42 U.S.C. 1396dadded (ll)by H.R. 8540 Sec. 102(a)
(ll) Home and community-Based services.—(1) In general.— For purposes of this title, the term home and community-based services means those services specified in paragraph (2) furnished to an eligible individual (as defined in paragraph (3)), based on an individualized assessment (as described in paragraph (4)) and person-centered service plan (as described in paragraph (4)(D)) for such individual, in a setting that—(A) meets the qualities specified in paragraph (1) of section 441.710(a) of title 42, Code of Federal Regulations (or a successor regulation);(B) is not described in paragraph (2) of such section (or successor regulation); and(C) meets such other qualities as the Secretary determines appropriate in line with recommendations for additional services made by the panel described in paragraph (2)(B).(2) Services specified.—(A) In general.— For purposes of paragraph (1), the services specified in this paragraph are services described in any of paragraphs (7), (8), (13)(C), (19), (20), (24), (29), and (31) of subsection (a) or in any of subsections (c)(4)(B), (c)(5), (k)(1)(A), (k)(1)(B), or (k)(1)(D) of section 1915, including the following:(i) Supported employment and integrated day services.(ii) Personal assistance, including personal care attendants, direct support professionals, home health aides, private duty nursing, homemakers and chore assistance, and companionship services.(iii) Services that enhance independence, inclusion, and full participation in the broader community.(iv) Non-emergency, non-medical transportation services to facilitate community integration.(v) Respite services provided in the individual’s home or broader community.(vi) Caregiver and family support services.(vii) Case management, including intensive case management, fiscal intermediary, and support brokerage services.(viii) Services that support person-centered planning and self-direction.(ix) Direct support services during acute hospitalizations.(x) Necessary medical and nursing services not otherwise covered that are necessary in order for the individual to remain in their home and community, including hospice services.(xi) Home and community-based intensive behavioral health and crisis intervention services.(xii) Peer support services.(xiii) Housing support, including transitional housing or transitional support services for individuals who are unhoused, and wrap-around services.(xiv) Necessary home modifications and assistive technology, including those that substitute for human assistance.(xv) Transition services to support an individual who is transitioning from an institutional setting to the community, including appropriate services for individuals who are unhoused or at risk of becoming unhoused, and including such transition services provided while the individual resides in an institution.(xvi) Nutrition Services.(xvii) Assisted living services.(xviii) Any other service approved by the Secretary, pursuant to the recommendation of the panel convened pursuant to subparagraph (B).(B) Specification of recommended services.—(i) In general.— Not later than 6 months after the date of the enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary the Secretary shall appoint an advisory panel (in this subparagraph referred to as the ‘panel’) for purposes of recommending additional services which may be included as home and community-based services under this paragraph.(ii) Composition.—(I) Selection.— The members shall be selected from categories (aa) through (rr), with the majority of all members from the categories described in items (aa), (bb), and (cc):(aa) Individuals with disabilities receiving home and community-based services under this title and individuals with disabilities in need of such services, including those with physical disabilities, behavioral health disabilities, or intellectual or developmental disabilities, and including older adults. The individuals should be representative of multiple states, geography, race, and ethnicity and other demographic factors.(bb) Beneficiary-led disability rights organizations.(cc) Disability-led organizations.(dd) Disabled veterans organizations.(ee) Disability organizations representing families.(ff) Organizations serving people with people with disabilities, including intellectual or developmental disabilities.(gg) Organizations serving older adults.(hh) Direct care workers and the labor organizations that represent them.(ii) The Protection and Advocacy system, the Centers for Independent Living.(jj) Health care providers.(kk) The National Association of Medicaid Directors.(ll) The National Association of State Directors of Developmental Disabilities Services.(mm) The National Association of State Mental Health Program Directors.(nn) Advancing States.(oo) The Centers for Medicare & Medicaid Services.(pp) The Administration for Community Living of the Department of Health and Human Services.