[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4957 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4957

   To provide for an emergency increase in Federal funding to State 
    Medicaid programs for expenditures on home and community-based 
                               services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2020

Mr. Casey (for himself, Mr. Booker, Mr. Van Hollen, Mr. Blumenthal, Mr. 
   Menendez, Ms. Smith, Ms. Duckworth, Ms. Warren, Ms. Stabenow, Mr. 
  Brown, Mrs. Shaheen, Mr. Merkley, Mr. Peters, Mrs. Gillibrand, Mr. 
    Reed, Mr. Markey, Ms. Baldwin, Ms. Klobuchar, and Mr. Sanders) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To provide for an emergency increase in Federal funding to State 
    Medicaid programs for expenditures on home and community-based 
                               services.

    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 ``COVID HCBS Relief Act of 2020''.

SEC. 2. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-BASED 
              SERVICES DURING THE COVID-19 EMERGENCY PERIOD.

    (a) Increased FMAP.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), in the case of an 
        HCBS program State, the Federal medical assistance percentage 
        determined for the State under section 1905(b) of such Act and, 
        if applicable, increased under subsection (y), (z), or (aa) of 
        section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of 
        such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the 
        Families First Coronavirus Response Act (Public Law 116-127), 
        shall be increased by 10 percentage points with respect to 
        expenditures of the State under the State Medicaid program for 
        home and community-based services that are provided during the 
        HCBS program improvement period. In no case may the application 
        of the previous sentence result in the Federal medical 
        assistance percentage determined for a State being more than 95 
        percent.
            (2) Definitions.--In this section:
                    (A) HCBS program improvement period.--The term 
                ``HCBS program improvement period'' means, with respect 
                to a State, the period--
                            (i) beginning on October 1, 2020; and
                            (ii) ending on September 30, 2022.
                    (B) HCBS program state.--The term ``HCBS program 
                State'' means a State that meets the condition 
                described in subsection (b) by submitting an 
                application described in such subsection, which is 
                approved by the Secretary pursuant to subsection (c).
                    (C) Home and community-based services.--The term 
                ``home and community-based services'' means home health 
                care services authorized under paragraph (7) of section 
                1905(a) of the Social Security Act (42 U.S.C. 
                1396d(a)), behavioral health services authorized under 
                paragraph (13) of such section, personal care services 
                authorized under paragraph (24) of such section, PACE 
                services authorized under paragraph (26) of such 
                section, services authorized under subsections (b), 
                (c), (i), (j), and (k) of section 1915 of such Act (42 
                U.S.C. 1396n), such services authorized under a waiver 
                under section 1115 of such Act (42 U.S.C. 1315), and 
                such other services specified by the Secretary.
    (b) Condition.--The condition described in this subsection, with 
respect to a State, is that the State submits an application to the 
Secretary, at such time and in such manner as specified by the 
Secretary, that includes, in addition to such other information as the 
Secretary shall require--
            (1) a description of which activities described in 
        subsection (d) that a State plans to implement and a 
        description of how it plans to implement such activities;
            (2) assurances that the Federal funds attributable to the 
        increase under subsection (a) will be used--
                    (A) to implement the activities described in 
                subsection (d); and
                    (B) to supplement, and not supplant, the level of 
                State funds expended for home and community-based 
                services for eligible individuals through programs in 
                effect as of the date of the enactment of this section; 
                and
            (3) assurances that the State will conduct adequate 
        oversight and ensure the validity of such data as may be 
        required by the Secretary.
    (c) Approval of Application.--Not later than 90 days after the date 
of submission of an application of a State under subsection (b), the 
Secretary shall certify if the application is complete. Upon 
certification that an application of a State is complete, the 
application shall be deemed to be approved for purposes of this 
section.
    (d) Activities To Improve the Delivery of HCBS.--
            (1) In general.--A State shall work with community 
        partners, such as Area Agencies on Aging, Centers for 
        Independent Living, non-profit home and community-based 
        services providers, and other entities providing home and 
        community-based services, to implement--
                    (A) the purposes described in paragraph (2) during 
                the COVID-19 public health emergency period; and
                    (B) the purposes described in paragraph (3) after 
                the end of such emergency period.
            (2) Focused areas of hcbs improvement.--The purposes 
        described in this paragraph, with respect to a State, are the 
        following:
                    (A) To increase rates for home health agencies and 
                agencies that employ direct support professionals 
                (including independent providers in a self-directed or 
                consumer-directed model) to provide home and community-
                based services under the State Medicaid program, 
                provided that any agency or individual that receives 
                payment under such an increased rate increases the 
                compensation it pays its home health workers or direct 
                support professionals.
                    (B) To provide paid sick leave, paid family leave, 
                and paid medical leave for home health workers and 
                direct support professionals.
                    (C) To provide hazard pay, overtime pay, and shift 
                differential pay for home health workers and direct 
                support professionals.
                    (D) To provide home and community-based services to 
                eligible individuals who are on waiting lists for 
                programs approved under sections 1115 or 1915 of the 
                Social Security Act (42 U.S.C. 1315, 1396n).
                    (E) To expand home and community-based services to 
                facilitate reducing the census of nursing facilities, 
                intermediate care facilities, psychiatric facilities, 
                and other institutional or congregate settings so that 
                safety measures can be effectively implemented within 
                these settings.
                    (F) To purchase emergency supplies and equipment, 
                which may include items not typically covered under the 
                Medicaid program, such as personal protective 
                equipment, necessary to enhance access to services and 
                to protect the health and well-being of home health 
                workers and direct support professionals.
                    (G) To pay for the travel of home health workers 
                and direct support professionals to conduct home and 
                community-based services.
                    (H) To recruit new home health workers and direct 
                support professionals.
                    (I) To support family care providers of eligible 
                individuals with needed supplies and equipment, which 
                may include items not typically covered under the 
