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S. 2210, Better Care Better Jobs Act

Summary

Senate bill S. 2210 of the 117th Congress, 1st Session, was introduced June 24, 2021, to amend title XIX of the Social Security Act to expand access to home and community-based services (HCBS) under Medicaid. Casey introduced it with the cosponsors named in the heading, and it was referred to the Committee on Finance. The short title is the Better Care Better Jobs Act. Title I covers expanding access to Medicaid home and community-based services, including infrastructure improvement planning grants and an HCBS Infrastructure Improvement Program. Title II includes a MACPAC study on Appendix K emergency waivers and a permanent extension of the Money Follows the Person Rebalancing demonstration.

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Issuer
Congressional materials
Document type
Bills Bills 117S2210Is Bills 117S2210Is
Case
Bills Bills 117S2210Is Bills 117S2210Is

Cite this document

“S. 2210, Better Care Better Jobs Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2210is-bills-117s2210is/, SHA-256 9999fbff0d0d7b5c5a9ba3da37a17b23019af25d637bce5a9b4160c85b4d488e.

Full text

                                                                                                                                                                         II




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                              S. 2210
                                                                     To amend title XIX of the Social Security Act to expand access to home
                                                                         and community-based services (HCBS) under Medicaid, and for other
                                                                         purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                   JUNE 24, 2021
                                                                     Mr. CASEY (for himself, Mr. WYDEN, Mr. SCHUMER, Mrs. MURRAY, Ms.
                                                                         DUCKWORTH, Mr. BROWN, Ms. HASSAN, Mrs. GILLIBRAND, Mr. WHITE-
                                                                         HOUSE, Mr. DURBIN, Ms. BALDWIN, Mr. MARKEY, Mr. BLUMENTHAL,
                                                                         Ms. WARREN, Mr. REED, Mrs. SHAHEEN, Mr. VAN HOLLEN, Ms. SMITH,
                                                                         Mr. MERKLEY, Mr. BOOKER, Mr. LEAHY, Mr. PADILLA, Mr. SCHATZ,
                                                                         Ms. KLOBUCHAR, Mr. KAINE, Mr. BENNET, Mr. WARNOCK, Mr. SAND-
                                                                         ERS, Mr. PETERS, Mr. LUJÁN, Mr. HEINRICH, Ms. HIRONO, Ms. STABE-
                                                                         NOW, Mrs. FEINSTEIN, Ms. ROSEN, Mr. CARDIN, Mr. MURPHY, Ms.
                                                                         CANTWELL, Mr. MENENDEZ, and Mr. KING) introduced the following bill;
                                                                         which was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                     To amend title XIX of the Social Security Act to expand
                                                                        access to home and community-based services (HCBS)
                                                                        under Medicaid, and for other purposes.

                                                                        1               Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3        SECTION 1. SHORT TITLE; TABLE OF CONTENTS.




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                                                                        4               (a) SHORT TITLE.—This Act may be cited as the
                                                                        5 ‘‘Better Care Better Jobs Act’’.


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                                                                        1               (b) TABLE OF CONTENTS.—The table of contents for
                                                                        2 this Act is as follows:
                                                                                 Sec. 1. Short title; table of contents.
                                                                                 Sec. 2. Definitions.

                                                                                       TITLE I—EXPANDING ACCESS TO MEDICAID HOME AND
                                                                                                  COMMUNITY-BASED SERVICES

                                                                                 Sec. 101. HCBS infrastructure improvement planning grants.
                                                                                 Sec. 102. HCBS Infrastructure Improvement Program.
                                                                                 Sec. 103. Reports; technical assistance; other administrative requirements.
                                                                                 Sec. 104. Quality measurement and improvement.

                                                                                                            TITLE II—OTHER PROVISIONS

                                                                                 Sec. 201. MACPAC study and report on Appendix K emergency home and
                                                                                                community-based services (HCBS) 1915(c) waivers.
                                                                                 Sec. 202. Making permanent the State option to extend protection under Med-
                                                                                                icaid for recipients of home and community-based services
                                                                                                against spousal impoverishment.
                                                                                 Sec. 203. Permanent extension of Money Follows the Person Rebalancing dem-
                                                                                                onstration.

                                                                        3        SEC. 2. DEFINITIONS.

                                                                        4               In this Act:
                                                                        5                        (1)        APPROPRIATE                      COMMITTEES                  OF   CON-

                                                                        6               GRESS.—The term ‘‘appropriate committees of Con-

                                                                        7               gress’’ means the Committee on Energy and Com-
                                                                        8               merce of the House of Representatives, the Com-
                                                                        9               mittee on Education and Labor of the House of
                                                                     10                 Representatives, the Committee on Finance of the
                                                                     11                 Senate, the Committee on Health, Education, Labor
                                                                     12                 and Pensions of the Senate, and the Special Com-
                                                                     13                 mittee on Aging of the Senate.
                                                                     14                          (2) DIRECT                 CARE             WORKER;             DIRECT       CARE

                                                                     15                 WORKFORCE.—The terms ‘‘direct care worker’’ and




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                                                                     16                 ‘‘direct care workforce’’ mean—


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                                                                        1                                (A) a direct support professional;
                                                                        2                                (B) a personal care attendant;
                                                                        3                                (C) a direct care worker;
                                                                        4                                (D) a home health aide; and
                                                                        5                                (E) any other relevant worker, as deter-
                                                                        6                       mined by the Secretary.
                                                                        7                       (3) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
                                                                        8              individual’’ means an individual who is eligible for
                                                                        9              and enrolled for medical assistance under a State
                                                                     10                Medicaid program and includes an individual who
                                                                     11                becomes eligible for medical assistance under a State
                                                                     12                Medicaid program when removed from a waiting list.
                                                                     13                         (4) HEALTH PLAN.—The term ‘‘health plan’’
                                                                     14                means a group health plan or health insurance
                                                                     15                issuer (as such terms are defined in section 2791 of
                                                                     16                the Public Health Service Act (42 U.S.C. 300gg–
                                                                     17                91)).
                                                                     18                         (5) HCBS PROGRAM IMPROVEMENT STATE.—
                                                                     19                The term ‘‘HCBS program improvement State’’
                                                                     20                means a State with an HCBS infrastructure im-
                                                                     21                provement plan approved by the Secretary under
                                                                     22                section 101(d).
                                                                     23                         (6)       HOME            AND         COMMUNITY-BASED                   SERV-

                                                                     24                ICES.—The term ‘‘home and community-based serv-




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                                                                        1              ices’’ means any of the following (whether provided
                                                                        2              on a fee-for-service, risk, or other basis):
                                                                        3                                (A) Home health care services authorized
                                                                        4                       under paragraph (7) of section 1905(a) of the
                                                                        5                       Social Security Act (42 U.S.C. 1396d(a)).
                                                                        6                                (B) Personal care services authorized
                                                                        7                       under paragraph (24) of such section.
                                                                        8                                (C) PACE services authorized under para-
                                                                        9                       graph (26) of such section.
                                                                     10                                  (D) Home and community-based services
                                                                     11                         authorized under subsections (b), (c), (i), (j),
                                                                     12                         and (k) of section 1915 of such Act (42 U.S.C.
                                                                     13                         1396n), such services authorized under a waiver
                                                                     14                         under section 1115 of such Act (42 U.S.C.
                                                                     15                         1315), and such services provided through cov-
                                                                     16                         erage authorized under section 1937 of such
                                                                     17                         Act (42 U.S.C. 1396u–7).
                                                                     18                                  (E) Case management services authorized
                                                                     19                         under section 1905(a)(19) of the Social Secu-
                                                                     20                         rity Act (42 U.S.C. 1396d(a)(19)) and section
                                                                     21                         1915(g) of such Act (42 U.S.C. 1396n(g)).
                                                                     22                                  (F) Rehabilitative services, including those
                                                                     23                         related to behavioral health, described in section
                                                                     24                         1905(a)(13)                 of        such           Act         (42    U.S.C.



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                                                                     25                         1396d(a)(13)).