(qq) Other relevant local, State, and Federal home and community-based service systems, as determined by the Secretary.(rr) Members of federally-recognized tribes and tribally-led organizations.(II) Requirement for equal proportionate representation.— The Secretary shall seek to ensure proportionate representation among each category described in items (dd) through (oo) of subclause (I), in convening the panel. The majority of all members shall be from the categories described in items (aa), (bb), and (cc) of subclause (I).(iii) Duties.—(I) In general.— Not later than 2 years after a panel is convened under clause (i), the panel shall submit to the Secretary and to Congress a report recommending additional services which shall be included as home and community-based services under this paragraph. Such recommended services shall be so specified with the goal of increasing community integration and self-determination for individuals with disabilities receiving such se
The bill says: Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection:
Bill text · Current law (42 U.S.C. 1396d)
42 U.S.C. 1396d(a)renumberedby H.R. 8540 Sec. 102(a)
The bill says: by redesignating paragraphs (31) and (32) as paragraphs (32) and (33) respectively; and
Bill text · Current law (42 U.S.C. 1396d)
42 U.S.C. 1396d(a)added (31)by H.R. 8540 Sec. 102(a)
(31) home and community-based services (as defined in subsection (ll));
The bill says: by inserting after paragraph (30) the following new paragraph:
Bill text · Current law (42 U.S.C. 1396d)
42 U.S.C. 1396a(a)(10)(A)changedby H.R. 8540 Sec. 102(b)
(A) for making medical assistance available, including at least the care and services listed in paragraphs (1) through (5), (13)(B), (17), (21), (28), (29), and (30)(30), and (31) of section 1396d(a) of this title, to— (i) all individuals— (I) who are receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A or part E of subchapter IV (including individuals…
The bill says: Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking "and (30)" and inserting "(30), and (31)".
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)changedby H.R. 8540 Sec. 102(c)
…are described in subparagraph (C) of subsection (l)(1) and whose family income does not exceed the income level the State is required to establish under subsection (l)(2)(B) for such a family, (VII) who are described in subparagraph (D) (i) of subsection (l)(1) and whose family income does not exceed the income level the State is required to establish under subsection (l)(2)(C) for such a family; 2 (VIII) beginning January 1, 2014, who are under 65 years of age, not…
The bill says: by inserting "(i)" after "(D)";
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)changedby H.R. 8540 Sec. 102(c)
The bill says: by adding "and" after the semicolon; and
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)added (ii)by H.R. 8540 Sec. 102(c)
(ii) beginning on the first day of the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this clause (or at such earlier date as the State may elect) for the inclusion of home and community-based services (as defined in section 1905(ll)) for any individual who—(I) is eligible for medical assistance under the State plan (or waiver of such plan);(II) is an eligible individual (as defined in such section); and(III) elects to receive such services.
The bill says: by adding at the end the following new clause:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396(xv)changedby H.R. 8540 Sec. 102(e)
The bill says: in clause (xv), by striking the comma at the end and inserting ", or";
Bill text · Current law (42 U.S.C. 1396)
42 U.S.C. 1396(xvi)changedby H.R. 8540 Sec. 102(e)
The bill says: by striking ", or" and inserting a comma; and
Bill text · Current law (42 U.S.C. 1396)
42 U.S.C. 1396removedby H.R. 8540 Sec. 102(e)
The bill says: by striking clause (xvii); and
Bill text · Current law (42 U.S.C. 1396)
42 U.S.C. 1396changedby H.R. 8540 Sec. 102(e)
…to as "MACPAC"). (b) Duties. (1) Review of access policies for all States and annual reports. MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as "Medicaid") and the Statea determination be conducted on an annual basis (or on such longer basis as specified by the State) in accordance with section 1905(ll) for purposes of providing home and community-based services under the State plan (or waiver of such plan). Children's Health Insurance Program established under subchapter XXI (in this section referred to as "CHIP") affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to…
The bill says: in section 1943(b)(5), by striking "the State" and all that follows through the period at the end and inserting "a determination be conducted on an annual basis (or on such longer basis as specified by the State) in accordance with section 1905(ll) for purposes of providing home and community-based services under the State plan (or waiver of such plan).".
