42 U.S.C. § 1320b–22 — Grants to develop and establish State infrastructures to support working individuals with disabilities

(a) Establishment (1) In general. The Secretary of Health and Human Services must award the grants in subsection (b) to support the design, creation, and operation of State systems that provide items and services supporting working people with disabilities. (2) Application. A State must apply at the time, in the manner, and with the information the Secretary requires. (3) State. Here, “State” means the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. (b) Grants for infrastructure and outreach (1) In general. From subsection (e) funds, the Secretary must award grants to States to— (A) establish, carry out, and operate the systems described in subsection (a); and (B) conduct outreach campaigns about those systems. (2) Eligibility (A) In general. A State may receive a grant only if it shows the Secretary that its Medicaid plan makes personal-assistance services available as needed to let people with disabilities remain employed, including people described in section 1396a(a)(10)(A)(ii)(XIII) if the State elected to cover them. (B) Definitions. (i) “Employed” means— (I) earning at least the applicable minimum wage under section 206 of title 29 and working at least 40 hours each month; or (II) taking part in work that meets substantial and reasonable thresholds for hours, wages, or other measures defined and approved by the Secretary. (ii) “Personal assistance services” means services provided by one or more people to help a person with a disability perform daily activities on or off the job that the person would usually perform without the disability. The services must increase the person’s control over life and ability to perform everyday activities on or off the job. This section does not otherwise define “substantial and reasonable threshold criteria.” (3) Determination of awards (A) In general. Subject to subparagraph (B), the Secretary must develop a yearly grant method that rewards States for encouraging the people in paragraph (2)(A) to work. A State that has not elected the optional Medicaid coverage in paragraph (2)(A) may not receive proportionally more than a State that made that election. (B) Award limits (i) Minimum awards. (I) A State with an approved application normally must receive at least $500,000 for a fiscal year. (II) If the appropriation is too small to pay every approved State that minimum, each receives its pro-rata share of the available amount. (ii) Maximum awards. (I) A State that elected the optional Medicaid coverage may not receive more than 10 percent of that State’s total spending, including the reimbursed Federal share, for that medical assistance, as estimated by the State and approved by the Secretary. (II) For another approved State, the Secretary must set a maximum consistent with that limit. (c) Availability of funds (1) Funds awarded to States remain available until spent. (2) Funds not awarded in the fiscal year for which appropriated remain available in later fiscal years for the Secretary to award. (d) Annual report. A grant State must report annually to the Secretary on how it used the funds. The report must include the percentage increase in the State’s title II disability beneficiaries and title XVI disability beneficiaries, as defined in section 1320b–19, who return to work. (e) Appropriation (1) In general. From Treasury money not otherwise appropriated, Congress appropriates— (A) $20,000,000 for fiscal year 2001; (B) $25,000,000 for 2002; (C) $30,000,000 for 2003; (D) $35,000,000 for 2004; (E) $40,000,000 for 2005; and (F) for each year 2006 through 2011, the prior year’s amount increased by any percentage increase in the Consumer Price Index for All Urban Consumers, United States city average, for the prior year. (2) Budget authority. This subsection is budget authority in advance of appropriations Acts and is the Federal Government’s obligation to pay these amounts. (f) Recommendation. By October 1, 2010, the Secretary, after consulting the Advisory Panel, must recommend to the House Commerce Committee and Senate Finance Committee whether the grant program should continue after fiscal year 2011.