To amend the Social Security Act to establish a lifecare long-term care program, and for other purposes.
Lifecare Long-Term Care Protection Act - Adds a new title to the Social Security Act: Lifecare Long-Term Care Protection Program. Requires Long-Term Care Screening Agencies to assess individuals' eligibility for home and community-based care and Long-Term Care Case Management Agencies to conduct comprehensive needs assessments of eligible individuals, develop plans of care for such individuals, review such plans at least once every three months, and maintain a registry of qualified providers of home and community-based and nursing home care to assist individuals in choosing qualified providers to carry out the care plan. Sets the method for determining State fund contributions.
Sets forth eligibility requirements for home and community-based care services, including requirements that the individual be: (1) 65 or older, under age 19, or eligible for benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act as the result of a disability; and (2) dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State.
Directs the Secretary of Health and Human Services to make monthly payments to each case management agency equal to amounts allotted by the screening agency for eligible individuals in the case management agency's jurisdiction. Requires such agencies to make direct payments to qualified providers of home and community-based care which shall be accepted as payment in full for such services. Limits payments for home health and community-based care for the next three years to 65 percent of the average amount payable for Medicare nursing home care and, for subsequent years, to the costs of nursing home care minus the costs of room and board. Allots payments among individuals on the basis of severity of need, with chronically-ill individuals receiving amounts equivalent to Medicaid (title XIX of the Social Security Act) payments for institutional care. Requires a copayment by beneficiaries.
Establishes the Home and Community-Based Care Advisory Council to review and assist the Secretary in the implementation of home and community-based care.
Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each case management agency.
Establishes a home and community-based care consumers' bill of rights. Imposes quality assurance requirements on providers of such care, including the requirement that they implement consumer grievance review mechanisms, ensure that their employees and other providers whom they have under contract have received adequate training, and annually evaluate the care furnished by such employees and providers.
Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures.
Provides, subject to certain limitations, for nursing facility services for up to six months for individuals who are eligible for home and community-based care services. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge.
Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Covers a portion of a low-income individual's premium and room and boards costs. Requires the Secretary to give individuals the option of purchasing coverage of nursing home stays exceeding six months without regard to age.
Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors.
Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly, the disabled, and chronically ill children and in the administration of such programs. Authorizes appropriations through FY 1993.
Requires that grants be made to State approved programs to train individuals in the provision of home health aide services. Authorizes appropriations through FY 1993.
Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations through FY 1993.
Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations through FY 1994.
Directs the Secretary to conduct demonstration projects to determine: (1) the relative effectiveness of using different models of long-term home care services for seriously mentally ill individuals and family caregivers; and (2) the feasibility of providing long-term home care benefits for working-age individuals with severe functional limitations.
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health and the Environment.
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