Better Care Better Jobs Act
A BILL
To amend title XIX of the Social Security Act to expand access to home and community-based services (HCBS) under Medicaid, and for other purposes.
Sec. 2 Definitions
In this Act:
Appropriate committees of congress— The term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives, the Committee on Education and Labor of the House of Representatives, the Committee on Finance of the Senate, the Committee on Health, Education, Labor and Pensions of the Senate, and the Special Committee on Aging of the Senate.
Direct care worker; direct care workforce— The terms direct care worker and direct care workforce mean—
a direct support professional;
a personal care attendant;
a direct care worker;
a home health aide; and
any other relevant worker, as determined by the Secretary.
Eligible individual— The term eligible individual means an individual who is eligible for and enrolled for medical assistance under a State Medicaid program and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list.
Health plan— The term health plan means a group health plan or health insurance issuer (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91)).
HCBS program improvement State— The term HCBS program improvement State means a State with an HCBS infrastructure improvement plan approved by the Secretary under section 101(d).
Home and community-based services— The term home and community-based services means any of the following (whether provided on a fee-for-service, risk, or other basis):
Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)).
Personal care services authorized under paragraph (24) of such section.
PACE services authorized under paragraph (26) of such section.
Home and community-based 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 services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u–7).
Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)).
Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)).
Such other services specified by the Secretary.
Institutional setting— The term institutional setting means—
a skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)));
a nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a)));
a long-term care hospital (as described in section 1886(d)(1)(B)(iv) of such Act (42 U.S.C. 1395ww(d)(1)(B)(iv)));
an institution (or distinct part thereof) described in section 1905(d) of such Act (42 U.S.C. 1396d(d)));
an institution (or distinct part thereof) which is a psychiatric hospital (as defined in section 1861(f) of such Act (42 U.S.C. 1395x(f))) or that provides inpatient psychiatric services in another residential setting specified by the Secretary;
an institution (or distinct part thereof) described in section 1905(i) of such Act (42 U.S.C. 1396d(i)); and
any other relevant facility, as determined by the Secretary.
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).
Secretary— The term Secretary means the Secretary of Health and Human Services.
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.).