PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 107
requirements of subsection (c)(2)(D) of such section or comparable requirements under subsection (d)(5) of such section, respectively. (10) WAIVER REQUESTS.—The application shall contain or be accompanied by requests for any modification or adjustment of waivers of Medicaid requirements described in subsection (d)(3), including adjustments to the maximum numbers of individuals included and package of benefits, including onetime transitional services, provided. (11) QUALITY ASSURANCE AND QUALITY IMPROVEMENT.—The application shall include— (A) a plan satisfactory to the Secretary for quality assurance and quality improvement for home and community-based long-term care services under the State Medicaid program, including a plan to assure the health and welfare of individuals participating in the MFP demonstration project; and (B) an assurance that the State will cooperate in carrying out activities under subsection (f) to develop and implement continuous quality assurance and quality improvement systems for home and community-based longterm care services. (12) OPTIONAL PROGRAM FOR SELF-DIRECTED SERVICES.— If the State elects to provide for any home and communitybased long-term care services as self-directed services (as defined in subsection (b)(8)) under the MFP demonstration project, the application shall provide the following: (A) MEETING REQUIREMENTS.—A description of how the project will meet the applicable requirements of such subsection for the provision of self-directed services. (B) VOLUNTARY ELECTION.—A description of how eligible individuals will be provided with the opportunity to make an informed election to receive self-directed services under the project and after the end of the project. (C) STATE SUPPORT IN SERVICE PLAN DEVELOPMENT.— Satisfactory assurances that the State will provide support to eligible individuals who self-direct in developing and implementing their service plans. (D) OVERSIGHT OF RECEIPT OF SERVICES.—Satisfactory assurances that the State will provide oversight of eligible individual’s receipt of such self-directed services, including steps to assure the quality of services provided and that the provision of such services are consistent with the service plan under such subsection. Nothing in this section shall be construed as requiring a State to make an election under the project to provide for home and community-based long-term care services as self-directed services, or as requiring an individual to elect to receive selfdirected services under the project. (13) REPORTS AND EVALUATION.—The application shall provide that— (A) the State will furnish to the Secretary such reports concerning the MFP demonstration project, on such timetable, in such uniform format, and containing such information as the Secretary may require, as will allow for reliable comparisons of MFP demonstration projects across States; and
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