Bill text · Current law (42 U.S.C. 1396)
42 U.S.C. 1396a(a)(10)(A)(i)(VIII)changedby H.R. 8540 Sec. 103(1)
The bill says: in subclause (VIII), by striking "; or" and inserting a semicolon;
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)(i)(IX)(dd)changedby H.R. 8540 Sec. 103(1)
The bill says: in subclause (IX)(dd), by striking the semicolon at the end and inserting "; or"; and
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)(i)added (X)by H.R. 8540 Sec. 103(1)
(X) beginning with the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this subclause (or such earlier date as the State may elect), who are eligible individuals described in subsection (ll)(3)(A) and are not described in a previous subclause of this clause and whose income does not exceed the greater of—(aa) 150 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; and(bb) 300 percent of the supplemental security income benefit rate established by section 1611(b)(1);
The bill says: by inserting after subclause (IX) the following new subclause:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)(ii)(XXII)changedby H.R. 8540 Sec. 103(1)
The bill says: in subclause (XXII), by striking "; or" and inserting a semicolon;
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)(ii)(XXIII)changedby H.R. 8540 Sec. 103(1)
The bill says: in subclause (XXIII), by striking the semicolon at the end and inserting "; or"; and
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(10)(A)(ii)added (XXIV)by H.R. 8540 Sec. 103(1)
(XXIV) who are eligible individuals who would be described in clause (i)(X) but for the fact that their income exceeds the income levels established under such clause but is less than such income level as the State may establish for purposes of this subclause;
The bill says: by adding at the end the following new subclause:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)rewrittenby H.R. 8540 Sec. 103(1)
The bill says: by amending paragraph (34) to read as follows:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(xx)(9)(A)(ii)(VIII)changedby H.R. 8540 Sec. 103(2)
The bill says: in subclause (VIII), by striking "or" at the end;
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(xx)(9)(A)(ii)(IX)changedby H.R. 8540 Sec. 103(2)
The bill says: in subclause (IX), by striking the period and inserting "; or"; and
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(xx)(9)(A)(ii)added (X)by H.R. 8540 Sec. 103(2)
(X) who is described in subclause (X) of subsection (a)(10)(A)(i) or subclause (XXIV) of subsection (a)(10)(A)(ii).
The bill says: by adding at the end the following new subclause:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(88)changedby H.R. 8540 Sec. 104(a)
The bill says: in paragraph (88), by striking "and" at the end;
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)(89)changedby H.R. 8540 Sec. 104(a)
The bill says: in paragraph (89), by striking the period and inserting "; and"; and
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396a(a)added (90)by H.R. 8540 Sec. 104(a)
(90) provide that, prior to the beginning of the first calendar quarter beginning on or after the date that is 5 years after the date of the enactment of this paragraph, the State shall submit to the Secretary the implementation plan described in subsection (yy).
The bill says: by inserting after paragraph (89) the following new paragraph:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396aadded (yy)by H.R. 8540 Sec. 104(a)
(yy) Implementation plan.— For purposes of subsection (a)(90), an implementation plan described in this subsection is a plan developed by a State that includes the following:(1) An explanation of how the State will operationalize the definition of an eligible individual under section 1905(ll), including the process for determinations specified in paragraph (3)(A)(i) of such section.(2) A description of the characteristics of the State’s direct care workforce that provides home- and community-based services, including the number of workers, the average and range of direct care worker wages or service payments, the health and other workplace benefits provided to workers, turnover and vacancy rates, and an explanation of the State’s plan to ensure a stable and high quality workforce and how the State plans to ensure that compensation for individuals furnishing home and community-based services is sufficient to ensure a sufficient supply of workers to provide services to all eligible individuals and plans to identify and address any additional workforce issues.(3) A list of any home and community-based services provided under the State Medicaid plan (including any waiver of such plan) as of the date of enactment of this subsection, including a breakdown of use of such services by demographics (as defined in section 2 of the HCBS Access Act), compared to such services that are required under the amendments made by section 102 of such Act, and a description of numerical goals to increase access to such services that have barriers to access for populations in need of such services.(4) A description of how the State will incorporate existing State disability and aging agencies into the new unified provision of home and community-based services and how such State will ensure that such services address all functional impairments.(5) A plan for carrying out outreach and education activities with respect to the availability of such services through appropriate entities, including a program that ensures that an individual is not denied such services based on the fact that the individual contacts the wrong entity (commonly referred to as a "No Wrong Door Program").(6) A plan for how such services will be coordinated with other relevant State agencies, such as housing, transportation, child welfare, food and income security, and employment agencies.