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                                                                        1                                (G) Such other services specified by the
                                                                        2                       Secretary.
                                                                        3                       (7) INSTITUTIONAL SETTING.—The term ‘‘insti-
                                                                        4              tutional setting’’ means—
                                                                        5                                (A) a skilled nursing facility (as defined in
                                                                        6                       section 1819(a) of the Social Security Act (42
                                                                        7                       U.S.C. 1395i–3(a)));
                                                                        8                                (B) a nursing facility (as defined in section
                                                                        9                       1919(a) of such Act (42 U.S.C. 1396r(a)));
                                                                     10                                  (C) a long-term care hospital (as described
                                                                     11                         in section 1886(d)(1)(B)(iv) of such Act (42
                                                                     12                         U.S.C. 1395ww(d)(1)(B)(iv)));
                                                                     13                                  (D) an institution (or distinct part thereof)
                                                                     14                         described in section 1905(d) of such Act (42
                                                                     15                         U.S.C. 1396d(d)));
                                                                     16                                  (E) an institution (or distinct part thereof)
                                                                     17                         which is a psychiatric hospital (as defined in
                                                                     18                         section 1861(f) of such Act (42 U.S.C.
                                                                     19                         1395x(f))) or that provides inpatient psychiatric
                                                                     20                         services in another residential setting specified
                                                                     21                         by the Secretary;
                                                                     22                                  (F) an institution (or distinct part thereof)
                                                                     23                         described in section 1905(i) of such Act (42
                                                                     24                         U.S.C. 1396d(i)); and



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                                                                        1                                 (G) any other relevant facility, as deter-
                                                                        2                       mined by the Secretary.
                                                                        3                       (8) MEDICAID PROGRAM.—The term ‘‘Medicaid
                                                                        4              program’’ means, with respect to a State, the State
                                                                        5              program under title XIX of the Social Security Act
                                                                        6              (42 U.S.C. 1396 et seq.) (including any waiver or
                                                                        7              demonstration under such title or under section
                                                                        8              1115 of such Act (42 U.S.C. 1315) relating to such
                                                                        9              title).
                                                                     10                         (9) SECRETARY.—The term ‘‘Secretary’’ means
                                                                     11                the Secretary of Health and Human Services.
                                                                     12                         (10) STATE.—The term ‘‘State’’ has the mean-
                                                                     13                ing given such term for purposes of title XIX of the
                                                                     14                Social Security Act (42 U.S.C. 1396 et seq.).
                                                                     15 TITLE I—EXPANDING ACCESS TO
                                                                     16    MEDICAID HOME AND COM-
                                                                     17    MUNITY-BASED SERVICES
                                                                     18          SEC. 101. HCBS INFRASTRUCTURE IMPROVEMENT PLAN-

                                                                     19                                  NING GRANTS.

                                                                     20                (a) IN GENERAL.—Not later than 12 months after
                                                                     21 the date of enactment of this Act, the Secretary shall
                                                                     22 award planning grants to States for the purpose of ex-
                                                                     23 panding access to home and community-based services and
                                                                     24 strengthening the direct care workforce that provides such



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                                                                     25 services by developing HCBS infrastructure improvement


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                                                                        1 plans that meet the requirements of subsections (b) and
                                                                        2 (c).
                                                                        3              (b) CONTENT REQUIREMENTS.—In order to meet the
                                                                        4 requirements of this subsection, an HCBS infrastructure
                                                                        5 improvement plan shall include, with respect to a State,
                                                                        6 the following:
                                                                        7                       (1) EXISTING MEDICAID HCBS LANDSCAPE.—
                                                                        8                                (A) ELIGIBILITY AND BENEFITS.—A de-
                                                                        9                       scription of—
                                                                     10                                          (i) the existing standards, pathways,
                                                                     11                                  and methodologies for eligibility for home
                                                                     12                                  and community-based services, including
                                                                     13                                  limits on assets and income;
                                                                     14                                          (ii) the home and community-based
                                                                     15                                  services available under the State Medicaid
                                                                     16                                  program; and
                                                                     17                                          (iii) utilization management standards
                                                                     18                                  for such services.
                                                                     19                                  (B) ACCESS.—An assessment of the extent
                                                                     20                         to which home and community-based services
                                                                     21                         are available to eligible individuals in the State,
                                                                     22                         including—
                                                                     23                                          (i) estimates of the number of eligible
                                                                     24                                  individuals who are on a waitlist for such



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                                                                     25                                  services;


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                                                                        1                                        (ii) estimates of the number of indi-
                                                                        2                                viduals who would be eligible individuals
                                                                        3                                but are not enrolled in the State Medicaid
                                                                        4                                program or on a waitlist for such services;
                                                                        5                                        (iii) a description of the home and
                                                                        6                                community-based services not available
                                                                        7                                under the State Medicaid program;
                                                                        8                                        (iv) a description of the populations
                                                                        9                                for which the State is unable to provide
                                                                     10                                  home and community-based services under
                                                                     11                                  the State Medicaid program that are pro-
                                                                     12                                  vided under the Medicaid programs of
                                                                     13                                  other States; and
                                                                     14                                          (v) a description of barriers to access-
                                                                     15                                  ing home and community-based services
                                                                     16                                  identified by eligible individuals and fami-
                                                                     17                                  lies of such individuals.
                                                                     18                                  (C) UTILIZATION.—An assessment of the
                                                                     19                         utilization of home and community-based serv-
                                                                     20                         ices in the State.
                                                                     21                                  (D) SERVICE DELIVERY STRUCTURES.—A
                                                                     22                         description of the service delivery structures for
                                                                     23                         providing home and community-based services
                                                                     24                         in the State, including with respect to the use



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                                                                     25                         and models of self-direction, the provision of


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                                                                        1                       services by agencies, the ownership of service
                                                                        2                       provider agencies, the use of managed care
                                                                        3                       versus fee-for-service to provide such services,
                                                                        4                       and the supports provided for family caregivers.
                                                                        5                                (E) WORKFORCE.—A description of the
                                                                        6                       characteristics of the direct care workforce that
                                                                        7                       provides home and community-based services,
                                                                        8                       including the number of full- and part-time di-
                                                                        9                       rect care workers, the average and range of di-
                                                                     10                         rect care worker wages, the benefits provided to
                                                                     11                         direct care workers, the turnover and vacancy
                                                                     12                         rates of direct care worker positions, the mem-
                                                                     13                         bership of direct care workers in labor organiza-
                                                                     14                         tions or professional organizations, and the
                                                                     15                         race, ethnicity, and gender of such workforce.
                                                                     16                                  (F) PAYMENT RATES.—A description of
                                                                     17                         the payment rates for home and community-
                                                                     18                         based services, including when such rates were
                                                                     19                         last updated, an assessment of the extent to
                                                                     20                         which authorized services are not delivered as a
                                                                     21                         result of such rates being insufficient, and the
                                                                     22                         extent to which payment rates are passed
                                                                     23                         through to direct care worker wages.
                                                                     24                                  (G) QUALITY.—A description of how the



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                                                                     25                         quality of home and community-based services


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                                                                        1                       is measured and monitored, including how the
                                                                        2                       State uses beneficiary and family caregiver ex-
                                                                        3                       perience of care surveys to assess the quality of
                                                                        4                       home and community-based services provided
                                                                        5                       by the State.
                                                                        6                                (H) LONG-TERM SERVICES AND SUPPORTS
                                                                        7                       PROVIDED IN INSTITUTIONAL SETTINGS.—A de-

                                                                        8                       scription of—
                                                                        9                                        (i) the extent to which eligible individ-
                                                                     10                                  uals receive long-term services and sup-
                                                                     11                                  ports in institutional settings in the State;
                                                                     12                                  and
                                                                     13                                          (ii) the populations provided such
                                                                     14                                  services and supports.
                                                                     15                                  (I) HCBS SHARE OF OVERALL MEDICAID
                                                                     16                         LTSS SPENDING.—For                            the most recent fiscal
                                                                     17                         year for which data is available, the percentage
                                                                     18                         of expenditures made by the State under the
                                                                     19                         State Medicaid program for long-term services
                                                                     20                         and supports that are for home and community-
                                                                     21                         based services.
                                                                     22                                  (J) DEMOGRAPHIC                         DATA.—Each             assess-
                                                                     23                         ment required under subparagraphs (B) and
                                                                     24                         (C), and the description required under sub-



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                                                                     25                         paragraph (H)(ii) shall include, to the extent


