[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9940 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9940
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
July 23, 2026
Mr. Tonko (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Energy and Commerce
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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 2026''.
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 2027, 2028, or 2029, 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'';
and
(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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