124 STAT. 305 PUBLIC LAW 111–148—MAR. 23, 2010 (2) EVALUATION.—Paragraphs (2) and (3) of section 6071(g) of such Act is amended are each amended by striking ‘‘2011’’ and inserting ‘‘2016’’. (b) REDUCTION OF INSTITUTIONAL RESIDENCY PERIOD.— (1) IN GENERAL.—Section 6071(b)(2) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended— (A) in subparagraph (A)(i), by striking ‘‘, 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’’ and inserting ‘‘for a period of not less than 90 consecutive days’’; and (B) by adding at the end the following: ‘‘Any days that an individual resides in an institution on the basis of having been admitted solely for purposes of receiving short-term rehabilitative services for a period for which pay- ment for such services is limited under title XVIII shall not be taken into account for purposes of determining the 90- day period required under subparagraph (A)(i).’’. (2) EFFECTIVE DATE.—The amendments made by this sub- section take effect 30 days after the date of enactment of this Act. SEC. 2404. PROTECTION FOR RECIPIENTS OF HOME AND COMMUNITY- BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. During the 5-year period that begins on January 1, 2014, section 1924(h)(1)(A) of the Social Security Act (42 U.S.C. 1396r– 5(h)(1)(A)) shall be applied as though ‘‘is eligible for medical assist- ance for home and community-based services provided under sub- section (c), (d), or (i) of section 1915, under a waiver approved under section 1115, or who is eligible for such medical assistance by reason of being determined eligible under section 1902(a)(10)(C) or by reason of section 1902(f) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care, or who is eligible for medical assistance for home and community-based attendant services and supports under section 1915(k)’’ were substituted in such section for ‘‘(at the option of the State) is described in section 1902(a)(10)(A)(ii)(VI)’’. SEC. 2405. FUNDING TO EXPAND STATE AGING AND DISABILITY RESOURCE CENTERS. Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Serv- ices, acting through the Assistant Secretary for Aging, $10,000,000 for each of fiscal years 2010 through 2014, to carry out subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012). SEC. 2406. SENSE OF THE SENATE REGARDING LONG-TERM CARE. (a) FINDINGS.—The Senate makes the following findings: (1) Nearly 2 decades have passed since Congress seriously considered long-term care reform. The United States Bipartisan Commission on Comprehensive Health Care, also know as the ‘‘Pepper Commission’’, released its ‘‘Call for Action’’ blueprint for health reform in September 1990. In the 20 years since those recommendations were made, Congress has never acted on the report. (2) In 1999, under the United States Supreme Court’s decision in Olmstead v. L .C., 527 U.S. 581 (1999), individuals Time period. Applicability. 42 USC 1396r–5 note. 42 USC 1396a note.
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