Isaiah Baker and Margie Harris-Austin Act

Isaiah Baker and Margie Harris-Austin Act

This bill allows state Medicaid programs to cover certain home- and community-based services, self-directed personal assistance services, and home- and community-based attendant services that are provided in acute care hospitals. The bill specifies, among other criteria, that such services may not be duplicative of, or serve as a substitute for, necessary or obligatory hospital services.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5443 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5443

   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 HOUSE OF REPRESENTATIVES

                           December 16, 2019

Ms. Scanlon (for herself and Mr. Emmer) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Isaiah Baker and Margie Harris-
Austin Act''.

SEC. 2. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE CARE 
              HOSPITALS.

    Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is 
amended--
            (1) by inserting ``(1)'' after ``(h)'';
            (2) by inserting ``, home and community-based services 
        provided under subsection (c), (d), or (i) of section 1915 or 
        under a waiver under section 1115, self-directed personal 
        assistance services provided pursuant to a written plan of care 
        under section 1915(j), and home and community-based attendant 
        services and supports under section 1915(k)'' before the 
        period; and
            (3) by adding at the end the following:
    ``(2) Nothing in this title, title XVIII, or title XI shall be 
construed as prohibiting receipt of any care or services specified in 
paragraph (1) in an acute care hospital that are--
            ``(A) identified in an individual's person-centered plan of 
        services and supports (or comparable plan of care);
            ``(B) provided to meet needs of the individual that are not 
        met through the provision of hospital services;
            ``(C) not a substitute for services that the hospital is 
        obligated to provide through its conditions of participation or 
        under Federal or State law; and
            ``(D) designed to ensure smooth transitions between acute 
        care settings and home and community-based settings, and to 
        preserve the individual's functions.''.
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