(24) The Department of Health and Human 
Services no longer provides technical assistance or 
facilitates discussions of best practices for improving 
long-term care savings under the Medicaid program 
among States participating in the State Long-Term 
Care Partnership Program. 
(25) The Department of Health and Human 
Services has made no attempts to— 
(A) track the sale of long-term care insur-
ance policies to middle-income purchasers (who 
might otherwise rely upon Medicaid to finance 
long-term care services) under the State Long- 
Term Care Partnership Program; or 
(B) to facilitate discussion among States 
and large employers about best practices for ex-
panding long-term care insurance coverage 
among middle-income purchasers. 
(26) The Department of Health and Human 
Services does not consistently measure the results of 
its taxpayer-funded efforts to increase Americans’ 
long-term care awareness and has no current plans 
to coordinate with State Governors to raise such 
awareness. 
(27) Budget experts, including one former Di-
rector of the Congressional Budget Office, have 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
warned that the insurance program established by 
the CLASS Act would increase the deficit over the 
long term, instead of significantly reducing spending 
on long-term care under the Medicaid program. 
Credible long-term care reform proposals must ad-
dress Medicaid’s long-term care financing problems 
without increasing Federal deficits. 
SEC. 3. SENSE OF CONGRESS. 
It is a sense of Congress that— 
(1) Congress should repeal the failed CLASS 
Act; 
(2) Federal and State governments should work 
to reduce the number of middle-income individuals 
in the United States who will rely on Medicaid to fi-
nance their long-term care needs by— 
(A) working to make private long-term 
care insurance more reliable and affordable; 
(B) building a broad coalition to coordi-
nate a national campaign to better educate mid-
dle-income individuals in the United States on 
their eventual need for long-term care services, 
coverage limitations under Medicare and Med-
icaid, and the benefits of purchasing private 
coverage and planning for retirement; 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
(C) making the long-term care insurance 
partnerships established as a result of section 
6021 of the Deficit Reduction Act of 2005 
(Public Law 109–171) more effective by in-
creasing enrollment among middle-income indi-
viduals in the United States in long-term care 
insurance policies; and 
(D) giving States flexibility to change eligi-
bility rules to protect Medicaid long-term care 
as a safety net for poor Americans who need it 
most; and 
(3) the Secretary of Health and Human Serv-
ices should comply with the annual reporting re-
quirements under section 6021(c) of the Deficit Re-
duction Act of 2005 (Public Law 109–171) (relating 
to long-term care insurance partnerships) and pro-
mote discussion about the consequences that families 
and States might encounter if nothing is done to 
change the trajectory of projected State and Federal 
spending on long-term care services under the Med-
icaid program under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.). 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 4. TECHNICAL ASSISTANCE AND BEST PRACTICES. 
(a) LONG-TERM CARE PARTNERSHIPS.—The Sec-
retary of Health and Human Services shall provide to 
States— 
(1) technical assistance on the implementation 
and administration of qualified State long-term care 
insurance partnerships (as such term is defined in 
section 1917(b)(1)(C)(iii) of the Social Security Act 
(42 U.S.C. 1396p(b)(1)(C)(iii))); and 
(2) information on best practices for qualified 
State long-term care insurance partnerships, for the 
purpose of reducing future State and Federal ex-
penditures on long-term care services under the 
Medicaid program under title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.). 
(b) ESTATE RECOVERY REQUIREMENTS.—The Sec-
retary of Health and Human Services shall— 
(1) provide technical assistance to States on re-
quirements related to the mandate to seek recoveries 
from estates under section 1917(b)(1) of the Social 
Security Act (42 U.S.C. 1396p(b)(1)); and 
(2) hold an annual event to assist States in 
evaluating methods of implementing such require-
ments and exchanging best practices information on 
such methods of implementation. 
VerDate Mar 15 2010 
23:02 Aug 14, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
SEC. 5. NATIONAL CLEARINGHOUSE FOR LONG-TERM CARE 
INFORMATION. 
(a) NATIONAL CLEARINGHOUSE
FOR LONG-TERM 
CARE INFORMATION PUBLIC-PRIVATE INITIATIVE.—Sec-
tion 6021(d) of the Deficit Reduction Act of 2005 is 
amended— 
(1) by redesignating paragraph (3) as para-
graph (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) COORDINATION OF CONSUMER EDUCATION 
THROUGH
PUBLIC-PRIVATE
INITIATIVE.—The Sec-
retary of Health and Human Services, acting 
through the National Clearinghouse for Long-Term 
Care Information, shall establish a public-private ini-
tiative to coordinate among the Clearinghouse, State 
governments, and relevant nongovernmental entities 
for the purpose of— 
‘‘(A) increasing the number of targeted 
middle-income individuals in the United States 
(as defined by the Secretary) who receive con-
sumer education on— 
‘‘(i) the availability and limitations of 
coverage for long-term care under the 
Medicaid and Medicare programs; 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(ii) the availability of long-term care 
insurance and other private market options 
for purchasing long-term care coverage and 
services; and 
‘‘(iii) best practices for individuals 
and families who seek to prepare for their 
long-term care needs (including best prac-
tices for financial planning related to plan-
ning for the cost of such care); 
‘‘(B) enhancing the quality of information 
that targeted consumers receive under clauses 
(i) through (iii) of subparagraph (A); and 
‘‘(C) improving the accessibility of such in-
formation for consumers who seek out such in-
formation.’’. 
