Page:United States Statutes at Large Volume 124.djvu/866

 124 STAT. 840 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(A) defer payment of their daily or weekly benefit and to rollover any such deferred benefits from month- to-month, but not from year-to-year; and ‘‘(B) receive a lump-sum payment of such deferred benefits in an amount that may not exceed the lesser of— ‘‘(i) the total amount of the accrued deferred bene- fits; or ‘‘(ii) the applicable annual benefit. ‘‘(5) PERIOD FOR DETERMINATION OF ANNUAL BENEFITS.— ‘‘(A) IN GENERAL.—The applicable period for deter- mining with respect to an eligible beneficiary the applicable annual benefit and the amount of any accrued deferred benefits is the 12-month period that commences with the first month in which the beneficiary began to receive such benefits, and each 12-month period thereafter. ‘‘(B) INCLUSION OF INCREASED BENEFITS.—The Sec- retary shall establish procedures under which cash benefits paid to an eligible beneficiary that increase or decrease as a result of a change in the functional status of the beneficiary before the end of a 12-month benefit period shall be included in the determination of the applicable annual benefit paid to the eligible beneficiary. ‘‘(C) RECOUPMENT OF UNPAID, ACCRUED BENEFITS.— ‘‘(i) IN GENERAL.—The Secretary, in coordination with the Secretary of the Treasury, shall recoup any accrued benefits in the event of— ‘‘(I) the death of a beneficiary; or ‘‘(II) the failure of a beneficiary to elect under paragraph (4)(B) to receive such benefits as a lump-sum payment before the end of the 12-month period in which such benefits accrued. ‘‘(ii) PAYMENT INTO CLASS INDEPENDENCE FUND.— Any benefits recouped in accordance with clause (i) shall be paid into the CLASS Independence Fund and used in accordance with section 3206. ‘‘(6) REQUIREMENT TO RECERTIFY ELIGIBILITY FOR RECEIPT OF BENEFITS.—An eligible beneficiary shall periodically, as determined by the Secretary— ‘‘(A) recertify by submission of medical evidence the beneficiary’s continued eligibility for receipt of benefits; and ‘‘(B) submit records of expenditures attributable to the aggregate cash benefit received by the beneficiary during the preceding year. ‘‘(7) SUPPLEMENT, NOT SUPPLANT OTHER HEALTH CARE BENE- FITS.—Subject to the Medicaid payment rules under paragraph (1)(D), benefits received by an eligible beneficiary shall supple- ment, but not supplant, other health care benefits for which the beneficiary is eligible under Medicaid or any other Federally funded program that provides health care benefits or assistance. ‘‘(d) ADVOCACY SERVICES.—An agreement entered into under subsection (a)(2)(A)(ii) shall require the Protection and Advocacy System for the State to— ‘‘(1) assign, as needed, an advocacy counselor to each eligible beneficiary that is covered by such agreement and who shall provide an eligible beneficiary with— Contracts.