Medicare Adult Day Services Act of 2019

“(kkk) Certified adult day services; adult day services provider; certified adult day services center; post-Institutional certified adult day services; certified adult day services spell of illness

“(1)

“(A) The term certified adult day services means, subject to paragraph (4), the items and services described in subparagraph (B) that are furnished to an individual who is under the care of a physician—

“(i) by an adult day services provider (as defined in paragraph (2)) or by another entity under an arrangement with such an adult day services provider to provide such services;

“(ii) in accordance with a plan (for furnishing such items and services to such individual) approved and periodically reviewed by such physician; and

“(iii) in a certified adult day services center (as defined in paragraph (3)).

“(B) For purposes of subparagraph (A), the items and services described in this subparagraph are the following:

“(i) Part-time or intermittent services (as defined in subparagraph (C)(i)) provided by or under the supervision of a registered professional nurse.

“(ii) Physical or occupational therapy or speech-language pathology services, or any combination of such services.

“(iii) Medical social services under the direction of a physician.

“(iv) Nutritional meals, including special diets, as ordered by a physician.

“(v) A program of supervised activities (that meets such criteria as the Secretary determines appropriate) designed to promote physical and mental health that are furnished in a group setting for a period of not fewer than 4 and not greater than 8 hours per day.

“(vi) A medication management program (as defined in subparagraph (C)(ii)).

“(vii) Medical supplies (including catheters, catheter supplies, ostomy bags, and supplies related to ostomy care, and a covered osteoporosis drug (as defined in subsection (kk)), but excluding other drugs and biologicals) and durable medical equipment.

“(viii) Transportation of the individual described in subparagraph (A) to and from a certified adult day services center in connection with the provision of an item or service described in a previous provision of this subparagraph.

“(C)

“(i) For purposes of subparagraph (B)(i), the term part-time or intermittent services means certified adult day services furnished any number of days per week as long as such services are furnished fewer than 8 hours each day. For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), insofar as such respective section relates to certified adult day services, intermittent means certified adult day services that are either provided or needed on fewer than 7 days each week, or less than 8 hours of each day for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable).

“(ii) For purposes of subparagraph (B)(vi), the term medication management program means a program of education and services (that meets such criteria as the Secretary determines appropriate) to minimize—

“(I) unnecessary or inappropriate use of prescription drugs; and

“(II) adverse events due to unintended prescription drug-to-drug interactions.

“(2) The term adult day services provider means a provider of home and community-based services that is approved in the applicable State to provide long-term services and supports, which may include nursing care, physical therapy, occupational therapy, social work services, transportation, and personal care services.

“(3) The term certified adult day services center means a facility—

“(A) of a public agency or private organization, or a subdivision of such an agency or organization, that—

“(i) is primarily engaged in providing an interdisciplinary approach that includes skilled nursing services and other therapeutic services directly;

“(ii) has policies, established by a group of professional personnel (associated with the agency or organization), including one or more physicians and one or more registered professional nurses, to govern the services (referred to in subparagraph (A)) which it provides, and provides for supervision of such services;

“(iii) maintains clinical records on all patients;

“(iv) in the case of an agency or organization in any State in which State or applicable local law provides for the licensing or certification of agencies or organizations of this nature, (i) is licensed or certified pursuant to such law, or (ii) is approved, by the agency of such State or locality responsible for licensing or certifying agencies or organizations of this nature, as meeting the standards established for such licensing or certification;

“(v) is licensed or certified by the State involved or accredited as meeting requirements, including under section 1865, through a nationally recognized accrediting agency that is recognized by the Secretary;

“(vi) has in effect an overall plan and budget that meets the requirements of subsection (z);

“(vii) meets applicable conditions of participation under section 1891(a) (or similar conditions specified by the Secretary as applicable to such an agency or organization) and such other conditions of participation as the Secretary may find necessary in the interest of the health and safety of individuals who are furnished services by such agency or organization; and

“(viii) meets such additional requirements (including conditions relating to bonding or establishing of escrow accounts as the Secretary finds necessary for the financial security of the program) as the Secretary finds necessary for the effective and efficient operation of the program;

“(B) at which such agency or organization provides for items and services described in paragraph (1)(B); and

“(C) that complies with all applicable State and local building codes, fire codes, zoning laws, and State licensing building standards that apply to a State licensed or certified or nationally accredited adult day center, and in States where there are no State licensing building standards for adult day centers, building standards based on the standards adopted by a nationally recognized accrediting agency that is recognized by the Secretary and applies to such a center standards that are comparable to the requirements applied to a skilled nursing facility pursuant to section 1819(d)(2)(B).

“(4) For purposes of paragraph (1)(A), an item or service furnished to an individual, with respect to a period, shall not be considered an adult day service if—

“(A) the individual is—

“(i) concurrently receiving similar skilled services under a State plan under section 1905(a) or under a home and community-based waiver authorized for a State under section 1115, under subsection (c) or (d) of section 1915, under a State plan amendment under subsection (i) of section 1915, or under section 1902(a)(10)(D); and

“(ii) receiving such item or service during such period under such State plan, waiver, amendment, or respective section; or

“(B) the individual is receiving such item or service during such period pursuant to a plan of care from a home health agency under section 1861(m).

“(5) Nothing in this subsection shall be construed as prohibiting a home health agency from—

“(A) establishing a State licensed or certified or nationally accredited certified adult day services center and furnishing certified adult day services; or

“(B) providing services under arrangements with such a center.

“(6) The term post-institutional certified adult day services means certified adult day services furnished to an individual—

“(A) after discharge from a hospital or critical access hospital in which the individual was an inpatient for not less than 3 consecutive days before such discharge if such certified adult day services were initiated within 14 days after the date of such discharge; or

“(B) after discharge from a skilled nursing facility in which the individual was provided post-hospital extended care services if such certified adult day services were initiated within 14 days after the date of such discharge.

“(7) The term certified adult day services spell of illness with respect to any individual means a period of consecutive days—

“(A) beginning with the first day (not included in a previous certified adult day services spell of illness)—

“(i) on which such individual is furnished post-institutional certified adult day services; and

“(ii) which occurs in a month for which the individual is entitled to benefits under part A; and

“(B) ending with the close of the first period of 60 consecutive days thereafter on each of which the individual is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1819(a)(1) or subsection (y)(1) nor provided home health services or certified adult day services.”