Page:United States Statutes at Large Volume 124.djvu/327

 124 STAT. 301 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) CONSUMER CONTROLLED.—The term ‘consumer controlled’ means a method of selecting and providing serv- ices and supports that allow the individual, or where appro- priate, the individual’s representative, maximum control of the home and community-based attendant services and supports, regardless of who acts as the employer of record. ‘‘(C) DELIVERY MODELS.— ‘‘(i) AGENCY-PROVIDER MODEL.—The term ‘agency- provider model’ means, with respect to the provision of home and community-based attendant services and supports for an individual, subject to paragraph (4), a method of providing consumer controlled services and supports under which entities contract for the provision of such services and supports. ‘‘(ii) OTHER MODELS.—The term ‘other models’ means, subject to paragraph (4), methods, other than an agency-provider model, for the provision of con- sumer controlled services and supports. Such models may include the provision of vouchers, direct cash pay- ments, or use of a fiscal agent to assist in obtaining services. ‘‘(D) HEALTH-RELATED TASKS.—The term ‘health- related tasks’ means specific tasks related to the needs of an individual, which can be delegated or assigned by licensed health-care professionals under State law to be performed by an attendant. ‘‘(E) INDIVIDUAL’S REPRESENTATIVE.—The term ‘individ- ual’s representative’ means a parent, family member, guardian, advocate, or other authorized representative of an individual ‘‘(F) INSTRUMENTAL ACTIVITIES OF DAILY LIVING.—The term ‘instrumental activities of daily living’ includes (but is not limited to) meal planning and preparation, managing finances, shopping for food, clothing, and other essential items, performing essential household chores, commu- nicating by phone or other media, and traveling around and participating in the community.’’. SEC. 2402. REMOVAL OF BARRIERS TO PROVIDING HOME AND COMMU - NITY-BASED SERVICES. (a) OVERSIGHT AND ASSESSMENT OF THE ADMINISTRATION OF HOME AND COMMUNITY-BASED SERVICES.—The Secretary of Health and Human Services shall promulgate regulations to ensure that all States develop service systems that are designed to— (1) allocate resources for services in a manner that is responsive to the changing needs and choices of beneficiaries receiving non-institutionally-based long-term services and sup- ports (including such services and supports that are provided under programs other the State Medicaid program), and that provides strategies for beneficiaries receiving such services to maximize their independence, including through the use of client-employed providers; (2) provide the support and coordination needed for a bene- ficiary in need of such services (and their family caregivers or representative, if applicable) to design an individualized, self-directed, community-supported life; and Regulations. 42 USC 1396n note.