Ensuring Access to Direct Support Professionals Act

II 116TH CONGRESS 2D SESSION S. 3220 To amend title XIX of the Social Security Act to clarify that the provision of home and community-based services is not prohibited in an acute care hospital, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 21, 2020 Mr. PORTMAN introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to clarify that the provision of home and community-based services is not prohibited in an acute care hospital, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Access to 4 Direct Support Professionals Act’’. 5 VerDate Sep 11 2014 05:58 Jan 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3220.IS S3220 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3220 IS SEC. 2. PROVIDING HOME AND COMMUNITY-BASED SERV- 1 ICES IN ACUTE CARE HOSPITALS. 2 Section 1902(h) of the Social Security Act (42 U.S.C. 3 1396a(h)) is amended— 4 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; 5 (2) by inserting ‘‘, home and community-based 6 services provided under subsection (c), (d), or (i) of 7 section 1915 or under a waiver under section 1115, 8 self-directed personal assistance services provided 9 pursuant to a written plan of care under section 10 1915(j), and home and community-based attendant 11 services and supports under section 1915(k)’’ before 12 the period; and 13 (3) by adding at the end the following: 14 ‘‘(2) Nothing in this title, title XVIII, or title XI shall 15 be construed as prohibiting receipt of any care or services 16 specified in paragraph (1) in an acute care hospital that 17 are— 18 ‘‘(A) identified in an individual’s person-cen- 19 tered plan of services and supports (or comparable 20 plan of care); 21 ‘‘(B) provided to meet needs of the individual 22 that are not met through the provision of hospital 23 services; 24 VerDate Sep 11 2014 05:58 Jan 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3220.IS S3220 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3220 IS ‘‘(C) not a substitute for services that the hos- 1 pital is obligated to provide through its conditions of 2 participation or under Federal or State law; and 3 ‘‘(D) designed to ensure smooth transitions be- 4 tween acute care settings and home and community- 5 based settings, and to preserve the individual’s func- 6 tions.’’. 7 Æ VerDate Sep 11 2014 05:58 Jan 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S3220.IS S3220 kjohnson on DSK79L0C42PROD with BILLS