§1320b–22 Grants to Develop and Establish State Infrastructures to Support Working Individuals with Disabilities

Summary

Provides grants to States to build, run, and promote systems that give services to help working people with disabilities keep jobs. States must apply to the Secretary of Health and Human Services to get a grant. "State" means the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. Grants pay for creating the system, operating it, and outreach about the system. To get a grant, a State must show it makes personal assistance services available under its Medicaid state plan (subchapter XIX) as needed to help people with disabilities remain employed. Defined terms: "employed" means either earning at least the federal minimum wage and working at least 40 hours a month, or meeting other work standards the Secretary approves; "personal assistance services" means help with daily activities on and off the job to increase independence. The Secretary must make a fair formula to reward States that help people work and to keep funding balances fair between States that do or do not elect certain Medicaid coverage. No approved State grant may be under $500,000 unless total funds are too small, in which case payments are cut pro rata. A State that elected the Medicaid option may not get more than 10% of its total spending for those covered people in a year, and the Secretary will set comparable caps for other States. Grant funds stay available until spent, and unawarded funds roll forward. States must send an annual report showing, among other things, the percentage increase in Title II and Title XVI disability beneficiaries in the State who return to work. Funding was set at $20,000,000 for FY2001, $25,000,000 for FY2002, $30,000,000 for FY2003, $35,000,000 for FY2004, $40,000,000 for FY2005, and for each of FY2006–FY2011 the prior year amount increased by the percent change in the Consumer Price Index for All Urban Consumers. By October 1, 2010, the Secretary must report to the House Commerce Committee and Senate Finance Committee on whether the grant program should continue after FY2011.