Page:United States Statutes at Large Volume 124.djvu/952

124 STAT. 926 PUBLIC LAW 111–148—MAR. 23, 2010 (B) QUALITY DATA.—Quality data on a selected set of core quality measures agreed upon by the Secretary and the State that are linked to population-specific out- comes measures and accessible to providers. (C) OUTCOMES MEASURES.—Outcomes measures data on a selected set of core population-specific outcomes meas- ures agreed upon by the Secretary and the State that are accessible to providers and include— (i) measures of beneficiary and family caregiver experience with providers; (ii) measures of beneficiary and family caregiver satisfaction with services; and (iii) measures for achieving desired outcomes appropriate to a specific beneficiary, including employ- ment, participation in community life, health stability, and prevention of loss in function. (d) APPLICABLE PERCENTAGE POINTS INCREASE IN FMAP.—The applicable percentage points increase is— (1) in the case of a balancing incentive payment State subject to the target spending percentage described in sub- section (c)(2)(A), 5 percentage points; and (2) in the case of any other balancing incentive payment State, 2 percentage points. (e) ELIGIBLE MEDICAL ASSISTANCE EXPENDITURES.— (1) IN GENERAL.—Subject to paragraph (2), medical assist- ance described in this subsection is medical assistance for non- institutionally-based long-term services and supports described in subsection (f)(1)(B) that is provided by a balancing incentive payment State under its State Medicaid program during the balancing incentive payment period. (2) LIMITATION ON PAYMENTS.—In no case may the aggre- gate amount of payments made by the Secretary to balancing incentive payment States under this section during the bal- ancing incentive period exceed $3,000,000,000. (f) DEFINITIONS.—In this section: (1) LONG-TERM SERVICES AND SUPPORTS DEFINED.—The term ‘‘long-term services and supports’’ has the meaning given that term by Secretary and may include any of the following (as defined for purposes of State Medicaid programs): (A) INSTITUTIONALLY-BASED LONG-TERM SERVICES AND SUPPORTS.—Services provided in an institution, including the following: (i) Nursing facility services. (ii) Services in an intermediate care facility for the mentally retarded described in subsection (a)(15) of section 1905 of such Act. (B) NON-INSTITUTIONALLY-BASED LONG-TERM SERVICES AND SUPPORTS.—Services not provided in an institution, including the following: (i) Home and community-based services provided under subsection (c), (d), or (i) of section 1915 of such Act or under a waiver under section 1115 of such Act. (ii) Home health care services. (iii) Personal care services.