S762-118

Introduced

To amend title XIX of the Social Security Act to require coverage of, and expand access to, home and community-based services under the Medicaid program, to award grants for the creation, recruitment, training and education, retention, and advancement of the direct care workforce and to award grants to support family caregivers, and for other purposes.

118th Congress Introduced Mar 9, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The HCBS Access Act requires all state Medicaid programs to cover home and community-based services for people with disabilities and older adults, eliminating the need for states to apply for special waivers. The federal government would pay 100% of the costs for these services, which include personal care, nursing, transportation, housing support, and assistive technology.

Who Benefits and How

People with disabilities and older adults benefit by gaining guaranteed access to services that allow them to live in their communities rather than institutions, with waiting lists eliminated. Direct care workers (home health aides, personal care attendants) benefit from requirements for living wages and workforce development programs. Family caregivers benefit from respite care and support services. States benefit from 100% federal funding for HCBS.

Who Bears the Burden and How

The federal government bears significantly increased costs (100% FMAP for HCBS). States must develop implementation plans, meet new reporting requirements, and ensure adequate provider payments. Healthcare providers must meet new quality metrics and reporting standards.

Key Provisions

  • Mandates HCBS coverage under Medicaid with eligibility based on functional impairment (2+ ADL/IADL limitations)
  • Provides 100% federal matching for HCBS costs
  • Expands Medicaid eligibility to 150% of poverty or 300% of SSI for HCBS-eligible individuals
  • Requires states to address workforce issues including living wages for direct care workers
  • Sunsets existing Section 1915 HCBS waivers after 5 years

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Mandates comprehensive home and community-based services (HCBS) coverage under Medicaid with 100% federal funding to eliminate waiting lists and support people with disabilities and older adults living in their communities

Key Policy Areas

Healthcare, Disability Rights, Medicaid, Labor, Social Services

Primary Purpose

Mandates comprehensive home and community-based services (HCBS) coverage under Medicaid with 100% federal funding to eliminate waiting lists and support people with disabilities and older adults living in their communities

Policy Domains

Healthcare Disability Rights Medicaid Labor Social Services

Title I - Medicaid Home and Community-Based Services

Identified Gains
Contextual inference, no direct clause citation
  • People with disabilities
  • Older adults
  • Direct care workers
  • Family caregivers
  • States
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal government
  • State Medicaid agencies
  • Healthcare providers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Mar 9, 2023

Mr. Casey (for himself, Ms. Hassan, Mr. Brown, Mr. Kaine, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Home Health Care Services
15 mentions across 12 clauses
+14 positive -1 negative

Direct care professionals, Direct care workers, Direct care workforce

Positive-direction: Direct care professionals, Direct care workers, Direct care workforce, Direct care workforce programs, Direct support professionals, Family caregivers, Home care agencies, Home care service providers

Negative-direction: HCBS providers

Healthcare
8 mentions across 6 clauses
+8 positive

HCBS recipients, Married couples with one member needing HCBS, Moderate-income individuals needing HCBS

Educational Services
7 mentions across 6 clauses
+5 positive -2 negative

Community colleges, Community colleges and training providers, Direct care workforce training programs

Positive-direction: Community colleges, Community colleges and training providers, Direct care workforce training programs, Training and education providers, Workforce training organizations

Negative-direction: Grant applicant organizations, Grant recipient organizations

State & Local Government
7 mentions across 7 clauses
+2 positive -5 negative

State Medicaid agencies, State Medicaid programs

Positive-direction: State Medicaid agencies

Negative-direction: State Medicaid programs

Government
6 mentions across 5 clauses
+1 positive -5 negative

Agency for Healthcare Research and Quality, Centers for Medicare & Medicaid Services, Department of Health and Human Services

Positive-direction: Labor statisticians and workforce planners

Negative-direction: Agency for Healthcare Research and Quality, Centers for Medicare & Medicaid Services, Department of Health and Human Services, Office of Management and Budget

Research & Science
2 mentions across 1 clause
+2 positive

HCBS policy researchers, National Academy of Medicine

Nursing And Residential Care Facilities
1 mention across 1 clause
-1 negative

Nursing homes and institutional facilities

Taxpayers
1 mention across 1 clause
-1 negative

Taxpayers

19/21
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Healthcare Medicaid Disability Rights
Actor Mappings
"the_director"
→ Director of Agency for Healthcare Research and Quality
"the_secretary"
→ Secretary of Health and Human Services
"the_administrator"
→ Administrator of Centers for Medicare and Medicaid Services

Key Definitions

Terms defined in this bill

4 terms
"demographics" §2

Information relating to races, ethnicities, genders, sexual orientations, gender identities, geographic locations, incomes, primary languages, types of service setting, and disability types represented within a particular group

"home and community-based services" §102(jj)(1)

Services furnished to eligible individuals based on individualized assessment in a community setting, including personal assistance, supported employment, respite, case management, housing support, and more

"eligible individual" §102(jj)(3)(A)

An individual with a functional impairment expected to last at least 90 days, or currently receiving HCBS under existing waivers, or under age 21 and eligible under the State plan

"functional impairment" §102(jj)(3)(B)

Inability to perform without assistance: 2+ activities of daily living, 2+ instrumental activities of daily living, or 1 of each

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology