§300ll. Purpose

The purpose of this subchapter is to establish a national voluntary insurance program for purchasing community living assistance services and supports in order to-

(1) 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) establish an infrastructure that will help address the Nation's community living assistance services and supports needs;

(3) alleviate burdens on family caregivers; and

(4) address institutional bias by providing a financing mechanism that supports personal choice and independence to live in the community.

(July 1, 1944, ch. 373, title XXXII, §3201, as added Pub. L. 111–148, title VIII, §8002(a)(1), Mar. 23, 2010, 124 Stat. 828 .)

Effective Date

Pub. L. 111–148, title VIII, §8002(e), Mar. 23, 2010, 124 Stat. 847 , provided that: "The amendments made by subsections (a), (b), and (d) [enacting this subchapter, amending section 1396a of this title, and amending provisions set out as a note under section 1396p of this title] take effect on January 1, 2011."

Construction

Pub. L. 111–148, title VIII, §8002(f), Mar. 23, 2010, 124 Stat. 847 , provided that: "Nothing in this title [enacting this subchapter, amending section 1396a of this title, enacting provisions set out as notes under this section and section 201 of this title, and amending provisions set out as a note under section 1396p of this title] or the amendments made by this title are [sic] intended to replace or displace public or private disability insurance benefits, including such benefits that are for income replacement."

Personal Care Attendants Workforce Advisory Panel

Pub. L. 111–148, title VIII, §8002(c), Mar. 23, 2010, 124 Stat. 846 , provided that:

"(1) Establishment.-Not later than 90 days after the date of enactment of this Act [Mar. 23, 2010], the Secretary of Health and Human Services shall establish a Personal Care Attendants Workforce Advisory Panel for the purpose of examining and advising the Secretary and Congress on workforce issues related to personal care attendant workers, including with respect to the adequacy of the number of such workers, the salaries, wages, and benefits of such workers, and access to the services provided by such workers.

"(2) Membership.-In appointing members to the Personal Care Attendants Workforce Advisory Panel, the Secretary shall ensure that such members include the following:

"(A) Individuals with disabilities of all ages.

"(B) Senior individuals.

"(C) Representatives of individuals with disabilities.

"(D) Representatives of senior individuals.

"(E) Representatives of workforce and labor organizations.

"(F) Representatives of home and community-based service providers.

"(G) Representatives of assisted living providers."