Page:United States Statutes at Large Volume 104 Part 2.djvu/585

This page needs to be proofread.

PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-177 interdisciplinary team designated by the State. The Secretary shall permit a State to provide for assessments and reviews through teams under contracts— "(i) with public organizations; or "(ii) with nonpublic organizations which do not provide home and community care or nursing facility services and do not have a direct or indirect ownership or control interest in, or direct or indirect affiliation or relationship with, an entity that provides, community care or nursing facility services. "(F) CONTENTS OF ASSESSMENT. — The interdisciplinary team must— "(i) identify in each such assessment or review each individual's functional disabilities and need for home and community care, including information about the individual's health status, home and community environment, and informal support system; and "(ii) based on such assessment or review, determine whether the individual is (or continues to be) functionally disabled. The results of such an assessment or review shall be used in establishing, reviewing, and revising the individual's ICCP under subsection (d)(1). "(G) APPEAL PROCEDURES, —Each State which elects to provide home and community care under this section must have in effect an appeals process for individuals adversely affected by determinations under subparagraph (F). '(d) INDIVIDUAL COMMUNITY CARE PLAN (ICCP). — "(1) INDIVIDUAL COMMUNITY CARE PLAN DEFINED. —In this section, the terms 'individual community care plan' and 'ICCP' mean, with respect to a functionally disabled elderly individual, a written plan which— "(A) is established, and is periodically reviewed and revised, by a qualified case manager after a face-to-face interview with the individual or primary caregiver and based upon the most recent comprehensive functional assessment of such individual conducted under subsection (c)(2); "(B) specifies, within any amount, duration, and scope limitations imposed on home and community care provided under the State plan, the home and community care to be provided to such individual under the plan, and indicates the individual's preferences for the types and providers of services; and "(C) may specify other services required by such individual. An ICCP may also designate the specific providers (qualified to provide home and community care under the State plan) which will provide the home and community care described in subparagraph (B). Nothing in this section shall be construed as authorizing an ICCP or the State to restrict the specific persons or individuals (who are competent to provide home and community care under the State plan) who will provide the home and community care described in subparagraph (B). " (2) QUALIFIED COMMUNITY CARE CASE MANAGER DEFINED. — In this section, the term 'qualified community care case manager' means a nonprofit or public agency or organization which—