Sec. 401. Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic employees
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/bill/119/s/3396/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
(kk); and by adding at the end the following new subsection: Notwithstanding subsection
(b)and subsection (y), with respect to amounts expended by a State for medical assistance described in paragraph
(3)that is provided by a domestic employee (as such term is defined in section 3 of the Domestic Workers Bill of Rights Act ) during a fiscal quarter that occurs in the 20-quarter period beginning with the first fiscal quarter that begins on or after the date of enactment of this subsection, the Federal medical assistance percentage otherwise determined under subsection
(b)and subsection
(y)for the State and quarter shall, after the application of any other increase to the Federal medical assistance percentage for the State and quarter applicable under any other provision of law, be increased (not to exceed 100 percent) by the applicable number of percentage points determined for the State under paragraph (2). For purposes of paragraph (1), the Secretary shall determine the applicable number of percentage points for each State. In determining the applicable number of percentage points for a State under this subsection, the Secretary shall— estimate the increase in costs to the State of furnishing medical assistance described in paragraph
(3)that is provided by a domestic employee (as such term is defined in section 3 of the Domestic Workers Bill of Rights Act ) that is attributable to the requirements of such Act and the amendments made by such Act with respect to labor protections and benefits for domestic employees; and determine the appropriate number of percentage points by which to increase the Federal medical assistance percentage otherwise determined for the State under subsection
(b)or
(y)to ensure that such increase in costs does not result in the State reducing the level of medical assistance described in paragraph
(3)that is provided by domestic employees under the State plan (or a waiver of such plan). 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
(3)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. Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa that is subject to the Federal medical assistance percentage increase specified under paragraph
(1)shall not be taken into account for purposes of applying payment limits under subsections
(f)and
(g)of section 1108. .
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Sec. 401
Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic employees
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