Page:United States Statutes at Large Volume 102 Part 4.djvu/110

 102 STAT. 3080

PUBLIC LAW 100-607—NOV. 4, 1988 "(B) being able to avoid long-term or repeated care as an inpatient or resident in a hospital, nursing facility, or other institution if home and community-based health services are provided to the individual. "(3) The term 'chronically dependent' means, with respect to an individual, that the individual has been certified by a physician as— "(A) being unable to perform, because of physical or cognitive impairment (without substantial assistance from another individual) arising from infection with the etiologic agent for acquired immune deficiency s3nidrome, at least 2 of the following activities of daily living: bathing, dressing, toileting, transferring, and eating, or "(B) having a similar level of disability due to cognitive impairment (as defined by the Secretary). "(d) HOME AND COMMUNITY-BASED HEALTH SERVICES DEFINED.—

For purposes of this part, the term 'home and community-based health services'— "(1) means, with respect to an el^ble individual, skilled health services furnished to the individual in the individual's home pursuant to a written plan of care established by a health care professional for the provision of such services and items and services described in paragraph (2); "(2)mcludes— "(A) durable medical equipment, "(B) homemaker/home health aide services and personal care services furnished in the individual's home, "(C) day treatment or other partial hospitalization services, "CD) home intravenous drug therapy (including prescription drugs administered intravenously as part of such therapv), and (E) routine diagnostic tests administered in the individual's home, furnished pursuant to such plan of care; but "(3) does not include, except as specifically provided in paragraph (2)— "(A) diagnostic tests, "(B) inpatient hospital services, "(C) nursing facility services, and "(D) prescription drugs. 42 USC 300dd-l.

"SEC. 2402. PROVISIONS WITH RESPECT TO CARRYING OUT PURPOSE OF GRANTS. "(a) REQUIRED USES OF FUNDS.—The Secretary may not make

payments under section 2401(a) unless the State involved agrees that the State will—^' "(1) provide for home and community-based health services for eligible individuals pursuant to written plans of care established by health care professionals for providing such services to such individuals; "(2) provide for the identification, location, and provision of outreach to eligible individuals; "(3) provide for coordinating the provision of services under this part with the provision of similar or related services by public and private entities; and

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