124 STAT. 298 PUBLIC LAW 111–148—MAR. 23, 2010 instrumental activities of daily living, and health related tasks, the home and community-based attendant services and supports made available include— ‘‘(i) the acquisition, maintenance, and enhance- ment of skills necessary for the individual to accom- plish activities of daily living, instrumental activities of daily living, and health related tasks; ‘‘(ii) back-up systems or mechanisms (such as the use of beepers or other electronic devices) to ensure continuity of services and supports; and ‘‘(iii) voluntary training on how to select, manage, and dismiss attendants. ‘‘(C) EXCLUDED SERVICES AND SUPPORTS.—Subject to subparagraph (D), the home and community-based attend- ant services and supports made available do not include— ‘‘(i) room and board costs for the individual; ‘‘(ii) special education and related services provided under the Individuals with Disabilities Education Act and vocational rehabilitation services provided under the Rehabilitation Act of 1973; ‘‘(iii) assistive technology devices and assistive technology services other than those under (1)(B)(ii); ‘‘(iv) medical supplies and equipment; or ‘‘(v) home modifications. ‘‘(D) PERMISSIBLE SERVICES AND SUPPORTS.—The home and community-based attendant services and supports may include— ‘‘(i) expenditures for transition costs such as rent and utility deposits, first month’s rent and utilities, bedding, basic kitchen supplies, and other necessities required for an individual to make the transition from a nursing facility, institution for mental diseases, or intermediate care facility for the mentally retarded to a community-based home setting where the indi- vidual resides; and ‘‘(ii) expenditures relating to a need identified in an individual’s person-centered plan of services that increase independence or substitute for human assist- ance, to the extent that expenditures would otherwise be made for the human assistance. ‘‘(2) INCREASED FEDERAL FINANCIAL PARTICIPATION.—For purposes of payments to a State under section 1903(a)(1), with respect to amounts expended by the State to provide medical assistance under the State plan for home and community- based attendant services and supports to eligible individuals in accordance with this subsection during a fiscal year quarter occurring during the period described in paragraph (1), the Federal medical assistance percentage applicable to the State (as determined under section 1905(b)) shall be increased by 6 percentage points. ‘‘(3) STATE REQUIREMENTS.—In order for a State plan amendment to be approved under this subsection, the State shall— ‘‘(A) develop and implement such amendment in collaboration with a Development and Implementation Council established by the State that includes a majority of members with disabilities, elderly individuals, and their Establishment.
