Sec. 9817. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-BASED SERVICES DURING THE COVID-19 EMERGENCY

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## SEC. 9817 ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-BASED SERVICES DURING THE COVID-19 EMERGENCY **[**[42 U.S.C. 1396d note](/us/usc/t42/s1396d)**]** ###

(a)Increased FMAP ####

(1)In general Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or section 1905(ff), in the case of a State that meets the HCBS program requirements under subsection (b), the Federal medical assistance percentage determined for the State under section 1905(b) of such Act (or, if applicable, under section 1905(ff)) and, if applicable, increased under subsection (y), (z), (aa), or

(ii)of section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the Families First Coronavirus Response Act (Public Law 116-127), shall be increased by 10 percentage points with respect to expenditures of the State under the State Medicaid program for home and community-based services (as defined in paragraph (2)(B)) that are provided during the HCBS program improvement period (as defined in paragraph (2)(A)). In no case may the application of the previous sentence result in the Federal medical assistance percentage determined for a State being more than 95 percent with respect to such expenditures. 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 the first sentence of this paragraph shall not be taken into account for purposes of applying payment limits under subsections

(f)and

(g)of section 1108 of the Social Security Act (42 U.S.C. 1308). ####

(2)Definitions In this section: #####

(A)HCBS program improvement period The term “HCBS program improvement period” means, with respect to a State, the period— ######

(i)beginning on April 1, 2021; and ######

(ii)ending on March 31, 2022. #####

(B)Home and community-based services The term “home and community-based services” means any of the following: ######

(i)Home health care services authorized under paragraph

(7)of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). ######

(ii)Personal care services authorized under paragraph

(24)of such section. ######

(iii)PACE services authorized under paragraph

(26)of such section. ######

(iv)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), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u-7). ######

(v)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)). ######

(vi)Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). ######

(vii)Such other services specified by the Secretary of Health and Human Services. #####

(C)Eligible individual The term “eligible individual” means an individual who is eligible for and enrolled for medical assistance under a State Medicaid program and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list. #####

(D)Medicaid program The term “Medicaid program” means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title). #####

(E)State The term “State” has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ###

(b)State Requirements for FMAP Increase As conditions for receipt of the increase under subsection

(a)to the Federal medical assistance percentage determined for a State, the State shall meet each of the following requirements (referred to in subsection

(a)as the HCBS program requirements): ####

(1)Supplement, not supplant The State shall use the Federal funds attributable to the increase under subsection

(a)to supplement, and not supplant, the level of State funds expended for home and community-based services for eligible individuals through programs in effect as of April 1, 2021. ####

(2)Required implementation of certain activities The State shall implement, or supplement the implementation of, one or more activities to enhance, expand, or strengthen home and community-based services under the State Medicaid program.

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