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                                                                        1                       available, data disaggregated by disability sta-
                                                                        2                       tus, age, income, gender, race, ethnicity, geog-
                                                                        3                       raphy, primary language, sexual orientation,
                                                                        4                       gender identity, and type of service setting.
                                                                        5                       (2) ANNUAL MEASURES AND REPORTS.—A de-
                                                                        6              scription of the State plan for—
                                                                        7                                (A) annually measuring and reporting
                                                                        8                       on—
                                                                        9                                        (i) the availability and utilization of
                                                                     10                                  home and community-based services;
                                                                     11                                          (ii) the characteristics of the direct
                                                                     12                                  care workforce that provides home and
                                                                     13                                  community-based services and the race,
                                                                     14                                  ethnicity, and gender of such workforce;
                                                                     15                                          (iii) changes in payment rates for
                                                                     16                                  home and community-based services; and
                                                                     17                                          (iv) progress with respect to imple-
                                                                     18                                  mentation of the activities, benchmarks,
                                                                     19                                  and improvement activities provided under
                                                                     20                                  subsection (jj) of section 1905 of the So-
                                                                     21                                  cial Security Act (as added under section
                                                                     22                                  102); and
                                                                     23                                  (B) collecting and reporting disaggregated
                                                                     24                         data by disability status, age, income, gender,



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                                                                     25                         race, ethnicity, geography, primary language,


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                                                                        1                       sexual orientation, gender identity, and type of
                                                                        2                       service setting for the information required by
                                                                        3                       clause (i) of subparagraph (A).
                                                                        4                       (3) IMPLEMENTATION AND GOALS FOR HCBS
                                                                        5              IMPROVEMENTS.—A                          description of how the State
                                                                        6              will—
                                                                        7                                (A) conduct the activities, benchmarks,
                                                                        8                       and improvement activities provided under sub-
                                                                        9                       section (jj) of section 1905 of the Social Secu-
                                                                     10                         rity Act (as added under section 102), including
                                                                     11                         how the State plans to meet the benchmarks
                                                                     12                         described in paragraph (5) of such subsection
                                                                     13                         and, if applicable, the additional HCBS im-
                                                                     14                         provement efforts described in paragraph (3) of
                                                                     15                         such subsection;
                                                                     16                                  (B) identify and reduce barriers to access-
                                                                     17                         ing home and community-based services, includ-
                                                                     18                         ing for individuals in institutional settings, indi-
                                                                     19                         viduals experiencing homelessness or housing
                                                                     20                         instability, and individuals in regions with low
                                                                     21                         or no access to such services;
                                                                     22                                  (C) identify and reduce disparities in ac-
                                                                     23                         cess to, and utilization of, home and commu-
                                                                     24                         nity-based services by disability status, age, in-



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                                                                     25                         come, gender, race, ethnicity, geography, pri-


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                                                                        1                        mary language, sexual orientation, gender iden-
                                                                        2                        tity, and type of service setting;
                                                                        3                                 (D) coordinate implementation of the
                                                                        4                        HCBS infrastructure improvement plan among
                                                                        5                        the State Medicaid agency, agencies serving in-
                                                                        6                        dividuals with disabilities, the elderly, and other
                                                                        7                        relevant State and local agencies; and
                                                                        8                                 (E) facilitate access to related supports by
                                                                        9                        coordinating with State and local agencies and
                                                                     10                          organizations that provide housing, transpor-
                                                                     11                          tation, employment, nutrition, and other serv-
                                                                     12                          ices and supports.
                                                                     13                 (c) DEVELOPMENT                           AND        SUBMISSION REQUIRE-
                                                                     14          MENTS.—In order to meet the requirements of this sub-

                                                                     15 section, an HCBS infrastructure improvement plan
                                                                     16 shall—
                                                                     17                          (1) be developed with input from stakeholders
                                                                     18                 through a public notice and comment process that
                                                                     19                 includes consultation with eligible individuals who
                                                                     20                 are recipients of home and community-based serv-
                                                                     21                 ices, family caregivers of such recipients, providers,
                                                                     22                 health plans, direct care workers, chosen representa-
                                                                     23                 tives of direct care workers, and aging, disability,
                                                                     24                 and workforce advocates;



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                                                                        1                       (2) be submitted for approval by the Secretary
                                                                        2              not later than 24 months after the date on which
                                                                        3              the State was awarded the planning grant under this
                                                                        4              section; and
                                                                        5                       (3) be publicly available in the final version
                                                                        6              submitted to the Secretary on a State Internet
                                                                        7              website.
                                                                        8              (d) APPROVAL; PUBLICATION.—
                                                                        9                       (1) IN GENERAL.—The Secretary shall approve
                                                                     10                an HCBS infrastructure improvement plan if the
                                                                     11                plan—
                                                                     12                                  (A) is complete; and
                                                                     13                                  (B) provides assurances to the satisfaction
                                                                     14                         of the Secretary that the State will meet the re-
                                                                     15                         quirements of the HCBS Infrastructure Im-
                                                                     16                         provement Program established under sub-
                                                                     17                         section (jj) of section 1905 of the Social Secu-
                                                                     18                         rity Act (42 U.S.C. 1396d), as added by section
                                                                     19                         102, and achieve the benchmarks for improve-
                                                                     20                         ment established by such program.
                                                                     21                         (2)        PUBLICATION.—The                           Secretary,        acting
                                                                     22                through the Administrator of the Centers for Medi-
                                                                     23                care & Medicaid Services, shall make publicly avail-
                                                                     24                able on an Internet website—



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                                                                        1                                (A) the final version of each approved
                                                                        2                       HCBS infrastructure improvement plan; and
                                                                        3                                (B) in the case of any HCBS infrastruc-
                                                                        4                       ture improvement plan submitted for approval
                                                                        5                       that is not approved—
                                                                        6                                        (i) the submitted plan;
                                                                        7                                        (ii) the decision not approving such
                                                                        8                                plan; and
                                                                        9                                        (iii) information relating to why the
                                                                     10                                  plan was not approved.
                                                                     11                (e) CONTINUATION OF AMERICAN RESCUE PLAN ACT
                                                                     12 INCREASED FMAP FOR HCBS FOR STATES AWARDED A
                                                                     13 PLANNING GRANT.—
                                                                     14                         (1) FMAP.—
                                                                     15                                  (A) IN GENERAL.—Notwithstanding sub-
                                                                     16                         sections (b) or (ff) of section 1905 of the Social
                                                                     17                         Security Act (42 U.S.C. 1396d), subject to sub-
                                                                     18                         paragraph (C), in the case of a State that is
                                                                     19                         awarded a planning grant under this section
                                                                     20                         and meets the maintenance of effort require-
                                                                     21                         ments under paragraph (2), the Federal med-
                                                                     22                         ical assistance percentage determined for the
                                                                     23                         State under such subsection (b) (or such sub-
                                                                     24                         section (ff), if applicable) and, if applicable, as



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                                                                     25                         increased under subsection (y), (z), (aa), or (ii)


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                                                                        1                       of such section, section 1915(k) of such Act (42
                                                                        2                       U.S.C. 1396n(k)), or section 6008 of the Fami-
                                                                        3                       lies First Coronavirus Response Act (Public
                                                                        4                       Law 116–127), shall be increased by 10 per-
                                                                        5                       centage points (but not to exceed 95 percent)
                                                                        6                       with respect to amounts expended by the State
                                                                        7                       Medicaid program for medical assistance for
                                                                        8                       home and community-based services that are
                                                                        9                       provided during HCBS planning period (as de-
                                                                     10                         fined in subparagraph (B)).
                                                                     11                                  (B) HCBS                 PLANNING PERIOD.—In                   this
                                                                     12                         paragraph, the term ‘‘HCBS planning period’’
                                                                     13                         means, with respect to a State, the period—
                                                                     14                                          (i) beginning on the date on which the
                                                                     15                                  State is awarded a planning grant under
                                                                     16                                  this section; and
                                                                     17                                          (ii) ending on the earlier of—
                                                                     18                                                   (I) the first day of the first fiscal
                                                                     19                                          quarter for which the State is an
                                                                     20                                          HCBS program improvement State;
                                                                     21                                          and
                                                                     22                                                   (II) the date that is 3 years after
                                                                     23                                          the date on which the State is award-
                                                                     24                                          ed such a grant.



