PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 103
(A) who, immediately before beginning participation in the MFP demonstration project— (i) resides (and has resided, for a period of not less than 6 months or for such longer minimum period, not to exceed 2 years, as may be specified by the State) in an inpatient facility; (ii) is receiving Medicaid benefits for inpatient services furnished by such inpatient facility; and (iii) with respect to whom a determination has been made that, but for the provision of home and community-based long-term care services, the individual would continue to require the level of care provided in an inpatient facility and, in any case in which the State applies a more stringent level of care standard as a result of implementing the State plan option permitted under section 1915(i) of the Social Security Act, the individual must continue to require at least the level of care which had resulted in admission to the institution; and (B) who resides in a qualified residence beginning on the initial date of participation in the demonstration project. (3) INPATIENT FACILITY.—The term ‘‘inpatient facility’’ means a hospital, nursing facility, or intermediate care facility for the mentally retarded. Such term includes an institution for mental diseases, but only, with respect to a State, to the extent medical assistance is available under the State Medicaid plan for services provided by such institution. (4) MEDICAID.—The term ‘‘Medicaid’’ means, with respect to a State, the State program under title XIX of the Social Security Act (including any waiver or demonstration under such title or under section 1115 of such Act relating to such title). (5) QUALIFIED HCB PROGRAM.—The term ‘‘qualified HCB program’’ means a program providing home and communitybased long-term care services operating under Medicaid, whether or not operating under waiver authority. (6) QUALIFIED RESIDENCE.—The term ‘‘qualified residence’’ means, with respect to an eligible individual— (A) a home owned or leased by the individual or the individual’s family member; (B) an apartment with an individual lease, with lockable access and egress, and which includes living, sleeping, bathing, and cooking areas over which the individual or the individual’s family has domain and control; and (C) a residence, in a community-based residential setting, in which no more than 4 unrelated individuals reside. (7) QUALIFIED EXPENDITURES.—The term ‘‘qualified expenditures’’ means expenditures by the State under its MFP demonstration project for home and community-based longterm care services for an eligible individual participating in the MFP demonstration project, but only with respect to services furnished during the 12-month period beginning on the date the individual is discharged from an inpatient facility referred to in paragraph (2)(A)(i). (8) SELF-DIRECTED SERVICES.—The term ‘‘self-directed’’ means, with respect to home and community-based long-term
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