PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 105
(iii) provides a procedure to evaluate expenditures under such budgets. (9) STATE.—The term ‘‘State’’ has the meaning given such term for purposes of title XIX of the Social Security Act. (c) STATE APPLICATION.—A State seeking approval of an MFP demonstration project shall submit to the Secretary, at such time and in such format as the Secretary requires, an application meeting the following requirements and containing such additional information, provisions, and assurances, as the Secretary may require: (1) ASSURANCE OF A PUBLIC DEVELOPMENT PROCESS.—The application contains an assurance that the State has engaged, and will continue to engage, in a public process for the design, development, and evaluation of the MFP demonstration project that allows for input from eligible individuals, the families of such individuals, authorized representatives of such individuals, providers, and other interested parties. (2) OPERATION IN CONNECTION WITH QUALIFIED HCB PROGRAM TO ASSURE CONTINUITY OF SERVICES.—The State will conduct the MFP demonstration project for eligible individuals in conjunction with the operation of a qualified HCB program that is in operation (or approved) in the State for such individuals in a manner that assures continuity of Medicaid coverage for such individuals so long as such individuals continue to be eligible for medical assistance. (3) DEMONSTRATION PROJECT PERIOD.—The application shall specify the period of the MFP demonstration project, which shall include at least 2 consecutive fiscal years in the 5-fiscal-year period beginning with fiscal year 2007. (4) SERVICE AREA.—The application shall specify the service area or areas of the MFP demonstration project, which may be a statewide area or 1 or more geographic areas of the State. (5) TARGETED GROUPS AND NUMBERS OF INDIVIDUALS SERVED.—The application shall specify— (A) the target groups of eligible individuals to be assisted to transition from an inpatient facility to a qualified residence during each fiscal year of the MFP demonstration project; (B) the projected numbers of eligible individuals in each targeted group of eligible individuals to be so assisted during each such year; and (C) the estimated total annual qualified expenditures for each fiscal year of the MFP demonstration project. (6) INDIVIDUAL CHOICE, CONTINUITY OF CARE.—The application shall contain assurances that— (A) each eligible individual or the individual’s authorized representative will be provided the opportunity to make an informed choice regarding whether to participate in the MFP demonstration project; (B) each eligible individual or the individual’s authorized representative will choose the qualified residence in which the individual will reside and the setting in which the individual will receive home and community-based long-term care services; (C) the State will continue to make available, so long as the State operates its qualified HCB program consistent with applicable requirements, home and community-based
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