Eligibility

An individual is eligible for home care services under this Act if the individual— (1) is entitled to benefits under part A, or enrolled under part B, of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) has been certified, in accordance with section 1861(ooo)(3) of such Act (as added by section 3), as requiring assistance with not fewer than 2 activities of daily living, 2 instrumental activities of daily living, or 1 activity of daily living and 1 instrumental activity of daily living; and (3) is not, at the time Medicare home care services are furnished, receiving long-term services and supports through a State plan (or waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that duplicate the services described in section 1861(ooo).