(7) A State with federally-recognized Indian tribes, Indian health programs, and/or urban Indian health organizations shall include a process to consult with the Indian tribes, and seek advice from Indian Health programs and urban Indian health organizations in the State.(8) A description of how the State will build capacity prior to the implementation of the requirement described in subsection (a) to ensure that such services are available to every eligible individual under the Medicaid program, how the State will ensure an adequate provider network to provide access to and choice of provider, and how the State will ensure that such services are provided in a setting that meets the requirements specified in paragraph (1) of section 1905(ll), as added by section 102 of the HCBS Access Act.(9) A plan for how the State will prioritize individuals who have already met eligibility requirements but are on waiting lists to receive HCBS and ensure those individuals do not experience an increase in the amount of time they will wait to receive services.(10) In the case of a State that utilizes an alternative benefit plan, a description of how the State will ensure that all individuals who are eligible individuals (as defined in such section) are appropriately identified as medically frail and exempted from such plan.(11) How the State will coordinate eligibility for such services with other disability eligibility programs, such as disability buy-in programs.(12) Data and milestone requirements to ensure community integration, including such requirements with respect to utilization of such services by demographics (as defined in section 2 of the HCBS Access Act).(13) A description of how the State will evaluate and address disparities based on age, disability, race, ethnicity, sexual orientation, gender identity, and geographic equity.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396b(a)(6)changedby H.R. 8540 Sec. 104(b)
The bill says: in paragraph (6), by striking "plus" at the end;
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(a)renumberedby H.R. 8540 Sec. 104(b)
The bill says: by redesignating paragraph (7) as paragraph (8); and
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(a)added (7)by H.R. 8540 Sec. 104(b)
(7) an amount equal to 100 percent of the sums expended during the quarter which are attributable to the costs of developing the implementation plan described in section 1902(yy); plus
The bill says: by inserting after paragraph (6) the following new paragraph:
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(a)(3)(F)(ii)changedby H.R. 8540 Sec. 107(b)
(ii) 90 percent of so much of the sums expended during such quarter as are attributable to payments for reasonable administrative expenses related to the administration of payments described in clause (i) if the State meets the condition described in subsection (t)(9); plusand
The bill says: in subparagraph (F)(ii), by striking "plus" after the semicolon and inserting "and"; and
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(a)(3)added (G)by H.R. 8540 Sec. 107(b)
(G) 80 percent of so much of the sums expended during such quarter as are attributable to the reporting of information regarding the quality of home and community-based services in accordance with section 107(b) of the HCBS Access Act; and
The bill says: by inserting after subparagraph (F), the following:
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396r-5(h)(1)(A)a new sectionchangedby H.R. 8540 Sec. 108(a)
The bill says: Section 1924(h)(1)(A) of the Social Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amended by striking "is described in section 1902(a)(10)(A)(ii)(VI)" and inserting "is an eligible individual (as defined in section 1905(ll)(3))".
Bill text
42 U.S.C. 1396r-5a new sectionchangedby H.R. 8540 Sec. 108(b)
The bill says: Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r–5 note) is amended by striking "September 30, 2027" and inserting "the date of enactment of the HCBS Access Act".
Bill text
42 U.S.C. 1396a(h)(1)(L)changedby H.R. 8540 Sec. 109
The bill says: Section 6071(h)(1)(L) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note(h)(1)(L)) is amended by striking "each of fiscal years 2024 through 2027" and inserting "each fiscal year after 2025".
Bill text · Current law (42 U.S.C. 1396a)
42 U.S.C. 1396p(a)(1)a new sectionchangedby H.R. 8540 Sec. 110(a)
(1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except—plan, except, subject to paragraph (4)— (A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or (B) in the case of the real property of an individual— (i) who is an inpatient in a nursing facility, intermediate care…
The bill says: in the matter preceding subparagraph (A), by striking "plan, except—" and inserting "plan, except, subject to paragraph (4)—"; and
Bill text
42 U.S.C. 1396p(a)(1)(B)a new sectionchangedby H.R. 8540 Sec. 110(a)
(B) in the case ofwith respect to liens imposed before the date of the enactment of the Stop Unfair Medicaid Recoveries Act, in the case of the real property of an individual— (i) who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in…
The bill says: in subparagraph (B), by striking "in the case of" and inserting "with respect to liens imposed before the date of the enactment of the Stop Unfair Medicaid Recoveries Act, in the case of"; and
Bill text
42 U.S.C. 1396p(a)a new sectionadded (4)by H.R. 8540 Sec. 110(a)
(4) Notwithstanding any preceding provision of this subsection, not later than 90 days after the date of the enactment of this paragraph, a State shall—(A) withdraw any lien imposed under paragraph (1)(B) that is in effect as of such date; and(B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien.
