Page:United States Statutes at Large Volume 124.djvu/330

 124 STAT. 304 PUBLIC LAW 111–148—MAR. 23, 2010 by inserting ‘‘1902(a)(10)(A)(ii)(XXII),’’ after ‘‘1902(a)(10)(A)(ii)(XXI),’’. (B) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as so amended, is amended in the matter pre- ceding paragraph (1)— (i) in clause (xv), by striking ‘‘or’’ at the end; (ii) in clause (xvi), by adding ‘‘or’’ at the end; and (iii) by inserting after clause (xvi) the following new clause: ‘‘(xvii) individuals who are eligible for home and commu- nity-based services under needs-based criteria established under paragraph (1)(A) of section 1915(i), or who are eligible for home and community-based services under paragraph (6) of such section, and who will receive home and community- based services pursuant to a State plan amendment under such subsection,’’. (e) ELIMINATION OF OPTION TO LIMIT NUMBER OF ELIGIBLE INDIVIDUALS OR LENGTH OF PERIOD FOR GRANDFATHERED INDIVID- UALS IF ELIGIBILITY CRITERIA IS MODIFIED.—Paragraph (1) of sec- tion 1915(i) of such Act (42 U.S.C. 1396n(i)) is amended— (1) by striking subparagraph (C) and inserting the fol- lowing: ‘‘(C) PROJECTION OF NUMBER OF INDIVIDUALS TO BE PROVIDED HOME AND COMMUNITY-BASED SERVICES.—The State submits to the Secretary, in such form and manner, and upon such frequency as the Secretary shall specify, the projected number of individuals to be provided home and community-based services.’’; and (2) in subclause (II) of subparagraph (D)(ii), by striking ‘‘to be eligible for such services for a period of at least 12 months beginning on the date the individual first received medical assistance for such services’’ and inserting ‘‘to continue to be eligible for such services after the effective date of the modification and until such time as the individual no longer meets the standard for receipt of such services under such pre-modified criteria’’. (f) ELIMINATION OF OPTION TO WAIVE STATEWIDENESS; ADDI- TION OF OPTION TO WAIVE COMPARABILITY.—Paragraph (3) of sec- tion 1915(i) of such Act (42 U.S.C. 1396n(3)) is amended by striking ‘‘1902(a)(1) (relating to statewideness)’’ and inserting ‘‘1902(a)(10)(B) (relating to comparability)’’. (g) EFFECTIVE DATE.—The amendments made by subsections (b) through (f) take effect on the first day of the first fiscal year quarter that begins after the date of enactment of this Act. SEC. 2403. MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRA- TION. (a) EXTENSION OF DEMONSTRATION.— (1) IN GENERAL.—Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended— (A) in paragraph (1)(E), by striking ‘‘fiscal year 2011’’ and inserting ‘‘each of fiscal years 2011 through 2016’’; and (B) in paragraph (2), by striking ‘‘2011’’ and inserting ‘‘2016’’. 42 USC 1396a note.