PERSONAL CARE SERVICES FURNISHED OUTSIDE THE HOME AS OPTIONAL BENEFIT.

SEC. 13601. PERSONAL CARE SERVICES FURNISHED OUTSIDE THE HOME AS OPTIONAL BENEFIT. (a) In General.— Section 1905(a) (42 U.S.C. 1396d(a)) is amended— (1) in paragraph (7), by striking “including personal care services” and all that follows through “nursing facility”; (2) by striking “and” at the end of paragraph (21); (3) in paragraph (24), by striking the comma at the end and inserting a semicolon; (4) by redesignating paragraphs (22), (23), and (24) as paragraphs (25), (22), and (23), respectively, by striking the semicolon at the end of paragraph (25), as so redesignated, and inserting a period, and by transferring and inserting paragraph (25) after paragraph (23), as so redesignated; and 107 STAT. 613 (5) by inserting after paragraph (23), as so redesignated, the following new paragraph: “(24) personal care services furnished to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for the mentally retarded, or institution for mental disease that are (A) authorized for the individual by a physician in accordance with a plan of treatment or (at the option of the State) otherwise authorized for the individual in accordance with a service plan approved by the State, (B) provided by an individual who is qualified to provide such services and who is not a member of the individual’s family, and (C) furnished in a home or other location; and”. (b) Conforming Amendments.— (1) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by striking “through (21)” and inserting “through (24)”. (2) Section 1902(j) (42 U.S.C. 1396a(i)) is amended by striking “through (22)” and inserting “through (25r. (c) Effective Date.— The amendments made by subsections (a) and (b) shall take effect as if included in the enactment of section 4721(a) of OBRA–1990.