The bill says: by adding at the end the following:
Bill text
42 U.S.C. 1396p(b)(1)a new sectionchangedby H.R. 8540 Sec. 110(b)
(1) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made, except thatexcept that, subject to paragraph (6), the State shall seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan in the case of the following individuals: (A) In the case of an individual described in subsection…
The bill says: in paragraph (1), by striking "except that" and inserting "except that, subject to paragraph (6),"; and
Bill text
42 U.S.C. 1396p(b)a new sectionadded (6)by H.R. 8540 Sec. 110(b)
(6) Notwithstanding any preceding provision of this subsection, no adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be initiated, maintained, or collected on or after the date of the enactment of this paragraph. Not later than 90 days after such date, a State shall—(A) withdraw any lien in effect as of such date with respect to such medical assistance correctly paid; and(B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien and the prohibition on adjustment or recovery under this paragraph.
The bill says: by adding at the end the following:
Bill text
42 U.S.C. 1396b(w)(7)(A)renumberedby H.R. 8540 Sec. 111(1)
The bill says: by redesignating clause (ix) as clause (x); and
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(w)(7)(A)added (ix)by H.R. 8540 Sec. 111(1)
(ix) home- and community-based services.
The bill says: by inserting after clause (viii) the following new clause:
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396b(w)(4)(C)(ii)changedby H.R. 8540 Sec. 111(2)
The bill says: in paragraph (4)(C)(ii), by inserting "for a class of health care items and services other than the class described in paragraph (7)(A)(ix)," after "2026,".
Bill text · Current law (42 U.S.C. 1396b)
42 U.S.C. 1396p(a)(1)a new sectionchangedby H.R. 8540 Sec. 112(a)
(1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except—plan, except, subject to paragraph (4)— (A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or (B) in the case of the real property of an individual— (i) who is an inpatient in a nursing facility, intermediate care…
The bill says: in the matter preceding subparagraph (A), by striking "plan, except—" and inserting "plan, except, subject to paragraph (4)—"; and
Bill text
42 U.S.C. 1396p(a)(1)(B)a new sectionchangedby H.R. 8540 Sec. 112(a)
(B) in the case ofwith respect to liens imposed before the date of the enactment of the Stop Unfair Medicaid Recoveries Act, in the case of the real property of an individual— (i) who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in…
The bill says: in subparagraph (B), by striking "in the case of" and inserting "with respect to liens imposed before the date of the enactment of the Stop Unfair Medicaid Recoveries Act, in the case of"; and
Bill text
42 U.S.C. 1396p(a)a new sectionadded (4)by H.R. 8540 Sec. 112(a)
(4) Notwithstanding any preceding provision of this subsection, not later than 90 days after the date of the enactment of this paragraph, a State shall—(A) withdraw any lien imposed under paragraph (1)(B) that is in effect as of such date; and(B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien.
The bill says: by adding at the end the following:
Bill text
42 U.S.C. 1396p(b)(1)a new sectionchangedby H.R. 8540 Sec. 112(b)
(1) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made, except thatexcept that, subject to paragraph (6), the State shall seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan in the case of the following individuals: (A) In the case of an individual described in subsection…
The bill says: in paragraph (1), by striking "except that" and inserting "except that, subject to paragraph (6),"; and
Bill text
42 U.S.C. 1396p(b)a new sectionadded (6)by H.R. 8540 Sec. 112(b)
(6) Notwithstanding any preceding provision of this subsection, no adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be initiated, maintained, or collected on or after the date of the enactment of this paragraph. Not later than 90 days after such date, a State shall—(A) withdraw any lien in effect as of such date with respect to such medical assistance correctly paid; and(B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien and the prohibition on adjustment or recovery under this paragraph.
The bill says: by adding at the end the following:
Bill text
42 U.S.C. 1395w-114changedby H.R. 8540 Sec. 113
The bill says: Section 1860D–14(a)(1)(D)(i) of the Social Security Act (42 U.S.C. 1395w–114) is amended by striking "or subsection (c) or (d) of section 1915 or under a State plan amendment under subsection (i) of such section" and inserting ", section 1915, 1115A, or under a State plan amendment".
Bill text · Current law (42 U.S.C. 1395w-114)