§280c — Title 42 The Public Health and Welfare | U.S. Code

Summary

The federal government, through the Health Resources and Services Administration (HRSA), must award at least 5 and at most 20 grants to states. These grants pay for demo projects that find low-income people who could avoid nursing homes or long hospital stays if they get care at home, pay for those home services (like skilled medical or nursing care, home health aides, homemaker help, or personal care), and help public and private groups coordinate home and long-term care. Each state must spend at least 25% of its grant on people 65 or older, and of that amount set aside to meet the 25% rule, at least 10% must go to people 85 or older. States cannot use grant money for services already paid for, expected to be paid for, covered by insurance or federal/state health plans, or provided by prepaid health providers.

Title 42, §280c

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make not less than 5, and not more than 20, grants to States for the purpose of assisting grantees in carrying out demonstration projects—

(1)to identify low-income individuals who can avoid institutionalization or prolonged hospitalization if skilled medical services, skilled nursing care services, homemaker or home health aide services, or personal care services are provided in the homes of the individuals;

(2)to pay the costs of the provision of such services in the homes of such individuals; and

(3)to coordinate the provision by public and private entities of such services, and other long-term care services, in the homes of such individuals.

(b)The Secretary may not make a grant under subsection (a) to a State unless the State agrees to ensure that—

(1)not less than 25 percent of the grant is expended to provide services under such subsection to individuals who are not less than 65 years of age; and

(2)of the portion of the grant reserved by the State for purposes of complying with paragraph (1), not less than 10 percent is expended to provide such services to individuals who are not less than 85 years of age.

(c)A State may not make payments from a grant under subsection (a) for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—

(1)under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

(2)by an entity that provides health services on a prepaid basis.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 280C, act

July 1, 1944, ch. 373, title III, § 399A, formerly § 399c, as added Dec. 29, 1973, Pub. L. 93–222, § 3, 87 Stat. 934; renumbered § 399A,

July 29, 1975, Pub. L. 94–63, title VI, § 607(a), (c), 89 Stat. 351, provided for programs designed to assure the quality of health care, prior to repeal by Pub. L. 95–623, § 11(b), Nov. 9, 1978, 92 Stat. 3455. A prior section 395 of act

July 1, 1944, ch. 373, title III, formerly § 397, as added Oct. 22, 1965, Pub. L. 89–291, § 2, 79 Stat. 1063; renumbered § 396 and amended Mar. 13, 1970, Pub. L. 91–212, §§ 2(e), 6(a)(1), (2), 10(c)(3), (d)(2)(A), 84 Stat. 63, 64, 67;

June 18, 1973, Pub. L. 93–45, title I, § 107(d), 87 Stat. 92; renumbered § 395 and amended

July 23, 1974, Pub. L. 93–353, title II, §§ 203(c), 204, 88 Stat. 372, 373, which related to grants for establishing, expanding, and improving basic medical library or related resources, was classified to section 280b–7 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879.

Amendments

1991—Subsec. (a)(1). Pub. L. 102–108 inserted “skilled medical services,” after “if”. 1990—Subsec. (a). Pub. L. 101–557, § 101(a), substituted “shall make not less than 5, and not more than 20, grants” for “shall make not less than 3, and not more than 5, grants”. Subsec. (a)(1). Pub. L. 101–557, § 101(b), substituted “skilled nursing care services, homemaker or home health aide services, or personal care services are provided in the homes of the individuals” for “skilled medical services or related health services (or both) are provided in the homes of the individuals”. Subsec. (b). Pub. L. 101–557, § 101(c), substituted “to ensure that—” and pars. (1) and (2) for “to ensure that not less than 25 percent of individuals receiving services pursuant to subsection (a) of this section are individuals who are not less than 65 years of age”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1987, see section 701(a) of Pub. L. 100–175, set out as an

Effective Date

of 1987 Amendment note under section 3001 of this title.

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For

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of title VI of Pub. L. 100–175, which enacted this part as the “Health Care Services in the Home Act of 1987”, see section 601 of Pub. L. 100–175, set out as a

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of 1987

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note under section 201 of this title.

§280c Establishment of Program

Summary

Title 42, §280c

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Short Title

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Amendments

Citations & Metadata