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                                                                        1                                (C) RULE OF APPLICATION IN CASE OF
                                                                        2                       OVERLAP WITH PERIOD FOR AMERICAN RESCUE

                                                                        3                       PLAN INCREASE.—If the HCBS planning period

                                                                        4                       for a State begins during the HCBS program
                                                                        5                       improvement period (as defined under sub-
                                                                        6                       section (a)(2)(A) of section 9817 of the Amer-
                                                                        7                       ican Rescue Plan Act (Public Law 117–2)), and
                                                                        8                       the State meets the HCBS program require-
                                                                        9                       ments under subsection (b) of such section, the
                                                                     10                         increase in the Federal medical assistance per-
                                                                     11                         centage that would otherwise apply to the State
                                                                     12                         under subparagraph (A) of this paragraph shall
                                                                     13                         not apply during any portion of the HCBS pro-
                                                                     14                         gram improvement period (as defined under
                                                                     15                         subsection (a)(2)(A) of section 9817 of the
                                                                     16                         American Rescue Plan Act (Public Law 117–
                                                                     17                         2)) for which the State receives an increase in
                                                                     18                         the Federal medical assistance percentage in
                                                                     19                         accordance with that section.
                                                                     20                                  (D) NONAPPLICATION                             OF       TERRITORIAL

                                                                     21                         FUNDING CAPS.—Any payment made to Puerto

                                                                     22                         Rico, the Virgin Islands, Guam, the Northern
                                                                     23                         Mariana Islands, or American Samoa for ex-
                                                                     24                         penditures on medical assistance that are sub-



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                                                                     25                         ject to the Federal medical assistance percent-


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                                                                        1                       age increase specified under subparagraph (A)
                                                                        2                       shall not be taken into account for purposes of
                                                                        3                       applying payment limits under subsections (f)
                                                                        4                       and (g) of section 1108 of the Social Security
                                                                        5                       Act (42 U.S.C. 1308).
                                                                        6                       (2)       MAINTENANCE                       OF      EFFORT              REQUIRE-

                                                                        7              MENTS.—For purposes of paragraph (1)(A), the re-

                                                                        8              quirements of this paragraph are, with respect to
                                                                        9              the period for which a State is awarded a planning
                                                                     10                grant under this section, the State shall not—
                                                                     11                                  (A) lower the amount, duration, or scope
                                                                     12                         of home and community-based services available
                                                                     13                         under the State Medicaid program (relative to
                                                                     14                         the services available under the program as of
                                                                     15                         the date on which the State was awarded such
                                                                     16                         grant); or
                                                                     17                                  (B) adopt more restrictive standards,
                                                                     18                         methodologies, or procedures for determining
                                                                     19                         eligibility, benefits, or services for receipt of
                                                                     20                         home and community-based services under the
                                                                     21                         State Medicaid program, including with respect
                                                                     22                         to utilization management or cost-sharing, than
                                                                     23                         the standards, methodologies, or procedures ap-
                                                                     24                         plicable as of the date on which the State was



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                                                                     25                         awarded such grant.


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                                                                        1               (f) FUNDING.—
                                                                        2                        (1) IN GENERAL.—Out of any funds in the
                                                                        3               Treasury not otherwise appropriated, there is appro-
                                                                        4               priated to the Secretary for purposes of awarding
                                                                        5               planning grants under this section, $100,000,000
                                                                        6               for fiscal year 2022, to remain available until ex-
                                                                        7               pended.
                                                                        8                        (2) TECHNICAL ASSISTANCE AND GUIDANCE.—
                                                                        9               The Secretary shall reserve $5,000,000 of the
                                                                     10                 amount appropriated under paragraph (1) for pur-
                                                                     11                 poses of issuing guidance and providing technical as-
                                                                     12                 sistance to States seeking or awarded a planning
                                                                     13                 grant under this section.
                                                                     14          SEC. 102. HCBS INFRASTRUCTURE IMPROVEMENT PRO-

                                                                     15                                   GRAM.

                                                                     16                 (a) ENHANCED FMAP FOR HCBS PROGRAM IM-
                                                                     17          PROVEMENT STATES.—Section 1905 of the Social Secu-

                                                                     18 rity Act (42 U.S.C. 1396d) is amended—
                                                                     19                          (1) in subsection (b), by striking ‘‘and (ii)’’ and
                                                                     20                 inserting ‘‘(ii), and (jj)’’; and
                                                                     21                          (2) by adding at the end the following new sub-
                                                                     22                 section:
                                                                     23                 ‘‘(jj) ENHANCED FEDERAL MEDICAL ASSISTANCE
                                                                     24 PERCENTAGE                          FOR         HCBS PROGRAM IMPROVEMENT



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                                                                     25 STATES.—


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                                                                        1                       ‘‘(1) IN GENERAL.—
                                                                        2                                ‘‘(A)        INCREASED                 FEDERAL                 FINANCIAL

                                                                        3                       PARTICIPATION.—Subject to paragraph (5), in

                                                                        4                       the case of a State that is an HCBS program
                                                                        5                       improvement State and meets the requirements
                                                                        6                       described in paragraphs (2) and (4), for each
                                                                        7                       fiscal year quarter that begins on or after the
                                                                        8                       first date on which a State is an HCBS pro-
                                                                        9                       gram improvement State—
                                                                     10                                          ‘‘(i) notwithstanding subsection (b) or
                                                                     11                                  (ff), subject to subparagraph (B), with re-
                                                                     12                                  spect to amounts expended during the
                                                                     13                                  quarter by such State for medical assist-
                                                                     14                                  ance for home and community-based serv-
                                                                     15                                  ices, the Federal medical assistance per-
                                                                     16                                  centage for such State and quarter (as de-
                                                                     17                                  termined for the State under subsection
                                                                     18                                  (b) and, if applicable, increased under sub-
                                                                     19                                  section (y), (z), (aa), or (ii), or section
                                                                     20                                  6008(a) of the Families First Coronavirus
                                                                     21                                  Response Act) shall be increased by 10
                                                                     22                                  percentage points (but not to exceed 95
                                                                     23                                  percent); and
                                                                     24                                          ‘‘(ii) notwithstanding the per centum



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                                                                     25                                  specified in section 1903(a)(7), with re-


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                                                                        1                                spect to amounts expended during the
                                                                        2                                quarter and before October 1, 2031, for
                                                                        3                                administrative costs for expanding and en-
                                                                        4                                hancing home and community-based serv-
                                                                        5                                ices, including for enhancing the Medicaid
                                                                        6                                data and technology infrastructure, modi-
                                                                        7                                fying rate setting processes, adopting,
                                                                        8                                using, and reporting quality measures and
                                                                        9                                beneficiary and family caregiver experience
                                                                     10                                  surveys, adopting or improving training
                                                                     11                                  programs for direct care workers and fam-
                                                                     12                                  ily caregivers, and adopting, carrying out,
                                                                     13                                  or enhancing programs that register quali-
                                                                     14                                  fied direct care workers or connect bene-
                                                                     15                                  ficiaries to qualified direct care workers,
                                                                     16                                  such per centum shall be increased to 80
                                                                     17                                  percent.
                                                                     18                                  ‘‘(B) ADDITIONAL                        HCBS           IMPROVEMENT

                                                                     19                         EFFORTS.—Subject to paragraph (5), in addi-

                                                                     20                         tion to the increase to the Federal medical as-
                                                                     21                         sistance percentage under subparagraph (A)(i),
                                                                     22                         with respect to amounts expended for medical
                                                                     23                         assistance during the first 4 fiscal quarters
                                                                     24                         throughout which an HCBS program improve-



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                                                                     25                         ment State has implemented a program to sup-


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                                                                        1                       port self-directed care that meets the require-
                                                                        2                       ments of paragraph (3) (in addition to meeting
                                                                        3                       the requirements described in paragraph (2)),
                                                                        4                       the Federal medical assistance percentage for
                                                                        5                       such State and each such quarter with respect
                                                                        6                       to such amounts shall be further increased by
                                                                        7                       2 percentage points (but not to exceed 95 per-
                                                                        8                       cent).
                                                                        9                                ‘‘(C) NONAPPLICATION                            OF TERRITORIAL

                                                                     10                         FUNDING CAPS.—Any payment made to Puerto

                                                                     11                         Rico, the Virgin Islands, Guam, the Northern
                                                                     12                         Mariana Islands, or American Samoa for ex-
                                                                     13                         penditures that are subject to an increase in the
                                                                     14                         Federal medical assistance percentage under
                                                                     15                         subparagraph (A)(i) or (B), or an increase in
                                                                     16                         an applicable Federal matching percentage
                                                                     17                         under subparagraph (A)(ii), shall not be taken
                                                                     18                         into account for purposes of applying payment
                                                                     19                         limits under subsections (f) and (g) of section
                                                                     20                         1108.
                                                                     21                         ‘‘(2) REQUIREMENTS.—The requirements de-
                                                                     22                scribed in this paragraph, with respect to a State
                                                                     23                and a fiscal year quarter, are the following:
                                                                     24                                  ‘‘(A) MAINTENANCE OF EFFORT.—



