Page:United States Statutes at Large Volume 124.djvu/328

 124 STAT. 302 PUBLIC LAW 111–148—MAR. 23, 2010 (3) improve coordination among, and the regulation of, all providers of such services under federally and State-funded programs in order to— (A) achieve a more consistent administration of policies and procedures across programs in relation to the provision of such services; and (B) oversee and monitor all service system functions to assure— (i) coordination of, and effectiveness of, eligibility determinations and individual assessments; (ii) development and service monitoring of a com- plaint system, a management system, a system to qualify and monitor providers, and systems for role- setting and individual budget determinations; and (iii) an adequate number of qualified direct care workers to provide self-directed personal assistance services. (b) ADDITIONAL STATE OPTIONS.—Section 1915(i) of the Social Security Act (42 U.S.C. 1396n(i)) is amended by adding at the end the following new paragraphs: ‘‘(6) STATE OPTION TO PROVIDE HOME AND COMMUNITY-BASED SERVICES TO INDIVIDUALS ELIGIBLE FOR SERVICES UNDER A WAIVER.— ‘‘(A) IN GENERAL.—A State that provides home and community-based services in accordance with this sub- section to individuals who satisfy the needs-based criteria for the receipt of such services established under paragraph (1)(A) may, in addition to continuing to provide such serv- ices to such individuals, elect to provide home and commu- nity-based services in accordance with the requirements of this paragraph to individuals who are eligible for home and community-based services under a waiver approved for the State under subsection (c), (d), or (e) or under section 1115 to provide such services, but only for those individuals whose income does not exceed 300 percent of the supplemental security income benefit rate established by section 1611(b)(1). ‘‘(B) APPLICATION OF SAME REQUIREMENTS FOR INDIVID- UALS SATISFYING NEEDS-BASED CRITERIA.—Subject to subparagraph (C), a State shall provide home and commu- nity-based services to individuals under this paragraph in the same manner and subject to the same requirements as apply under the other paragraphs of this subsection to the provision of home and community-based services to individuals who satisfy the needs-based criteria estab- lished under paragraph (1)(A). ‘‘(C) AUTHORITY TO OFFER DIFFERENT TYPE, AMOUNT, DURATION, OR SCOPE OF HOME AND COMMUNITY-BASED SERV- ICES.—A State may offer home and community-based serv- ices to individuals under this paragraph that differ in type, amount, duration, or scope from the home and community-based services offered for individuals who sat- isfy the needs-based criteria established under paragraph (1)(A), so long as such services are within the scope of services described in paragraph (4)(B) of subsection (c) for which the Secretary has the authority to approve a waiver and do not include room or board.