Sec. 801. HCBS improvement planning grants
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/bill/119/hr/7767/ih/section-801·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2027, out of any money in the Treasury not otherwise appropriated, $130,000,000, to remain available until expended, for carrying out this section. In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2027, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until expended, for purposes of issuing guidance and providing technical assistance to States intending to apply for, or which are awarded, a planning grant under this section, and for other administrative expenses related to awarding planning grants under this section.
From the amount appropriated under subsection (a)(1), the Secretary, not later than 12 months after the date of enactment of this Act, shall solicit State requests for HCBS improvement planning grants and award such grants to all States that meet such requirements as determined by the Secretary. Subject to paragraph (3), a State awarded a planning grant under this section shall use the grant to carry out planning activities for purposes of developing and submitting to the Secretary an HCBS improvement plan for the State that meets the requirements of subsection (c).
A State may use planning grant funds to support activities related to the implementation of the HCBS improvement plan for the State. None of the funds awarded to a State under this section may be used by a State as the source of the non-Federal share of expenditures under the State Medicaid program. The Secretary shall define the content requirements for an HCBS improvement plan, which, at minimum, shall include an assessment of access barriers to home and community-based services and the availability (as defined by the Secretary) of such services in the State, a description of Medicaid payment rates for such services, a description of the current workforce of direct care workers, the percentage of expenditures made by the State for long-term services and supports that are for home and community-based services, and a description of how the State will meet the requirements of the HCBS Improvement Program.
Not later than 24 months after the date on which a State is awarded a planning grant under this section, the State shall submit an HCBS improvement plan for approval by the Secretary, along with assurances by the State that the State will implement the plan in accordance with the requirements of the HCBS Improvement Program. The Secretary shall approve the HCBS improvement plan for a State after the plan and such assurances are submitted to the Secretary for approval and the Secretary determines the plan meets the requirements of this subsection.
A State may amend its HCBS improvement plan, subject to the approval of the Secretary that the plan as so amended meets the requirements of this subsection. In this part: The term direct care worker means, with respect to a State, any of the following individuals who are paid to provide directly to Medicaid eligible individuals home and community-based services available under the State Medicaid program: A registered nurse, licensed practical nurse, nurse practitioner, or clinical nurse specialist, or a licensed nursing assistant who provides such services under the supervision of a registered nurse, licensed practical nurse, nurse practitioner, or clinical nurse specialist.
A direct support professional. A personal care attendant. A home health aide. Any other paid health care professional or worker determined to be appropriate by the State and approved by the Secretary. The term HCBS Improvement Program means the program established under subsection
(ll)of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) (as added by section 802). The term HCBS Improvement Program State means a State that is awarded a planning grant under subsection
(b)and has an HCBS improvement plan approved by the Secretary under subsection (c)(2). The term home and community-based services means any of the following (whether provided on a fee-for-service, risk, or other basis): Home health care services authorized under paragraph
(7)of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). Private duty nursing services authorized under paragraph
(8)of such section, when such services are provided in a Medicaid eligible individual’s home. Personal care services authorized under paragraph
(24)of such section. PACE services authorized under paragraph
(26)of such section. Home and community-based services authorized under subsections (b), (c), (i), (j), and
(k)of section 1915 of such Act ( 42 U.S.C. 1396n ), authorized under a waiver under section 1115 of such Act ( 42 U.S.C. 1315 ), or provided through coverage authorized under section 1937 of such Act ( 42 U.S.C. 1396u–7 ). Case management services authorized under section 1905(a)(19) of the Social Security Act ( 42 U.S.C. 1396d(a)(19) ) and section 1915(g) of such Act ( 42 U.S.C. 1396n(g) ). Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). Such other services specified by the Secretary. The term Medicaid eligible individual means an individual who is eligible for and receiving medical assistance under a State Medicaid program. Such term includes an individual who is on a waiting list and who would become eligible for medical assistance and enrolled under a State Medicaid program upon receipt of home and community-based services. The term State Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 through 1396w–6) (including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title). The term Secretary means the Secretary of Health and Human Services. The term State means each of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
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- 42 USC 1396u–7
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Sec. 801
HCBS improvement planning grants
Cite42 USC 1396u–7
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