Page:United States Statutes at Large Volume 104 Part 2.djvu/587

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-179 care (other than a waiver under section 1915(c) and other than home health care services described in section 1905(a)(7) and personal care services specified under regulations under section 1905(a)(23)), the State shall report to the Secretary, with respect to each Federal fiscal year (beginning with fiscal year 1990) and in a format developed or approved by the Secretary, the amount of funds obligated by the State with respect to the provision of home and community care to the functionally disabled elderly in that fiscal year. "(B) REDUCTION IN PAYMENT IF FAILURE TO MAINTAIN EFFORT. —If the amount reported under subparagraph (A) by a State with respect to a fiscal year is less than the amount reported under subparagraph (A) with respect to fiscal year 1989, the Secretary shall provide for a reduction in payments to the State under section 1903(a) in an amount equal to the difference between the amounts so reported. ' (f) MINIMUM REQUIREMENTS FOR HOME AND COMMUNITY CARE.— "(1) REQUIREMENTS.— Home and Community care provided under this section must meet such requirements for individuals' rights and quality as are published or developed by the Secretary under subsection (k). Such requirements shall include— "(A) the requirement that individuals providing care are competent to provide such care; and "(B) the rights specified in paragraph (2). "(2) SPECIFIED RIGHTS.— The rights specified in this paragraph are as follows: "(A) The right to be fully informed in advance, orally and in writing, of the care to be provided, to be fully informed in advance of any changes in care to be provided, and (except with respect to an individual determined incompetent) to participate in planning care or changes in care. "(B) The right to voice grievances with respect to services that are (or fail to be) furnished without discrimination or reprisal for voicing grievances, and to be told how to complain to State and local authorities. "(C) The right to confidentiality of personal and clinical records. "(D) The right to privacy and to have one's property treated with respect. "(E) The right to refuse all or part of any care and to be informed of the likely consequences of such refusal. "(F) The right to education or training for oneself and for members of one's family or household on the management of care. "(G) The right to be free from physical or mental abuse, corporal punishment, and any physical or chemical restraints imposed for purposes of discipline or convenience and not included in an individual's ICCP. "(H) The right to be fully informed orally and in writing of the individual's rights. "(I) Guidelines for such minimum compensation for individuals providing such care as will assure the availability and continuity of competent individuals to provide such care for functionally disabled individuals who have functional disabilities of varying levels of severity.