Page:United States Statutes at Large Volume 120.djvu/133

 120 STAT. 102

42 USC 1396a note.

PUBLIC LAW 109–171—FEB. 8, 2006

(3) by striking ‘‘section or who are’’ and inserting ‘‘section), (bb) who are’’; and (4) by inserting before the comma at the end the following: ‘‘, or (cc) who are under 21 years of age and with respect to whom supplemental security income benefits would be paid under title XVI if subparagraphs (A) and (B) of section 1611(c)(7) were applied without regard to the phrase ‘the first day of the month following’ ’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after the date that is 1 year after the date of enactment of this Act. Subchapter B—Money Follows the Person Rebalancing Demonstration

Grants. 42 USC 1396a note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

SEC. 6071. MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION.

(a) PROGRAM PURPOSE AND AUTHORITY.—The Secretary is authorized to award, on a competitive basis, grants to States in accordance with this section for demonstration projects (each in this section referred to as an ‘‘MFP demonstration project’’) designed to achieve the following objectives with respect to institutional and home and community-based long-term care services under State Medicaid programs: (1) REBALANCING.—Increase the use of home and community-based, rather than institutional, long-term care services. (2) MONEY FOLLOWS THE PERSON.—Eliminate barriers or mechanisms, whether in the State law, the State Medicaid plan, the State budget, or otherwise, that prevent or restrict the flexible use of Medicaid funds to enable Medicaid-eligible individuals to receive support for appropriate and necessary long-term services in the settings of their choice. (3) CONTINUITY OF SERVICE.—Increase the ability of the State Medicaid program to assure continued provision of home and community-based long-term care services to eligible individuals who choose to transition from an institutional to a community setting. (4) QUALITY ASSURANCE AND QUALITY IMPROVEMENT.— Ensure that procedures are in place (at least comparable to those required under the qualified HCB program) to provide quality assurance for eligible individuals receiving Medicaid home and community-based long-term care services and to provide for continuous quality improvement in such services. (b) DEFINITIONS.—For purposes of this section: (1) HOME AND COMMUNITY-BASED LONG-TERM CARE SERVICES.—The term ‘‘home and community-based long-term care services’’ means, with respect to a State Medicaid program, home and community-based services (including home health and personal care services) that are provided under the State’s qualified HCB program or that could be provided under such a program but are otherwise provided under the Medicaid program. (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’ means, with respect to an MFP demonstration project of a State, an individual in the State—

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