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                                                                        1                                        ‘‘(i) IN            GENERAL.—Except                       as pro-
                                                                        2                                vided under clause (ii), the State does
                                                                        3                                not—
                                                                        4                                                 ‘‘(I) lower the amount, duration,
                                                                        5                                        or scope of home and community-
                                                                        6                                        based services available under the
                                                                        7                                        State plan or waiver (relative to the
                                                                        8                                        home and community-based services
                                                                        9                                        available under the plan or waiver as
                                                                     10                                          of the date on which the State was
                                                                     11                                          awarded a planning grant under sec-
                                                                     12                                          tion 101 of the Better Care Better
                                                                     13                                          Jobs Act); or
                                                                     14                                                   ‘‘(II)            adopt         more           restrictive
                                                                     15                                          standards, methodologies, or proce-
                                                                     16                                          dures for determining eligibility, bene-
                                                                     17                                          fits, or services for receipt of home
                                                                     18                                          and community-based services, includ-
                                                                     19                                          ing with respect to utilization manage-
                                                                     20                                          ment or cost-sharing and the amount,
                                                                     21                                          duration, and scope of available home
                                                                     22                                          and community-based services, than
                                                                     23                                          the standards, methodologies, or pro-
                                                                     24                                          cedures applicable as of such date.



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                                                                        1                                        ‘‘(ii) EXCEPTION.—On or after Octo-
                                                                        2                                ber 1, 2028, a State may modify such
                                                                        3                                standards, methodologies, or procedures if
                                                                        4                                the State demonstrates that such modifica-
                                                                        5                                tions shall not result in—
                                                                        6                                                 ‘‘(I) home and community-based
                                                                        7                                        services that are less comprehensive
                                                                        8                                        or lower in amount, duration, or
                                                                        9                                        scope;
                                                                     10                                                   ‘‘(II) fewer individuals (overall
                                                                     11                                          and within particular beneficiary pop-
                                                                     12                                          ulations) receiving home and commu-
                                                                     13                                          nity-based services; or
                                                                     14                                                   ‘‘(III) increased cost-sharing for
                                                                     15                                          home and community-based services.
                                                                     16                                  ‘‘(B) ACCESS                 TO SERVICES.—The                  State
                                                                     17                         enhances, expands, or strengthens home and
                                                                     18                         community-based services by doing all of the
                                                                     19                         following:
                                                                     20                                          ‘‘(i) Addressing access barriers and
                                                                     21                                  disparities in access or utilization identified
                                                                     22                                  in the State HCBS infrastructure improve-
                                                                     23                                  ment plan.




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                                                                        1                                        ‘‘(ii) Expanding financial eligibility
                                                                        2                                criteria for home and community-based
                                                                        3                                services up to Federal limits.
                                                                        4                                        ‘‘(iii) Requiring coverage of personal
                                                                        5                                care services for all eligible populations re-
                                                                        6                                ceiving home and community-based serv-
                                                                        7                                ices in the State.
                                                                        8                                        ‘‘(iv) Using ‘no wrong door’ programs,
                                                                        9                                providing presumptive eligibility for home
                                                                     10                                  and community-based services, and improv-
                                                                     11                                  ing home and community-based services
                                                                     12                                  counseling and education programs.
                                                                     13                                          ‘‘(v) Expanding access to behavioral
                                                                     14                                  health services and coordination with em-
                                                                     15                                  ployment, housing, and transportation sup-
                                                                     16                                  ports.
                                                                     17                                          ‘‘(vi) Providing supports to family
                                                                     18                                  caregivers, which shall include providing
                                                                     19                                  respite care, and may include providing
                                                                     20                                  such services as caregiver assessments,
                                                                     21                                  peer supports, or paid family caregiving.
                                                                     22                                          ‘‘(vii) Adopting, expanding eligibility
                                                                     23                                  for, or improving coverage provided under
                                                                     24                                  a Medicaid buy-in program authorized



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                                                                        1                                under subclause (XIII), (XV), or (XVI) of
                                                                        2                                section 1902(a)(10)(A)(ii).
                                                                        3                                ‘‘(C)        STRENGTHENED                       AND            EXPANDED

                                                                        4                       WORKFORCE.—

                                                                        5                                        ‘‘(i)          IN          GENERAL.—The                    State
                                                                        6                                strengthens and expands the direct care
                                                                        7                                workforce that provides home and commu-
                                                                        8                                nity-based services by—
                                                                        9                                                 ‘‘(I) adopting processes to ensure
                                                                     10                                          that payments for home and commu-
                                                                     11                                          nity-based services are sufficient to
                                                                     12                                          ensure that care and services are
                                                                     13                                          available to the extent described in the
                                                                     14                                          State HCBS infrastructure improve-
                                                                     15                                          ment plan; and
                                                                     16                                                   ‘‘(II) updating, developing, and
                                                                     17                                          adopting qualification standards and
                                                                     18                                          training opportunities for the con-
                                                                     19                                          tinuum of providers of home and com-
                                                                     20                                          munity-based services, including pro-
                                                                     21                                          grams for independent providers of
                                                                     22                                          such services and agency direct care
                                                                     23                                          workers, as well as unique programs
                                                                     24                                          and resources for family caregivers.



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                                                                        1                                        ‘‘(ii) PAYMENT RATES.—In carrying
                                                                        2                                out clause (i)(I), the State shall—
                                                                        3                                                 ‘‘(I) address insufficient payment
                                                                        4                                        rates for delivery of home and com-
                                                                        5                                        munity-based services, with an empha-
                                                                        6                                        sis on supporting the recruitment and
                                                                        7                                        retention of the direct care workforce,
                                                                        8                                        as identified during the period in
                                                                        9                                        which the State HCBS infrastructure
                                                                     10                                          improvement plan was developed and
                                                                     11                                          during subsequent years;
                                                                     12                                                   ‘‘(II) update payment rates for
                                                                     13                                          home and community-based services
                                                                     14                                          at least every 2 years through a trans-
                                                                     15                                          parent process involving meaningful
                                                                     16                                          input from stakeholders, including re-
                                                                     17                                          cipients of home and community-
                                                                     18                                          based services, family caregivers of
                                                                     19                                          such           recipients,            providers,       health
                                                                     20                                          plans, direct care workers, chosen rep-
                                                                     21                                          resentatives of direct care workers,
                                                                     22                                          and aging, disability, and workforce
                                                                     23                                          advocates; and




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                                                                        1                                                 ‘‘(III) ensure that increases in
                                                                        2                                        the payment rates for home and com-
                                                                        3                                        munity-based services are—
                                                                        4                                                            ‘‘(aa) at a minimum, propor-
                                                                        5                                                 tionately passed through to direct
                                                                        6                                                 care workers and in a manner
                                                                        7                                                 that is determined with input
                                                                        8                                                 from the stakeholders described
                                                                        9                                                 in subclause (II); and
                                                                     10                                                              ‘‘(bb) incorporated into pay-
                                                                     11                                                   ment rates for home and commu-
                                                                     12                                                   nity-based                 services           provided
                                                                     13                                                   under this title by a managed
                                                                     14                                                   care entity (as defined in section
                                                                     15                                                   1932(a)(1)(B)) or a prepaid in-
                                                                     16                                                   patient health plan or prepaid
                                                                     17                                                   ambulatory health plan, as de-
                                                                     18                                                   fined in section 438.2 of title 42,
                                                                     19                                                   Code of Federal Regulations (or
                                                                     20                                                   any successor regulation)), under
                                                                     21                                                   a contract with the State.
                                                                     22                         ‘‘(3) HCBS IMPROVEMENT TO SUPPORT SELF-
                                                                     23                DIRECTED MODELS FOR THE DELIVERY OF SERV-

                                                                     24                ICES.—For              purposes of paragraph (1)(B), the re-



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                                                                     25                quirements of this paragraph, with respect to a