                Medicaid program, such as personal protective 
                equipment, and pay.
                    (J) To pay for training for home health workers and 
                direct support professionals that is specific to the 
                COVID-19 public health emergency.
                    (K) To pay for assistive technologies, staffing, 
                and other costs incurred during the COVID-19 public 
                health emergency period in order to facilitate 
                community integration and ensure an individual's 
                person-centered service plan continues to be fully 
                implemented.
                    (L) To prepare information and public health and 
                educational materials in accessible formats (including 
                formats accessible to people with low literacy or 
                intellectual disabilities) about prevention, treatment, 
                recovery, and other aspects of COVID-19 for eligible 
                individuals, their families, and the general community 
                served by agencies described in subparagraph (A).
                    (M) To pay for interpreters to assist in providing 
                home and community-based services to eligible 
                individuals and to inform the general public about 
                COVID-19.
                    (N) To allow day services providers to provide home 
                and community-based services.
                    (O) To pay for other expenses deemed appropriate by 
                the Secretary to enhance, expand, or strengthen Home 
                and Community-Based Services, including retainer 
                payments, and expenses which meet the criteria of the 
                home and community-based settings rule published on 
                January 16, 2014.
            (3) Permissible uses after the emergency period.--The 
        purpose described in this paragraph, with respect to a State, 
        is to assist eligible individuals who had to relocate to a 
        nursing facility or institutional setting from their homes 
        during the COVID-19 public health emergency period in--
                    (A) moving back to their homes (including by paying 
                for moving costs, first month's rent, and other one-
                time expenses and start-up costs);
                    (B) resuming home and community-based services;
                    (C) receiving mental health services and necessary 
                rehabilitative service to regain skills lost while 
                relocated during the public health emergency period; 
                and
                    (D) while funds attributable to the increased FMAP 
                under this section remain available, continuing home 
                and community-based services for eligible individuals 
                who were served from a waiting list for such services 
                during the public health emergency period.
    (e) Reporting Requirements.--
            (1) State reporting requirements.--Not later than December 
        31, 2023, any State with respect to which an application is 
        approved by the Secretary pursuant to subsection (c) shall 
        submit a report to the Secretary that contains the following 
        information:
                    (A) Activities and programs that were funded using 
                Federal funds attributable to such increase.
                    (B) The number of eligible individuals who were 
                served by such activities and programs.
                    (C) The number of eligible individuals who were 
                able to resume home and community-based services as a 
                result of such activities and programs.
            (2) HHS evaluation.--
                    (A) In general.--The Secretary shall evaluate the 
                implementation and outcomes of this section in the 
                aggregate using an external evaluator with experience 
                evaluating home and community-based services, 
                disability programs, and older adult programs.
                    (B) Evaluation criteria.--For purposes of 
                subparagraph (A), the external evaluator shall--
                            (i) document and evaluate changes in 
                        access, availability, and quality of home and 
                        community-based services in each HCBS program 
                        State;
                            (ii) document and evaluate aggregate 
                        changes in access, availability, and quality of 
                        home and community-based services across all 
                        such States; and
                            (iii) evaluate the implementation and 
                        outcomes of this section based on--
                                    (I) the impact of this section on 
                                increasing funding for home and 
                                community-based services;
                                    (II) the impact of this section on 
                                achieving targeted access, 
                                availability, and quality of home and 
                                community-based services; and
                                    (III) promising practices 
                                identified by activities conducted 
                                pursuant to subsection (d) that 
                                increase access to, availability of, 
                                and quality of home and community-based 
                                services.
                    (C) Dissemination of evaluation findings.--The 
                Secretary shall--
                            (i) disseminate the findings from the 
                        evaluations conducted under this paragraph to--
                                    (I) all State Medicaid directors; 
                                and
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives, the Committee on 
                                Finance of the Senate, and the Special 
                                Committee on Aging of the Senate; and
                            (ii) make all evaluation findings publicly 
                        available in an accessible electronic format 
                        and any other accessible format determined 
                        appropriate by the Secretary.
                    (D) Oversight.--Each State with respect to which an 
                application is approved by the Secretary pursuant to 
                subsection (c) shall ensure adequate oversight of the 
                expenditure of Federal funds pursuant to such increase 
                in accordance with the Medicaid regulations, including 
                section 1115 and 1915 waiver regulations and special 
                terms and conditions for any relevant waiver or grant 
                program.
            (3) Non-application of the paperwork reduction act.--
        Chapter 35 of title 44, United States Code (commonly referred 
        to as the ``Paperwork Reduction Act of 1995''), shall not apply 
        to the provisions of this subsection.
    (f) Additional Definitions.--In this section:
            (1) COVID-19 public health emergency period.--The term 
        ``COVID-19 public health emergency period'' means the portion 
        of the emergency period described in paragraph (1)(B) of 
        section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
        5(g)) beginning on or after the date of the enactment of this 
        Act.
            (2) Eligible individual.--The term ``eligible individual'' 
        means an individual who is eligible for or enrolled for medical 
        assistance under a State Medicaid program.
            (3) Medicaid program.--The term ``Medicaid program'' means, 
        with respect to a State, the State program under title XIX of 
        the Social Security Act (42 U.S.C. 1396 et seq.) (including any 
        waiver or demonstration under such title or under section 1115 
        of such Act (42 U.S.C. 1315) relating to such title).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (5) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
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