135 
‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE 
FOR CERTAIN SERVICES PROVIDED BY DOMESTIC EM-
PLOYEES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(b) and subsection (y), with respect to amounts ex-
pended by a State for medical assistance described 
in paragraph (3) that is provided by a domestic em-
ployee (as such term is defined in section 3 of the 
Domestic Workers Bill of Rights Act) during a fiscal 
quarter that occurs in the 20-quarter period begin-
ning with the first fiscal quarter that begins on or 
after the date of enactment of this subsection, the 
Federal medical assistance percentage otherwise de-
termined under subsection (b) and subsection (y) for 
the State and quarter shall, after the application of 
any other increase to the Federal medical assistance 
percentage for the State and quarter applicable 
under any other provision of law, be increased (not 
to exceed 100 percent) by the applicable number of 
percentage points determined for the State under 
paragraph (2). 
‘‘(2) APPLICABLE
NUMBER
OF
PERCENTAGE 
POINTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the Secretary shall determine the ap-
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136 
plicable number of percentage points for each 
State. 
‘‘(B) CONSIDERATIONS.—In determining 
the applicable number of percentage points for 
a State under this subsection, the Secretary 
shall— 
‘‘(i) estimate the increase in costs to 
the State of furnishing medical assistance 
described in paragraph (3) that is provided 
by a domestic employee (as such term is 
defined in section 3 of the Domestic Work-
ers Bill of Rights Act) that is attributable 
to the requirements of such Act and the 
amendments made by such Act with re-
spect to labor protections and benefits for 
domestic employees; and 
‘‘(ii) determine the appropriate num-
ber of percentage points by which to in-
crease the Federal medical assistance per-
centage otherwise determined for the State 
under subsection (b) or (y) to ensure that 
such increase in costs does not result in 
the State reducing the level of medical as-
sistance described paragraph (3) that is 
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provided by domestic employees under the 
State plan (or a waiver of such plan). 
‘‘(3) MEDICAL
ASSISTANCE
DESCRIBED.—The 
medical assistance described in this paragraph is the 
following: 
‘‘(A) Home health care services authorized 
under paragraph (7) of subsection (a). 
‘‘(B) Personal care services authorized 
under paragraph (24) of such subsection. 
‘‘(C) PACE services authorized under 
paragraph (26) of such subsection. 
‘‘(D) Home and community-based services 
authorized under subsections (b), (c), (i), (j), 
and (k) of section 1915, such services author-
ized under a waiver under section 1115, and 
such services provided through coverage author-
ized under section 1937. 
‘‘(E) Case management services authorized 
under subsection (a)(19) and section 1915(g). 
‘‘(F) 
Rehabilitative 
services, 
including 
those related to behavioral health, described in 
subsection (a)(13). 
‘‘(G) Such other services specified by the 
Secretary. 
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‘‘(4) MAINTENANCE
OF
EFFORT
REQUIRE-
MENT.—A State may not receive the increase de-
scribed in paragraph (1) with respect to a quarter 
if the eligibility standards, methodologies, or proce-
dures applicable to the provision of medical assist-
ance described in paragraph (3) under the State 
plan (or waiver of such plan) are more restrictive 
during such quarter than the eligibility standards, 
methodologies, or procedures, respectively, applicable 
to the provision of such assistance under such plan 
(or waiver) as in effect on the date of enactment of 
this subsection. 
‘‘(5) DISREGARD FROM TERRITORIAL PAYMENT 
CAPS.—Any payment made to Puerto Rico, the Vir-
gin Islands, Guam, the Northern Mariana Islands, 
or American Samoa that is subject to the Federal 
medical assistance percentage increase specified 
under paragraph (1) shall not be taken into account 
for purposes of applying payment limits under sub-
sections (f) and (g) of section 1108.’’. 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act, and the amendments made by this Act, such 
sums as may be necessary. 
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TITLE V—SEVERABILITY 
SEC. 501. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act, or an amendment made by this 
Act, or the application of such provision or amendment 
to other persons or circumstances, shall not be affected. 
Æ 
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