Application to domestic employees who provide Medicaid-funded services

(a) Regulations To apply domestic employee protections and rights Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services jointly shall develop and issue regulations regarding the application of the protections and rights afforded to domestic employees including personal care aides or assistants who provide services described in subsection (b) that are funded under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or under a waiver of such plan, including through a contract or other arrangement with a managed care entity (as defined in section 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 1396u–2(a)(1)(B))), to individuals enrolled in such plan or waiver. The regulations issued under this subsection shall recognize the role of self-directed care for individuals with disabilities and shall— (1) protect, stabilize, and expand the domestic employee and personal care aide or assistant workforce; (2) recognize the role of self-directed care for individuals with disabilities; (3) prohibit States from requiring individuals with disabilities who self-direct their care to use their direct service budget to pay for costs resulting from the application of such protections and rights to domestic employees (such as paid sick time, penalties, or overtime pay) except to the extent that such costs are directly related to the provision of services described in subsection (b) to such individuals; (4) facilitate Federal and State compliance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) and companion cases; and (5) prohibit States from reducing the level at which States make medical assistance for the services described in subsection (b) available under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan as a result of the application of protections and rights afforded to domestic employees who provide such services. (b) Services described The services described in this subsection are the following: (1) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (2) Personal care services authorized under paragraph (24) of such section. (3) PACE services authorized under paragraph (26) of such section. (4) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u–7). (5) Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)). (6) Rehabilitative services, including those related to behavioral health described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). (7) Such other services specified by the Secretary of Health and Human Services.