Sec. 395. ESTABLISHMENT OF PROGRAM
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## SEC. 395 ESTABLISHMENT OF PROGRAM **[**280c**]** ###
(a)In General The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make not less than 5, and not more than 20, grants to States for the purpose of assisting grantees in carrying out demonstration projects— ####
(1)to identify low-income individuals who can avoid institutionalization or prolonged hospitalization if88 skilled nursing care services, homemaker or home health aide services, or personal care services are provided in the homes of the individuals; 88Section 2(f) of Public Law 102–108 (105 Stat. 550) provides as follows: ``(f) Public Health Service Act Technical Amendments.—Section 395. [280c](a)(1) after the word `if' insert the words `skilled medical services,'''. The text of such section 2(f) does not provide sufficient amendatory instructions to execute an amendment. The apparent intent of the Congress was to amend section 395(a)(1) of the Public Health Service Act (42 U.S.C. 280c(a)(1)). ####
(2)to pay the costs of the provision of such services in the homes of such individuals; and ####
(3)to coordinate the provision by public and private entities of such services, and other long-term care services, in the homes of such individuals. ###
(b)Requirement With Respect to Age of Recipients of Services The Secretary may not make a grant under subsection
(a)to a State unless the State agrees to ensure that— ####
(1)not less than 25 percent of the grant is expended to provide services under such subsection to individuals who are not less than 65 years of age; and ####
(2)of the portion of the grant reserved by the State for purposes of complying with paragraph (1), not less than 10 percent is expended to provide such services to individuals who are not less than 85 years of age. ###
(c)Relationship to Items and Services Under Other Programs A State may not make payments from a grant under subsection
(a)for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— ####
(1)under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ####
(2)by an entity that provides health services on a prepaid basis.
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U.S. Code
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- Pub. L. 102-108
- 105 Stat. 550
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