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42 U.S.C. § 280cEstablishment of program

submitted 82 years ago by Pub. L. 100-175 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 301 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds 5 to 20 state grants for home care demonstration projects. The projects help low-income people get home care instead of a nursing home or long hospital stay. States must target funds to older adults and avoid paying for care other programs already cover.

(a) The Secretary, acting through the Administrator of the Health Resources and Services Administration, must give at least 5 but no more than 20 grants to States. States use this money to run demonstration projects that: (1) Find low-income people who could avoid being placed in an institution, or avoid a long hospital stay, if they got skilled medical services, skilled nursing care, homemaker or home health aide help, or personal care services at home. (2) Pay for those services in the person's home. (3) Coordinate how public and private groups deliver those services, and other long-term care services, in the person's home. (b) The Secretary cannot give a State a grant under subsection (a) unless the State agrees that: (1) At least 25 percent of the grant goes to services for people age 65 or older. (2) Of the money set aside to meet that 25 percent rule, at least 10 percent goes to people age 85 or older. (c) A State cannot use grant money to pay for an item or service if payment for it has already been made, or reasonably could be made: (1) Under a State compensation program, an insurance policy, or a federal or state health benefits program; or (2) By an entity that provides health services on a prepaid basis.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make not less than 5, and not more than 20, grants to States for the purpose of assisting grantees in carrying out demonstration projects—

(1)

to identify low-income individuals who can avoid institutionalization or prolonged hospitalization if skilled medical services, skilled nursing care services, homemaker or home health aide services, or personal care services are provided in the homes of the individuals;

(2)

to pay the costs of the provision of such services in the homes of such individuals; and

(3)

to coordinate the provision by public and private entities of such services, and other long-term care services, in the homes of such individuals.

(b) Requirement with respect to age of recipients of services

The Secretary may not make a grant under subsection (a) to a State unless the State agrees to ensure that—

(1)

not less than 25 percent of the grant is expended to provide services under such subsection to individuals who are not less than 65 years of age; and

(2)

of the portion of the grant reserved by the State for purposes of complying with paragraph (1), not less than 10 percent is expended to provide such services to individuals who are not less than 85 years of age.

(c) Relationship to items and services under other programs

A State may not make payments from a grant under subsection (a) for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—

(1)

under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

(2)

by an entity that provides health services on a prepaid basis.

Source credit: (July 1, 1944, ch. 373, title III, § 395, as added Pub. L. 100–175, title VI, § 602, Nov. 29, 1987, 101 Stat. 979; amended Pub. L. 101–557, title I, § 101(a)–(c), Nov. 15, 1990, 104 Stat. 2766; Pub. L. 102–108, § 2(f), Aug. 17, 1991, 105 Stat. 550.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-175 · 101 Stat. 979
  • 1990Amended · Pub. L. 101-557 · 104 Stat. 2766
  • 1991Amended · Pub. L. 102-108 · 105 Stat. 550

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-175 on 1944-07-01.

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