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                                                                        1              State and a fiscal year quarter, are that the State
                                                                        2              establishes directly or by contract with 1 or more
                                                                        3              non-profit entities, a program for the performance of
                                                                        4              all of the following functions:
                                                                        5                                ‘‘(A) Registering qualified direct care
                                                                        6                       workers and assisting beneficiaries in finding
                                                                        7                       direct care workers.
                                                                        8                                ‘‘(B) Undertaking activities to recruit and
                                                                        9                       train independent providers to enable bene-
                                                                     10                         ficiaries to direct their own care, including by
                                                                     11                         providing or coordinating training for bene-
                                                                     12                         ficiaries on self-directed care.
                                                                     13                                  ‘‘(C) Ensuring the safety of, and sup-
                                                                     14                         porting the quality of, care provided to bene-
                                                                     15                         ficiaries, such as by conducting background
                                                                     16                         checks and addressing complaints reported by
                                                                     17                         recipients of home and community-based serv-
                                                                     18                         ices.
                                                                     19                                  ‘‘(D) Facilitating coordination between
                                                                     20                         State and local agencies and direct care workers
                                                                     21                         for matters of public health, training opportuni-
                                                                     22                         ties, changes in program requirements, work-
                                                                     23                         place health and safety, or related matters.
                                                                     24                                  ‘‘(E) Supporting beneficiary hiring of inde-



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                                                                        1                       based services through an agency with choice or
                                                                        2                       similar model, including by processing applica-
                                                                        3                       ble tax information, collecting and processing
                                                                        4                       timesheets, submitting claims and processing
                                                                        5                       payments to such providers.
                                                                        6                                ‘‘(F) To the extent a State permits bene-
                                                                        7                       ficiaries to hire a family member or individual
                                                                        8                       with whom they have an existing relationship to
                                                                        9                       provide home and community-based services,
                                                                     10                         providing support to beneficiaries who wish to
                                                                     11                         hire a caregiver who is a family member or in-
                                                                     12                         dividual with whom they have an existing rela-
                                                                     13                         tionship, such as by facilitating enrollment of
                                                                     14                         such family member or individual as a provider
                                                                     15                         of home and community-based services under
                                                                     16                         the State plan or a waiver of such plan.
                                                                     17                                  ‘‘(G) Ensuring that program policies and
                                                                     18                         procedures allow for cooperation with labor or-
                                                                     19                         ganizations that bargain on behalf of direct
                                                                     20                         care workers in the case of a State in which the
                                                                     21                         direct care workers in the State have elected to
                                                                     22                         join, or form, such a labor organization, or, in
                                                                     23                         the case of a State in which such workers have
                                                                     24                         not joined or formed such a labor organization,



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                                                                        1                       are neutral with regard to such workers joining
                                                                        2                       or forming such a labor organization.
                                                                        3                       ‘‘(4) QUALITY, REPORTING, AND OVERSIGHT.—
                                                                        4              The requirements described in this paragraph, with
                                                                        5              respect to a State and a fiscal year quarter, are the
                                                                        6              following:
                                                                        7                                ‘‘(A) The State adopts the core quality
                                                                        8                       measures for home and community-based serv-
                                                                        9                       ices developed by the Secretary under section
                                                                     10                         104 of the Better Care Better Jobs Act, or an
                                                                     11                         alternate set of quality measures approved by
                                                                     12                         the Secretary, and, at the option of the State,
                                                                     13                         expands the use of beneficiary and family care-
                                                                     14                         giver experience surveys.
                                                                     15                                  ‘‘(B) The State designates an HCBS om-
                                                                     16                         budsman office that—
                                                                     17                                          ‘‘(i) operates independently from the
                                                                     18                                  State Medicaid agency and managed care
                                                                     19                                  entities;
                                                                     20                                          ‘‘(ii) provides direct assistance to
                                                                     21                                  beneficiaries and their families; and
                                                                     22                                          ‘‘(iii) identifies and reports systemic
                                                                     23                                  problems to State officials, the public, and
                                                                     24                                  the Secretary.



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                                                                        1                                ‘‘(C) Beginning with the 5th fiscal year
                                                                        2                       quarter for which the State is an HCBS pro-
                                                                        3                       gram improvement State, and annually there-
                                                                        4                       after, the State reports on the components of
                                                                        5                       the existing home and community-based serv-
                                                                        6                       ices landscape reported in the State HCBS in-
                                                                        7                       frastructure improvement plan, including with
                                                                        8                       respect to—
                                                                        9                                        ‘‘(i) the availability and utilization of
                                                                     10                                  home           and          community-based                    services,
                                                                     11                                  disaggregated by disability status, age, in-
                                                                     12                                  come, gender, race, ethnicity, geography,
                                                                     13                                  primary language, sexual orientation, gen-
                                                                     14                                  der identity, and type of service setting;
                                                                     15                                          ‘‘(ii) the characteristics of the direct
                                                                     16                                  care workforce that provides home and
                                                                     17                                  community-based services workforce and
                                                                     18                                  the race, ethnicity, and gender of such
                                                                     19                                  workforce;
                                                                     20                                          ‘‘(iii) changes in payment rates for
                                                                     21                                  home and community-based services;
                                                                     22                                          ‘‘(iv) implementation of the activities
                                                                     23                                  to strengthen and expand access to home
                                                                     24                                  and community-based services and the di-



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                                                                        1                                services in accordance with the require-
                                                                        2                                ments of subparagraphs (B) and (C) of
                                                                        3                                paragraph (2);
                                                                        4                                        ‘‘(v) if applicable, implementation of
                                                                        5                                the activities described in paragraph (3);
                                                                        6                                and
                                                                        7                                        ‘‘(vi) the progress made with respect
                                                                        8                                to meeting the benchmarks for dem-
                                                                        9                                onstrating improvements required in para-
                                                                     10                                  graph (5).
                                                                     11                         ‘‘(5) BENCHMARKS FOR DEMONSTRATING IM-
                                                                     12                PROVEMENTS.—An                           HCBS program improvement
                                                                     13                State shall cease to be eligible for an increase in the
                                                                     14                Federal medical assistance percentage under para-
                                                                     15                graph (1)(A)(i) or (1)(B) or an increase in an appli-
                                                                     16                cable Federal matching percentage under paragraph
                                                                     17                (1)(A)(ii) beginning with the 29th fiscal year quar-
                                                                     18                ter that begins on or after the first date on which
                                                                     19                a State is an HCBS program improvement State,
                                                                     20                unless, not later than 90 days before the first day
                                                                     21                of such fiscal year quarter, the State submits to the
                                                                     22                Secretary a report demonstrating the following im-
                                                                     23                provements:
                                                                     24                                  ‘‘(A) Increased availability of home and



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                                                                        1                       to such availability as reported in the State
                                                                        2                       HCBS infrastructure improvement plan and ad-
                                                                        3                       justed for demographic changes in the State
                                                                        4                       since the submission of such plan.
                                                                        5                                ‘‘(B) Increased utilization and availability
                                                                        6                       of home and community-based services by popu-
                                                                        7                       lations with the lowest utilization and avail-
                                                                        8                       ability of such services (as reported in the State
                                                                        9                       HCBS infrastructure improvement plan) rel-
                                                                     10                         ative to the utilization of such services by such
                                                                     11                         populations as reported in such plan and ad-
                                                                     12                         justed for demographic changes in the State
                                                                     13                         since the submission of such plan.
                                                                     14                                  ‘‘(C) Evidence that a majority of direct
                                                                     15                         care workers receive competitive wages and ben-
                                                                     16                         efits.
                                                                     17                                  ‘‘(D) With respect to the percentage of ex-
                                                                     18                         penditures made by the State for long-term
                                                                     19                         services and supports that are for home and
                                                                     20                         community-based services, in the case of an
                                                                     21                         HCBS program improvement State for which
                                                                     22                         such percentage (as reported in the State
                                                                     23                         HCBS infrastructure improvement plan) was—
                                                                     24                                          ‘‘(i) less than 50 percent, the State



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                                                                        1                                  expenditures has increased to at least 50
                                                                        2                                  percent since the plan was approved; and
                                                                        3                                         ‘‘(ii) at least 50 percent, the State
                                                                        4                                  demonstrates that such percentage has not
                                                                        5                                  decreased since the plan was approved.
                                                                        6                        ‘‘(6) DEFINITIONS.—In this subsection, the
                                                                        7               terms ‘direct care worker’, ‘direct care workforce’,
                                                                        8               ‘HCBS program improvement State’, and ‘home and
                                                                        9               community-based services’ have the meanings given
                                                                     10                 those terms in section 2 of the Better Care Better
                                                                     11                 Jobs Act.’’.
                                                                     12          SEC. 103. REPORTS; TECHNICAL ASSISTANCE; OTHER AD-

