[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7267 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7267

 To amend title XIX of the Social Security Act to provide a temporary 
 higher Federal medical assistance percentage for Federal expenditures 
    under the Medicaid program that are associated with the cost of 
 compliance with certain Federal regulations with respect to services 
     furnished in certain intermediate care facilities or home and 
community-based services furnished to individuals with intellectual and 
                      developmental disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2024

 Mr. Tonko (for himself and Mr. Fitzpatrick) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to provide a temporary 
 higher Federal medical assistance percentage for Federal expenditures 
    under the Medicaid program that are associated with the cost of 
 compliance with certain Federal regulations with respect to services 
     furnished in certain intermediate care facilities or home and 
community-based services furnished to individuals with intellectual and 
                      developmental disabilities.

    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 ``Disability Community Act of 2023''.

SEC. 2. HIGHER FMAP FOR CERTAIN MEDICAID EXPENDITURES ASSOCIATED WITH 
              CERTAIN REGULATION COMPLIANCE.

    (a) In General.--Section 1903(a)(5) of the Social Security Act (42 
U.S.C. 1396b(a)(5)) is amended--
            (1) by striking ``an amount equal to'' and inserting ``(A) 
        an amount equal to'';
            (2) by striking ``supplies;'' and inserting ``supplies; 
        and''; and
            (3) by adding at the end the following:
            ``(B) an amount equal to 90 percent of the sum of the 
        amounts expended during a quarter in 2024, 2025, or 2026, for 
        items and services furnished in an intermediate care facility 
        for the mentally retarded or for home and community-based 
        services furnished to individuals with intellectual and 
        developmental disabilities, as the Secretary determines are 
        attributable to compliance with any of the regulations 
        specified in--
                    ``(i) part 541.600 of title 29, Code of Federal 
                Regulations; or
                    ``(ii) part 430, 431, 435, 436, 440, 441, or 447 of 
                title 42, Code of Federal Regulations;''.
    (b) Conforming Terminology for Intermediate Care Facilities.--Title 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended--
            (1) by striking ``intermediate care facility for the 
        mentally retarded'' each time such term appears (including in 
        headings) and inserting ``intermediate care facility for 
        individuals with intellectual and developmental disabilities'';
            (2) by striking ``intermediate care facilities for the 
        mentally retarded'' each time such term appears (including in 
        headings) and inserting ``intermediate care facilities for 
        individuals with intellectual and developmental disabilities'';
            (3) by striking ``State mental retardation or developmental 
        disability authority'' each time such term appears and 
        inserting ``State intellectual or developmental disability 
        authority'';
            (4) in section 1905(d)--
                    (A) in the matter before paragraph (1), by striking 
                ``thereof) for the mentally retarded or persons'' and 
                inserting ``thereof) for individuals with intellectual 
                or developmental disabilities or'';
                    (B) in paragraph (1), by striking ``mentally 
                retarded individuals'' and inserting ``individuals with 
                intellectual or developmental disabilities''; and
                    (C) in paragraph (2), by striking ``the mentally 
                retarded individual'' and inserting ``the individual 
                with an intellectual or developmental disability'';
            (5) in section 1915(c)(7)(C), by striking ``mental 
        retardation'' and inserting ``intellectual or developmental 
        disabilities'';
            (6) in section 1919(b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (E), by striking 
                        ``mentally retarded'' and inserting ``has 
                        intellectual or developmental disabilities''; 
                        and
                            (ii) in subparagraph (F)--
                                    (I) in the heading, by striking 
                                ``and mentally retarded individuals'' 
                                and inserting ``individuals and 
                                individuals with intellectual or 
                                developmental disabilities''; and
                                    (II) in clause (ii)--
                                            (aa) by striking ``is 
                                        mentally retarded'' and 
                                        inserting ``has an intellectual 
                                        or developmental disability''; 
                                        and
                                            (bb) by striking ``for 
                                        mental retardation'' and 
                                        inserting ``for intellectual or 
                                        developmental disabilities'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)(vii), by striking 
                        ``mentally ill and mentally retarded 
                        residents'' and inserting ``residents who are 
                        mentally ill or who have intellectual or 
                        developmental disabilities''; and
                            (ii) in subparagraph (C)(ii)(IV), by 
                        striking ``the mentally retarded'' and 
                        inserting ``individuals with intellectual or 
                        developmental disabilities''; and
            (7) in section 1919(e)--
                    (A) in paragraph (7)--
                            (i) in subparagraph (A)(i), by striking 
                        ``mentally ill and mentally retarded 
                        individuals'' and inserting ``individuals who 
                        are mentally ill or who have intellectual or 
                        developmental disabilities'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``mental 
                                retardation'' each place such term 
                                appears and inserting ``intellectual or 
                                developmental disability'';
                                    (II) in clause (ii)--
                                            (aa) in the heading, by 
                                        striking ``mentally retarded 
                                        residents'' and inserting 
                                        ``residents with intellectual 
                                        or developmental 
                                        disabilities''; and
                                            (bb) in the matter 
                                        preceding subclause (I), by 
                                        striking ``is mentally 
                                        retarded'' and inserting ``has 
                                        an intellectual or 
                                        developmental disability''; and
                                    (III) in clause (iii), by striking 
                                ``mentally ill or mentally retarded 
                                resident'' and inserting ``resident who 
                                is mentally ill or who has an 
                                intellectual or developmental 
                                disability'';
                            (iii) in subparagraph (C), by striking 
                        ``mental retardation'' each place such term 
                        appears and inserting ``intellectual or 
                        developmental disability'';
                            (iv) in subparagraph (E)--
                                    (I) by striking ``are mentally 
                                retarded or'' and inserting ``have 
                                intellectual or developmental 
                                disabilities or are''; and
                                    (II) by striking ``mental 
                                retardation'' and inserting 
                                ``intellectual or developmental 
                                disability''; and
                            (v) in subparagraph (G)(ii)--
                                    (I) by striking ``be `mentally 
                                retarded''' and inserting ``have `an 
                                intellectual or developmental 
                                disability'''; and
                                    (II) by striking ``is mentally 
                                retarded or a person with'' and 
                                inserting ``has an intellectual or 
                                developmental disability or''.
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