[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3220 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3220

   To amend title XIX of the Social Security Act to clarify that the 
provision of home and community-based services is not prohibited in an 
              acute care hospital, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                            January 21, 2020

  Mr. Portman introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

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                                 A BILL


 
   To amend title XIX of the Social Security Act to clarify that the 
provision of home and community-based services is not prohibited in an 
              acute care hospital, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Access to Direct Support 
Professionals Act''.

SEC. 2. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE CARE 
              HOSPITALS.

    Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is 
amended--
            (1) by inserting ``(1)'' after ``(h)'';
            (2) by inserting ``, home and community-based services 
        provided under subsection (c), (d), or (i) of section 1915 or 
        under a waiver under section 1115, self-directed personal 
        assistance services provided pursuant to a written plan of care 
        under section 1915(j), and home and community-based attendant 
        services and supports under section 1915(k)'' before the 
        period; and
            (3) by adding at the end the following:
    ``(2) Nothing in this title, title XVIII, or title XI shall be 
construed as prohibiting receipt of any care or services specified in 
paragraph (1) in an acute care hospital that are--
            ``(A) identified in an individual's person-centered plan of 
        services and supports (or comparable plan of care);
            ``(B) provided to meet needs of the individual that are not 
        met through the provision of hospital services;
            ``(C) not a substitute for services that the hospital is 
        obligated to provide through its conditions of participation or 
        under Federal or State law; and
            ``(D) designed to ensure smooth transitions between acute 
        care settings and home and community-based settings, and to 
        preserve the individual's functions.''.
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