Page:United States Statutes at Large Volume 124.djvu/863

 124 STAT. 837 PUBLIC LAW 111–148—MAR. 23, 2010 scale established under the CLASS Independence Ben- efit Plan; ‘‘(ii) is a patient in a hospital (but only if the hospitalization is for long-term care), nursing facility, intermediate care facility for the mentally retarded, or an institution for mental diseases; and ‘‘(iii) is in the process of, or about to begin the process of, planning to discharge from the hospital, facility, or institution, or within 60 days from the date of discharge from the hospital, facility, or institution. ‘‘(D) APPEALS.—The Secretary shall establish proce- dures under which an applicant for benefits under the CLASS Independence Benefit Plan shall be guaranteed the right to appeal an adverse determination. ‘‘(b) BENEFITS.—An eligible beneficiary shall receive the fol- lowing benefits under the CLASS Independence Benefit Plan: ‘‘(1) CASH BENEFIT.—A cash benefit established by the Sec- retary in accordance with the requirements of section 3203(a)(1)(D) that— ‘‘(A) the first year in which beneficiaries receive the benefits under the plan, is not less than the average dollar amount specified in clause (i) of such section; and ‘‘(B) for any subsequent year, is not less than the average per day dollar limit applicable under this subpara- graph for the preceding year, increased by the percentage increase in the consumer price index for all urban con- sumers (U.S. city average) over the previous year. ‘‘(2) ADVOCACY SERVICES.—Advocacy services in accordance with subsection (d). ‘‘(3) ADVICE AND ASSISTANCE COUNSELING.—Advice and assistance counseling in accordance with subsection (e). ‘‘(4) ADMINISTRATIVE EXPENSES.—Advocacy services and advise and assistance counseling services under paragraphs (2) and (3) of this subsection shall be included as administrative expenses under section 3203(b)(3). ‘‘(c) PAYMENT OF BENEFITS.— ‘‘(1) LIFE INDEPENDENCE ACCOUNT.— ‘‘(A) IN GENERAL.—The Secretary shall establish proce- dures for administering the provision of benefits to eligible beneficiaries under the CLASS Independence Benefit Plan, including the payment of the cash benefit for the bene- ficiary into a Life Independence Account established by the Secretary on behalf of each eligible beneficiary. ‘‘(B) USE OF CASH BENEFITS.—Cash benefits paid into a Life Independence Account of an eligible beneficiary shall be used to purchase nonmedical services and supports that the beneficiary needs to maintain his or her independence at home or in another residential setting of their choice in the community, including (but not limited to) home modifications, assistive technology, accessible transpor- tation, homemaker services, respite care, personal assist- ance services, home care aides, and nursing support. Nothing in the preceding sentence shall prevent an eligible beneficiary from using cash benefits paid into a Life Independence Account for obtaining assistance with deci- sion making concerning medical care, including the right to accept or refuse medical or surgical treatment and the Procedures. Procedures. Deadline.