                                                                     13                                   MINISTRATIVE REQUIREMENTS.

                                                                     14                 (a) REPORTS.—The Secretary shall submit to the ap-
                                                                     15 propriate committees of Congress the following reports re-
                                                                     16 lating to the HCBS Infrastructure Improvement Program
                                                                     17 established under this title:
                                                                     18                          (1) INITIAL REPORT.—Not later than 4 years
                                                                     19                 after the date of enactment of this Act, a report that
                                                                     20                 includes the following:
                                                                     21                                    (A) A description of the HCBS infrastruc-
                                                                     22                          ture improvement plans approved by the Sec-
                                                                     23                          retary under section 101(d).
                                                                     24                                    (B) A description of the national landscape



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                                                                                                                                36
                                                                        1                       community-based services, disparities in access
                                                                        2                       to, and utilization of, such services, and bar-
                                                                        3                       riers to accessing such services.
                                                                        4                                (C) A description of the national landscape
                                                                        5                       with respect to the direct care workforce that
                                                                        6                       provides home and community-based services,
                                                                        7                       including with respect to compensation, bene-
                                                                        8                       fits, and challenges to the availability of such
                                                                        9                       workers.
                                                                     10                         (2) SUBSEQUENT REPORTS.—Not later than 7
                                                                     11                years after the date of enactment of this Act, and
                                                                     12                every 3 years thereafter, a report that includes the
                                                                     13                following:
                                                                     14                                  (A) The number of HCBS program im-
                                                                     15                         provement States.
                                                                     16                                  (B) A summary of the progress being
                                                                     17                         made by such States with respect to strength-
                                                                     18                         ening and expanding access to home and com-
                                                                     19                         munity-based services and the direct care work-
                                                                     20                         force that provides such services and meeting
                                                                     21                         the benchmarks for demonstrating improve-
                                                                     22                         ments required under section 1905(jj)(5) of the
                                                                     23                         Social Security Act (as added by section 102).
                                                                     24                                  (C) A summary of outcomes related to



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                                                                        1                        ity measures and beneficiary and family care-
                                                                        2                        giver surveys.
                                                                        3                                 (D) A summary of the challenges and best
                                                                        4                        practices reported by States in expanding ac-
                                                                        5                        cess to home and community-based services and
                                                                        6                        supporting and expanding the direct care work-
                                                                        7                        force that provides such services.
                                                                        8               (b) TECHNICAL ASSISTANCE; GUIDANCE; REGULA-
                                                                        9        TIONS.—The Secretary shall provide HCBS program im-

                                                                     10 provement States with technical assistance related to car-
                                                                     11 rying out the HCBS infrastructure improvement plans ap-
                                                                     12 proved by the Secretary under section 101(d) and meeting
                                                                     13 the requirements and benchmarks for demonstrating im-
                                                                     14 provements required under section 1905(jj) of the Social
                                                                     15 Security Act (as added by section 102) and shall issue
                                                                     16 such guidance or regulations as necessary to carry out this
                                                                     17 title and the amendments made by this title, including
                                                                     18 guidance specifying how States shall assess and track the
                                                                     19 availability of home and community-based services over
                                                                     20 time.
                                                                     21                 (c) RECOMMENDATIONS TO GUIDE INFRASTRUC-
                                                                     22          TURE IMPROVEMENT.—

                                                                     23                          (1) IN GENERAL.—Not later than 18 months
                                                                     24                 after the date of enactment of this Act, the Sec-



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                                                                     25                 retary shall coordinate with the Secretary of Labor


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                                                                                                                                38
                                                                        1              and the Administrator of the Centers for Medicare
                                                                        2              & Medicaid Services for purposes of issuing rec-
                                                                        3              ommendations for the Federal Government and for
                                                                        4              States to strengthen the direct care workforce that
                                                                        5              provides home and community-based services, in-
                                                                        6              cluding with respect to how the Federal Government
                                                                        7              should classify the direct care workforce, how such
                                                                        8              Administrator and State Medicaid programs can en-
                                                                        9              force and support the provision of competitive wages
                                                                     10                and benefits across the direct care workforce, includ-
                                                                     11                ing for workers with particular skills or expertise,
                                                                     12                and how State Medicaid programs can support
                                                                     13                training opportunities and other related efforts that
                                                                     14                support the provision of quality home and commu-
                                                                     15                nity-based services care.
                                                                     16                         (2) STAKEHOLDER CONSULTATION.—In devel-
                                                                     17                oping the recommendations required under para-
                                                                     18                graph (1), the Secretary shall ensure that such rec-
                                                                     19                ommendations are informed by consultation with re-
                                                                     20                cipients of home and community-based services, fam-
                                                                     21                ily caregivers of such recipients, providers, health
                                                                     22                plans, direct care workers, chosen representatives of
                                                                     23                direct care workers, and aging, disability, and work-
                                                                     24                force advocates.



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                                                                                                                                39
                                                                        1              (d) FUNDING.—Out of any funds in the Treasury not
                                                                        2 otherwise appropriated, there is appropriated to the Sec-
                                                                        3 retary for purposes of carrying out this section,
                                                                        4 $10,000,000 for fiscal year 2022, to remain available until
                                                                        5 expended.
                                                                        6        SEC. 104. QUALITY MEASUREMENT AND IMPROVEMENT.

                                                                        7              (a) DEVELOPMENT AND PUBLICATION OF CORE AND
                                                                        8 SUPPLEMENTAL SETS OF HCBS QUALITY MEASURES.—
                                                                        9                       (1) IN GENERAL.—Not later than 2 years after
                                                                     10                the date of enactment of this Act, the Secretary
                                                                     11                shall identify and publish for general comment a rec-
                                                                     12                ommended core set and supplemental set of home
                                                                     13                and community-based services quality measures for
                                                                     14                use by State Medicaid programs, health plan and
                                                                     15                managed care entities that enter into contracts with
                                                                     16                such programs, and providers of items and services
                                                                     17                under such programs.
                                                                     18                         (2) REGULAR REVIEWS AND UPDATES.—The
                                                                     19                Secretary shall review and update the recommended
                                                                     20                core set and supplemental set of home and commu-
                                                                     21                nity-based services quality measures published under
                                                                     22                paragraph (1) not less frequently than once every
                                                                     23                year.
                                                                     24                         (3) REQUIREMENTS.—



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                                                                        1                                (A)           INTERAGENCY                        COLLABORATION;

                                                                        2                       STAKEHOLDER INPUT.—In                                developing the rec-
                                                                        3                       ommended core set and supplemental set of
                                                                        4                       home and community-based services quality
                                                                        5                       measures under paragraph (1), and subse-
                                                                        6                       quently reviewing and updating such core and
                                                                        7                       supplemental sets, the Secretary shall—
                                                                        8                                        (i) collaborate with the Administrator
                                                                        9                                of the Centers for Medicare & Medicaid
                                                                     10                                  Services, the Administrator of the Admin-
                                                                     11                                  istration for Community Living, the Direc-
                                                                     12                                  tor of the Agency for Healthcare Research
                                                                     13                                  and Quality, and the Administrator of the
                                                                     14                                  Substance Abuse and Mental Health Serv-
                                                                     15                                  ices Administration; and
                                                                     16                                          (ii) ensure that such core and supple-
                                                                     17                                  mental sets are informed by input from
                                                                     18                                  stakeholders, including recipients of home
                                                                     19                                  and community-based services, family care-
                                                                     20                                  givers of such recipients, providers, health
                                                                     21                                  plans, direct care workers, chosen rep-
                                                                     22                                  resentatives of direct care workers, and
                                                                     23                                  aging, disability, and workforce advocates.
                                                                     24                                  (B) REFLECTIVE                        OF      FULL             ARRAY   OF




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                                                                     25                         SERVICES.—Such                       recommended core set and


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                                                                                                                                41
                                                                        1                       supplemental set of home and community-based
                                                                        2                       services quality measures shall—
                                                                        3                                        (i) reflect the full array of home and
                                                                        4                                community-based services and recipients of
                                                                        5                                such services, including adults and chil-
                                                                        6                                dren; and
                                                                        7                                        (ii) include—
                                                                        8                                                 (I) outcomes-based measures;
                                                                        9                                                 (II) measures of availability of
                                                                     10                                          services;
                                                                     11                                                   (III) measures of provider capac-
                                                                     12                                          ity and availability;
                                                                     13                                                   (IV) measures related to person-
                                                                     14                                          centered care;
                                                                     15                                                   (V) measures specific to self-di-
                                                                     16                                          rected care;
                                                                     17                                                   (VI) measures related to transi-
                                                                     18                                          tions to and from institutional care;
                                                                     19                                          and
                                                                     20                                                   (VII) beneficiary and family care-
                                                                     21                                          giver surveys.
                                                                     22                                  (C) DEMOGRAPHICS.—Such recommended
                                                                     23                         core set and supplemental set of home and com-
                                                                     24                         munity-based services quality measures shall



