Sec. 106. Reports; technical assistance; other administrative requirements
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The Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Education and Labor of the House of Representatives, the Committee on Finance of the Senate, the Committee on Health, Education, Labor and Pensions of the Senate, and the Special Committee on Aging of the Senate the following reports relating to the HCBS implementation plan grant program established under section 104: Not later than 2 years after the date of enactment of this Act, a report that describes— State efforts to develop their HCBS implementation plans; and the funds awarded to States.
Not later than 4 years after the date of enactment of this Act, a report that includes the following: A description of the HCBS implementation plans approved by the Secretary under section 104. A description of the national landscape with respect to gaps in coverage of home and community-based services, disparities in access to, and utilization of, such services, and barriers to accessing such services. A description of the national landscape with respect to the direct care workforce that provides home and community-based services, including with respect to compensation, benefits, and challenges to the availability of such workers.
Not later than 7 years after the date of enactment of this Act, and every 3 years thereafter, a report that includes the following: The number of HCBS program improvement States and the funds awarded to States to develop their plans. A summary of the progress being made by such States with respect to strengthening and expanding access to home and community-based services and the direct care workforce that provides such services and meeting the benchmarks for demonstrating improvements required under section 1905(jj)(5) of the Social Security Act (as added by section 102).
A summary of outcomes related to home and community-based services core quality measures and beneficiary and family caregiver surveys. A summary of the challenges and best practices reported by States in expanding access to home and community-based services and supporting and expanding the direct care workforce that provides such services. The Secretary shall provide HCBS program improvement States with technical assistance related to carrying out the HCBS implementation plans approved by the Secretary under section 104 and meeting the requirements and benchmarks for demonstrating improvements required under section 1905(jj) of the Social Security Act (as added by section 102) and shall issue such guidance or regulations as necessary to carry out this title and the amendments made by this title, including guidance specifying how States shall assess and track the availability of home and community-based services over time.
Not later than 18 months after the date of enactment of this Act, the Secretary shall coordinate with the Secretary of Labor and the Administrator of the Centers for Medicare & Medicaid Services for purposes of issuing recommendations for the Federal Government and for States to strengthen the direct care workforce that provides home and community-based services, including with respect to how the Federal Government should classify the direct care workforce, how such Administrator and State Medicaid programs can enforce and support the provision of competitive wages and benefits across the direct care workforce, including for workers with particular skills or expertise, and how State Medicaid programs can support training opportunities and other related efforts that support the provision of quality home and community-based services care.
In developing the recommendations required under paragraph (1), the Secretary shall ensure that such recommendations are informed by consultation with 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. As part of the process of developing recommendations under subparagraph (A), the Secretary shall— hold at least 1 meeting for the purpose of developing such recommendations that is solely with current and potential recipients of home and community-based services and family caregivers of such recipients; and seek to achieve parity in terms of the level of participation in the development of such recommendations between— current and potential recipients of home and community-based services and family caregivers of such recipients; and other categories of stakeholder described in subparagraph (A).
Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of carrying out this section, $10,000,000 for fiscal year 2024, to remain available until expended.