Page:United States Statutes at Large Volume 124.djvu/867

 124 STAT. 841 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(A) information regarding how to access the appeals process established for the program; ‘‘(B) assistance with respect to the annual recertifi- cation and notification required under subsection (c)(6); and ‘‘(C) such other assistance with obtaining services as the Secretary, by regulation, shall require; and ‘‘(2) ensure that the System and such counselors comply with the requirements of subsection (h). ‘‘(e) ADVICE AND ASSISTANCE COUNSELING.—An agreement entered into under subsection (a)(2)(A)(iii) shall require the entity to assign, as requested by an eligible beneficiary that is covered by such agreement, an advice and assistance counselor who shall provide an eligible beneficiary with information regarding— ‘‘(1) accessing and coordinating long-term services and sup- ports in the most integrated setting; ‘‘(2) possible eligibility for other benefits and services; ‘‘(3) development of a service and support plan; ‘‘(4) information about programs established under the Assistive Technology Act of 1998 and the services offered under such programs; ‘‘(5) available assistance with decision making concerning medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance direc- tives or other written instructions recognized under State law, such as a living will or durable power of attorney for health care, in the case that an injury or illness causes the individual to be unable to make health care decisions; and ‘‘(6) such other services as the Secretary, by regulation, may require. ‘‘(f) NO EFFECT ON ELIGIBILITY FOR OTHER BENEFITS.—Benefits paid to an eligible beneficiary under the CLASS program shall be disregarded for purposes of determining or continuing the bene- ficiary’s eligibility for receipt of benefits under any other Federal, State, or locally funded assistance program, including benefits paid under titles II, XVI, XVIII, XIX, or XXI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq., 1395 et seq., 1396 et seq., 1397aa et seq.), under the laws administered by the Secretary of Veterans Affairs, under low-income housing assistance programs, or under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this title shall be construed as prohibiting benefits paid under the CLASS Independ- ence Benefit Plan from being used to compensate a family caregiver for providing community living assistance services and supports to an eligible beneficiary. ‘‘(h) PROTECTION AGAINST CONFLICT OF INTERESTS.—The Sec- retary shall establish procedures to ensure that the Eligibility Assessment System, the Protection and Advocacy System for a State, advocacy counselors for eligible beneficiaries, and any other entities that provide services to active enrollees and eligible bene- ficiaries under the CLASS program comply with the following: ‘‘(1) If the entity provides counseling or planning services, such services are provided in a manner that fosters the best interests of the active enrollee or beneficiary. Procedures. Contracts. Regulations.