HR 1721

HR 1721 IH

To amend the Public Health Service Act to help individuals with functional impairments and their families pay for services and supports that they need to maximize their functionality and independence and have choices about community participation, education, and employment, and for other purposes.

March 25, 2009

Mr. PALLONE (for himself, Mr. DINGELL, and Mr. KENNEDY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend the Public Health Service Act to help individuals with functional impairments and their families pay for services and supports that they need to maximize their functionality and independence and have choices about community participation, education, and employment, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Community Living Assistance Services and Supports Act’ or the ‘CLASS Act’.

SEC. 2. PURPOSES.

The purposes of this Act are as follows:

(1) To provide individuals with functional limitations with tools that will allow them to maintain their personal and financial independence and live in the community through a new financing strategy for community living assistance services and supports.

(2) To establish an infrastructure that will help address America’s community living assistance services and supports needs.

(3) To alleviate burdens on family caregivers.

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Purposes.

Sec. 3. Table of contents.

TITLE I--COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS

Sec. 101. Establishment of national voluntary insurance program for purchasing community living assistance services and support.

TITLE II--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 201. Above-the-line deduction for premium costs.

Sec. 202. Credit for premium costs of CLASS enrollees with low-income.

Sec. 203. Credit for costs of employers who elect to automatically enroll employees and withhold class premiums from wages.

Sec. 204. Long-term care insurance includible in cafeteria plans.

TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

TITLE I--COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS

SEC. 101. ESTABLISHMENT OF NATIONAL VOLUNTARY INSURANCE PROGRAM FOR PURCHASING COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORT.

(a) Establishment of Program-

(1) IN GENERAL- The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following:

‘TITLE XXXI--COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS

‘SEC. 3101. DEFINITIONS.

‘In this title:

‘(1) ACTIVE ENROLLEE- The term ‘active enrollee’ means an individual who is enrolled in the CLASS program in accordance with section 3102 and who has paid any premiums due to maintain such enrollment in accordance with section 3103.

‘(2) ACTIVELY AT WORK- The term ‘actively at work’ means an individual who--

‘(A) is reporting for work at the individual’s usual place of employment or at another location to which the individual’s employer requires the individual to travel (or in the case of an individual who is a member of the uniformed services, is on active duty and is physically able to perform the duties of the individual’s position);

‘(B) is able to perform all the usual and customary duties of the individual’s employment on the individual’s regular work schedule; and

‘(C) is not absent from work due to sickness, injury, annual leave, sick leave or any other leave.

‘(3) ACTIVITIES OF DAILY LIVING- The term ‘activities of daily living’ means each of the following activities specified in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986:

‘(A) Eating.

‘(B) Toileting.

‘(C) Transferring.

‘(D) Bathing.

‘(E) Dressing.

‘(F) Continence.

‘(4) CLASS PROGRAM- The term ‘CLASS program’ means the program established under this title.

‘(5) DISABILITY DETERMINATION SERVICE- The term ‘Disability Determination Service’ means, with respect to each State, the entity that has an agreement with the Commissioner of Social Security to make disability determinations for purposes of title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.).

‘(6) ELIGIBLE TIER I BENEFICIARY-

‘(A) IN GENERAL- The term ‘eligible tier I beneficiary’ means any individual who is an active enrollee in the CLASS program and, as of the date described in subparagraph (B)--

‘(i) has paid premiums for enrollment in such program for at least 60 months; and

‘(ii) except as provided in section 3103(e)(2), has paid premiums for enrollment in such program for at least 12 consecutive months if a lapse in premium payments of more than 3 months has occurred during the period that begins on the date of the individual’s enrollment and ends on the date of such determination.

‘(B) DATE DESCRIBED- For purpose of subparagraph (A), the date described in this subparagraph is the date on which the individual is determined--

‘(i) to be unable to perform at least 2 activities of daily living or to require supervision, cueing, or hands-on assistance to plan or perform at least 2 such activities; or

‘(ii) due to a cognitive or psychiatric impairment, to require supervision, cueing, or hands-on assistance to engage in activities that will enable the individual to perform at least 2 of the following critical life functions:

‘(I) Communicating.

‘(II) Taking medications.

‘(III) Household management.

‘(IV) Basic money management.

‘(7) ELIGIBLE TIER II BENEFICIARY- The term ‘eligible tier II beneficiary’ means any individual who is an eligible tier I beneficiary who has been determined--

‘(A) to be unable to perform at least 4 activities of daily living or to require supervision, cueing, or hands-on assistance to plan or perform at least 4 such activities; or

‘(B) due to a cognitive or psychiatric impairment, to require supervision, cueing, or hands-on assistance to engage in activities that will enable the individual to perform at least 4 of the following critical life functions:

‘(i) Communicating.

‘(ii) Taking medications.

‘(iii) Household management.

‘(iv) Basic money management.

‘(8) HOSPITAL; NURSING FACILITY; INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED; INSTITUTION FOR MENTAL DISEASES- The terms ‘hospital’, ‘nursing facility’, ‘intermediate care facility for the mentally retarded’, and ‘institution for mental diseases’ have the meanings given such terms for purposes of Medicaid.

‘(9) INDEPENDENCE FUND- The term ‘Independence Fund’ or ‘Fund’ means the fund established under section 3105.

‘(10) MEDICAID- The term ‘Medicaid’ means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

‘(11) POVERTY LINE- The term ‘poverty line’ has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)).

‘(12) PROTECTION AND ADVOCACY SYSTEM- The term ‘Protection and Advocacy System’ means the system for each State established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).

‘SEC. 3102. AUTOMATIC ENROLLMENT WITH OPT-OUT ELECTION.

Full Text of Legislation