)of section 1108. The medical assistance described in this paragraph is the following: Home health care services authorized under paragraph
(7)of subsection (a). Personal care services authorized under paragraph
(24)of such subsection. PACE services authorized under paragraph
(26)of such subsection. Home and community-based services authorized under subsections (b), (c), (i), (j), and
(k)of section 1915, such services authorized under a waiver under section 1115, and such services provided through coverage authorized under section 1937. Case management services authorized under subsection (a)(19) and section 1915(g). Rehabilitative services, including those related to behavioral health, described in subsection (a)(13). Such other services specified by the Secretary. A State may not receive the increase described in paragraph
(1)with respect to a quarter if the eligibility standards, methodologies, or procedures applicable to the provision of medical assistance described in paragraph
(2)under the State plan (or waiver of such plan) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, applicable to the provision of such assistance under such plan (or waiver) as in effect on the date of enactment of this subsection. In this subsection, the term personal care aide or assistant has the meaning given that term in section 3(b)(11) of the Domestic Workers Bill of Rights Act and includes any individual who provides medical assistance described in paragraph
(2)for compensation. . Section 2105(a) of the Social Security Act ( 42 U.S.C. 1397ee(a) ) is amended by adding at the end the following new paragraph: Notwithstanding paragraph
(1)and subsection (b), the Secretary shall pay to each State with a plan approved under this title, from its allotment under section 2104, an amount, for each quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this paragraph, equal to the enhanced FMAP, increased by 4 percentage points (not to exceed 100 percent) of expenditures in the quarter for child health assistance and pregnancy-related assistance described in subparagraph
(B)that are provided under the plan for targeted low-income children and targeted low-income women. The child health assistance and pregnancy-related assistance described in this subparagraph are the following: Home and community-based health care services and related supportive services under paragraph
(14)of section 2110 (other than training for family members, and minor modifications to the home). Rehabilitative services under paragraph
(24)of section 2110. .
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Sec. 401
Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic workers
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