Sec. 104. Home and community-based services implementation plan grant program
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Not later than 1 year after the date of the enactment of this Act, the Secretary shall award to each State a grant for purposes of enabling such State to implement the requirement to provide home and community-based services under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). A grant awarded under subsection
(a)shall be used by a State to develop an implementation plan described in subsection
(c)to be submitted to the Secretary for approval. An implementation plan described in this subsection is a plan developed by a State that includes the following: An explanation of how the State will operationalize the definition of an eligible individual under section 1905(jj) of the Social Security Act, including the process for determinations specified in paragraph (3)(A)(i) of such section. A description of the State’s plan to ensure a stable and high quality workforce and how the State plans to ensure a living wage for individuals furnishing home and community-based services and identify and address any additional workforce issues. A list of any home and community-based services provided under the State Medicaid plan (including any waiver of such plan) as of the date of enactment of this Act, including a breakdown of use of such services by demographics (as defined in section 2), compared to such services that are required under the amendments made by section 102, and a description of numerical goals to increase access to such services that have barriers to access for populations in need of such services. A description of how the State will incorporate existing State disability agencies into the new unified provision of home and community-based services and how such State will ensure that such services address all functional impairments. An explanation of how the State will ensure access to such services. A plan for carrying out outreach and education activities with respect to the availability of such services through Aging and Disability Resource Centers and other similar entities (such as entities receiving funds from the Administration for Community Living or the Substance Abuse and Mental Health Services Administration), including a program that ensures that an individual is not denied such services based on the fact that the individual contacts the wrong entity (commonly referred to as a No Wrong Door Program ). A plan for how such services will be coordinated with other relevant State agencies, such as housing, transportation, child welfare, food and income security, and employment agencies. A description of how the State will build capacity prior to the implementation of the requirement described in subsection
(a)to ensure that such services are available to every eligible individual under the Medicaid program and how the State will ensure that such services are provided in a setting that meets the requirements specified in paragraph
(1)of section 1905(jj) of the Social Security Act, as added by section 102. In the case of a State that utilizes an alternative benefit plan, a description of how the State will ensure that all individuals who are eligible individuals (as defined in such section) are appropriately identified as medically frail and exempted from such plan. How the State will coordinate eligibility for such services with other disability eligibility programs, such as disability buy-in programs. Data and milestone requirements to ensure community integration, including such requirements with respect to utilization of such services by demographics (as defined in section 2). Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— in paragraph (86), by striking and at the end; in paragraph (87), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: provide for the submission to the Secretary of an implementation plan described in section 104(c) of the HCBS Access Act for approval by the Secretary prior to the beginning of the first calendar quarter beginning on or after the date that is 5 years after the date of the enactment of this paragraph. . There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. In subsections
(a)through (c): The term home and community-based services has the meaning given such term in subsection
(jj)of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as added by section 102. The term State has the meaning given that term in section 1101(1) of the Social Security Act ( 42 U.S.C. 1301(1) ) for purposes of title XIX of such Act ( 42 U.S.C. 1396 et seq. ).
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Sec. 104
Home and community-based services implementation plan grant program
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