Page:United States Statutes at Large Volume 124.djvu/862

 124 STAT. 836 PUBLIC LAW 111–148—MAR. 23, 2010 the Fund to the extent prior estimates were in excess of, or were less than, actual amounts collected. ‘‘(g) OTHER ENROLLMENT AND DISENROLLMENT OPPORTUNI- TIES.—The Secretary, in coordination with the Secretary of the Treasury, shall establish procedures under which— ‘‘(1) an individual who, in the year of the individual’s initial eligibility to enroll in the CLASS program, has elected to waive enrollment in the program, is eligible to elect to enroll in the program, in such form and manner as the Secre- taries shall establish, only during an open enrollment period established by the Secretaries that is specific to the individual and that may not occur more frequently than biennially after the date on which the individual first elected to waive enroll- ment in the program; and ‘‘(2) an individual shall only be permitted to disenroll from the program (other than for nonpayment of premiums) during an annual disenrollment period established by the Secretaries and in such form and manner as the Secretaries shall establish. ‘‘SEC. 3205. BENEFITS. ‘‘(a) DETERMINATION OF ELIGIBILITY.— ‘‘(1) APPLICATION FOR RECEIPT OF BENEFITS.—The Secretary shall establish procedures under which an active enrollee shall apply for receipt of benefits under the CLASS Independence Benefit Plan. ‘‘(2) ELIGIBILITY ASSESSMENTS.— ‘‘(A) IN GENERAL.—Not later than January 1, 2012, the Secretary shall— ‘‘(i) establish an Eligibility Assessment System (other than a service with which the Commissioner of Social Security has entered into an agreement, with respect to any State, to make disability determinations for purposes of title II or XVI of the Social Security Act) to provide for eligibility assessments of active enrollees who apply for receipt of benefits; ‘‘(ii) enter into an agreement with the Protection and Advocacy System for each State to provide advocacy services in accordance with subsection (d); and ‘‘(iii) enter into an agreement with public and pri- vate entities to provide advice and assistance coun- seling in accordance with subsection (e). ‘‘(B) REGULATIONS.—The Secretary shall promulgate regulations to develop an expedited nationally equitable eligibility determination process, as certified by a licensed health care practitioner, an appeals process, and a redeter- mination process, as certified by a licensed health care practitioner, including whether an active enrollee is eligible for a cash benefit under the program and if so, the amount of the cash benefit (in accordance the sliding scale estab- lished under the plan). ‘‘(C) PRESUMPTIVE ELIGIBILITY FOR CERTAIN INSTITU- TIONALIZED ENROLLEES PLANNING TO DISCHARGE.—An active enrollee shall be deemed presumptively eligible if the enrollee— ‘‘(i) has applied for, and attests is eligible for, the maximum cash benefit available under the sliding Deadline. Contracts. 42 USC 300ll–4. Procedures.