120 STAT. 128
Reports. Deadline.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
PUBLIC LAW 109–171—FEB. 8, 2006
owned, operated, or controlled by a provider of services, not related by blood or marriage. ‘‘(2) The Secretary shall not grant approval for a State selfdirected personal assistance services program under this section unless the State provides assurances satisfactory to the Secretary of the following: ‘‘(A) Necessary safeguards have been taken to protect the health and welfare of individuals provided services under the program, and to assure financial accountability for funds expended with respect to such services. ‘‘(B) The State will provide, with respect to individuals who— ‘‘(i) are entitled to medical assistance for personal care services under the plan, or receive home and communitybased services under a waiver granted under subsection (c); ‘‘(ii) may require self-directed personal assistance services; and ‘‘(iii) may be eligible for self-directed personal assistance services, an evaluation of the need for personal care under the plan, or personal services under a waiver granted under subsection (c). ‘‘(C) Such individuals who are determined to be likely to require personal care under the plan, or home and communitybased services under a waiver granted under subsection (c) are informed of the feasible alternatives, if available under the State’s self-directed personal assistance services program, at the choice of such individuals, to the provision of personal care services under the plan, or personal assistance services under a waiver granted under subsection (c). ‘‘(D) The State will provide for a support system that ensures participants in the self-directed personal assistance services program are appropriately assessed and counseled prior to enrollment and are able to manage their budgets. Additional counseling and management support may be provided at the request of the participant. ‘‘(E) The State will provide to the Secretary an annual report on the number of individuals served and total expenditures on their behalf in the aggregate. The State shall also provide an evaluation of overall impact on the health and welfare of participating individuals compared to non-participants every three years. ‘‘(3) A State may provide self-directed personal assistance services under the State plan without regard to the requirements of section 1902(a)(1) and may limit the population eligible to receive these services and limit the number of persons served without regard to section 1902(a)(10)(B). ‘‘(4)(A) For purposes of this subsection, the term ‘self-directed personal assistance services’ means personal care and related services, or home and community-based services otherwise available under the plan under this title or subsection (c), that are provided to an eligible participant under a self-directed personal assistance services program under this section, under which individuals, within an approved self-directed services plan and budget, purchase personal assistance and related services, and permits participants to
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