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                                                                                                                                42
                                                                        1                       gated by disability status, age, income, gender,
                                                                        2                       race, ethnicity, geography, primary language,
                                                                        3                       sexual orientation, gender identity, and type of
                                                                        4                       service setting.
                                                                        5                       (4) FUNDING.—Out of any funds in the Treas-
                                                                        6              ury not otherwise appropriated, there is appro-
                                                                        7              priated to the Secretary for purposes of carrying out
                                                                        8              this subsection, $5,000,000 for fiscal year 2022, to
                                                                        9              remain available until expended.
                                                                     10                (b) STATE ADOPTION AND REPORTS.—
                                                                     11                         (1) IN GENERAL.—Not later than 2 years after
                                                                     12                the date on which the Secretary publishes the rec-
                                                                     13                ommended core set and supplemental set of home
                                                                     14                and community-based services quality measures
                                                                     15                under subsection (a)(1), and annually thereafter,
                                                                     16                each State Medicaid program shall use such core
                                                                     17                and supplemental sets (or an alternative set of qual-
                                                                     18                ity measures approved by the Secretary) to report
                                                                     19                information to the Secretary regarding the quality of
                                                                     20                home and community-based services provided under
                                                                     21                such program.
                                                                     22                         (2) PROCESS.—The information required under
                                                                     23                paragraph (1) shall be reported using a standardized
                                                                     24                format and procedures established by the Secretary.



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                                                                     25                Such procedures shall allow a State Medicaid pro-


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                                                                                                                                43
                                                                        1              gram to report such information separately or as
                                                                        2              part of the annual reports required under sections
                                                                        3              1139A(c) and 1139B(d) of the Social Security Act
                                                                        4              (42 U.S.C. 1320b–9a, 1320b–9b).
                                                                        5                       (3) PUBLICATION                      OF QUALITY MEASURES.—

                                                                        6              Each State Medicaid program shall periodically
                                                                        7              make the information reported to the Secretary
                                                                        8              under paragraph (1) available to the public.
                                                                        9                       (4) INCREASED FEDERAL MATCHING RATE FOR
                                                                     10                ADOPTION AND REPORTING.—Section 1903(a)(3) of

                                                                     11                the Social Security Act (42 U.S.C. 1396b(a)(3)) is
                                                                     12                amended—
                                                                     13                                  (A) in subparagraph (F)(ii), by striking
                                                                     14                         ‘‘plus’’ after the semicolon and inserting ‘‘and’’;
                                                                     15                         and
                                                                     16                                  (B) by inserting after subparagraph (F),
                                                                     17                         the following:
                                                                     18                                  ‘‘(G) 80 percent of so much of the sums
                                                                     19                         expended during such quarter as are attrib-
                                                                     20                         utable to the reporting of information regarding
                                                                     21                         the quality of home and community-based serv-
                                                                     22                         ices in accordance with section 104(b) of the
                                                                     23                         Better Care Better Jobs Act; and’’.




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                                                                                                                                44
                                                                        1          TITLE II—OTHER PROVISIONS
                                                                        2        SEC. 201. MACPAC STUDY AND REPORT ON APPENDIX K

                                                                        3                                EMERGENCY HOME AND COMMUNITY-BASED

                                                                        4                                SERVICES (HCBS) 1915(C) WAIVERS.

                                                                        5              (a) IN GENERAL.—The Medicaid and CHIP Payment
                                                                        6 and Access Commission (referred to in this section as
                                                                        7 ‘‘MACPAC’’) shall conduct a study and submit to Con-
                                                                        8 gress a report on the accelerated changes and emergency
                                                                        9 amendments to home and community-based services waiv-
                                                                     10 ers under section 1915(c) of the Social Security Act (42
                                                                     11 U.S.C. 1396n(c)) approved for States during the COVID–
                                                                     12 19 pandemic using the Appendix K template issued by the
                                                                     13 Centers for Medicare & Medicaid Services on March 22,
                                                                     14 2020.
                                                                     15                (b) REPORT.—The report submitted under subsection
                                                                     16 (a) shall—
                                                                     17                         (1) describe the specific types of flexibilities or
                                                                     18                other program changes adopted by States using the
                                                                     19                Appendix K template;
                                                                     20                         (2) evaluate the efficiency, management, and
                                                                     21                success and failures of such flexibilities and program
                                                                     22                changes; and
                                                                     23                         (3) include recommendations for legislative and
                                                                     24                administrative actions to continue specific flexibili-



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                                                                     25                ties, program changes, and innovative service deliv-


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                                                                                                                                 45
                                                                        1               ery models that increase access to care in home and
                                                                        2               community settings.
                                                                        3        SEC. 202. MAKING PERMANENT THE STATE OPTION TO EX-

                                                                        4                                 TEND PROTECTION UNDER MEDICAID FOR

                                                                        5                                 RECIPIENTS              OF     HOME           AND        COMMUNITY-

                                                                        6                                 BASED SERVICES AGAINST SPOUSAL IMPOV-

                                                                        7                                 ERISHMENT.

                                                                        8               (a) IN GENERAL.—Section 1924(h)(1)(A) of the So-
                                                                        9 cial Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amend-
                                                                     10 ed                 by         striking              ‘‘is         described                 in    section
                                                                     11 1902(a)(10)(A)(ii)(VI)’’ and inserting the following: ‘‘is
                                                                     12 eligible for medical assistance for home and community-
                                                                     13 based services provided under subsection (c), (d), or (i)
                                                                     14 of section 1915, under a waiver approved under section
                                                                     15 1115, or who is eligible for such medical assistance by rea-
                                                                     16 son                of      being          determined                 eligible            under   section
                                                                     17 1902(a)(10)(C) or by reason of section 1902(f) or other-
                                                                     18 wise on the basis of a reduction of income based on costs
                                                                     19 incurred for medical or other remedial care, or who is eligi-
                                                                     20 ble for medical assistance for home and community-based
                                                                     21 attendant services and supports under section 1915(k)’’.
                                                                     22                 (b) CONFORMING AMENDMENT.—Section 2404 of the
                                                                     23 Patient Protection and Affordable Care Act (42 U.S.C.
                                                                     24 1396r–5 note) is amended by striking ‘‘September 30,



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                                                                                                                                46
                                                                        1 2023’’ and inserting ‘‘the date of enactment of the Better
                                                                        2 Care Better Jobs Act’’.
                                                                        3        SEC. 203. PERMANENT EXTENSION OF MONEY FOLLOWS

                                                                        4                                THE     PERSON              REBALANCING                  DEMONSTRA-

                                                                        5                                TION.

                                                                        6              (a) IN GENERAL.—Subsection (h) of section 6071 of
                                                                        7 the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note)
                                                                        8 is amended—
                                                                        9                       (1) in paragraph (1)—
                                                                     10                                   (A) in subparagraph (I), by inserting
                                                                     11                         ‘‘and’’ after the semicolon;
                                                                     12                                   (B) by amending subparagraph (J) to read
                                                                     13                         as follows:
                                                                     14                                   ‘‘(G) $450,000,000 for each fiscal year
                                                                     15                         after fiscal year 2021.’’; and
                                                                     16                                   (C) by striking subparagraph (K); and
                                                                     17                         (2) in paragraph (2), by striking ‘‘September
                                                                     18                30, 2023’’ and inserting ‘‘September 30 of such fis-
                                                                     19                cal year’’.
                                                                     20                (b) REDISTRIBUTION                            OF       UNEXPENDED GRANT
                                                                     21 AWARDS.—Subsection (e)(2) of section 6071 of the Deficit
                                                                     22 Reduction Act of 2005 (42 U.S.C. 1396a note) is amended
                                                                     23 by adding at the end the following new sentence: ‘‘Any
                                                                     24 portion of a State grant award for a fiscal year under this



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                                                                     25 section that is unexpended by the State at the end of the


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                                                                                                                                47
                                                                        1 fourth succeeding fiscal year shall be rescinded by the Sec-
                                                                        2 retary and added to the appropriation for the fifth suc-
                                                                        3 ceeding fiscal year.’’.
                                                                                                                                Æ




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