(b) EXPANSION OF CLEARINGHOUSE DUTIES TO IN-
CLUDE MEDICARE LIMITATIONS.—Subparagraph (A) of 
section 6021(d)(2) of the Deficit Reduction Act of 2005 
is amended— 
(1) by redesignating clauses (ii), (iii), and (iv) 
as clauses (iii), (iv), and (v), respectively; and 
(2) by inserting after clause (i) the following: 
‘‘(ii) educate consumers with respect 
to the availability and limitations of cov-
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
erage for long-term care under the Medi-
care program;’’. 
(c) ANNUAL
REPORTS
TO
CONGRESS.—Section 
6021(d) of the Deficit Reduction Act of 2005 is further 
amended by inserting after paragraph (3), as added by 
subsection (a), the following: 
‘‘(4) ANNUAL REPORTS.— 
‘‘(A) IN
GENERAL.—Beginning not later 
than 1 year after the date of the enactment of 
the Medicaid Long-Term Care Reform Act of 
2012, the Secretary of Health and Human 
Services shall submit to the Congress an annual 
report on the activities of the National Clear-
inghouse for Long-Term Care Information. 
‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include an analysis of the 
extent to which— 
‘‘(i) the National Clearinghouse for 
Long-Term Care Information has engaged 
nongovernmental entities in the public-pri-
vate initiative described in paragraph (3); 
‘‘(ii) such initiative has increased the 
awareness of targeted consumers about 
issues related to accessing and financing 
long-term care; and 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(iii) such initiative has caused con-
sumers to take measurable actions to plan 
for accessing and financing such care.’’. 
SEC. 6. EVALUATION OF POLICY OPTIONS AND REPORT. 
(a) STUDY
AND EVALUATION
OF METHODS
AND 
POLICIES
TO
REDUCE
DEPENDENCE
ON
MEDICAID 
LONG-TERM CARE FINANCING.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall— 
(A) evaluate methods to expand long-term 
care insurance coverage for middle-income indi-
viduals in the United States through the State 
Long-Term Care Partnership Program under 
section 6021 of the Deficit Reduction Act of 
2005 (Public Law 109–171), for the purpose of 
improving retirement security and long-term 
care options for such individuals; 
(B)(i) solicit ideas from the stakeholders 
listed in subsection (c) on policy options that 
could reduce projected State and Federal long- 
term care expenditures under the Medicaid pro-
gram; and 
(ii) subject to paragraphs (2) and (3), 
evaluate the policy options collected under 
clause (i), as well as other appropriate options 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
to reduce such expenditures, including the op-
tion of providing a block grant to States of 
Medicaid funds for long-term care services; and 
(C) conduct a study evaluating the effec-
tiveness of Federal laws relating to— 
(i) treatment of assets for purposes of 
determining eligibility for Medicaid long- 
term care services; 
(ii) estate recovery under the Med-
icaid program; 
(iii) the look-back period for transfers 
of assets for purposes of Medicaid eligi-
bility under section 1917(c) of the Social 
Security Act (42 U.S.C. 1396p(c)), includ-
ing the hardship waiver process under such 
section and section 6011 of the Deficit Re-
duction Act of 2005; and 
(iv) section 1917(f) of the Social Se-
curity Act (42 U.S.C. 1396p(f)), relating 
to the disqualification of individuals with 
substantial home equity for long-term care 
assistance under Medicaid. 
(2) INCLUSION OF ESTIMATES.—The evaluation 
under paragraph (1)(B)(ii) shall include estimates of 
the impact of such policy options on Federal and 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
State spending under Medicaid over a 25-year pe-
riod. 
(3) LIMITATION.—The Secretary may not 
evaluate 
any 
policy 
option 
under 
paragraph 
(1)(B)(ii) if such policy option— 
(A) requires mandatory enrollment of indi-
viduals in a program or insurance product; 
(B) requires employers to automatically 
enroll individuals in a program or insurance 
product, without such individuals prior affirma-
tive consent; or 
(C) requires that premiums collected for a 
long-term care program or insurance product be 
deposited in government securities or a Federal 
trust fund, such as the CLASS Independence 
Fund established by section 3206 of the Public 
Health Service Act. 
(b) REPORT.—Not later than January 1, 2014, the 
Secretary of Health and Human Services shall submit to 
Congress a report containing— 
(1) recommendations for State governments 
and the Federal Government on methods described 
under subsection (a)(1)(A); 
(2) a list of the policy options considered under 
subsection (a)(1)(B)(ii) (including the estimates on 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS
Federal and State spending made with respect to 
each such option under such subsection) and rec-
ommendations on which such options would be most 
effective at reducing projected State and Federal 
long-term care expenditures under the Medicaid pro-
gram while providing an adequate safety net for low- 
income individuals; and 
(3) the results of the study under subsection 
(a)(1)(C), and any recommendations for improving 
such Federal laws. 
(c) CONSULTATION.—In conducting the activities 
under subsection (a) and developing the report required 
under subsection (b), the Secretary shall consult with each 
of the following stakeholders: 
(1) The American Academy of Actuaries. 
(2) The Governors of each of the 50 States. 
(3) The National Association of Insurance 
Commissioners. 
(4) America’s Health Insurance Plans. 
(5) The American Council of Life Insurers. 
(6) The United States Chamber of Commerce. 
(7) The Alzheimer’s Association. 
(8) The AARP. 
(9) The National Association of Health Under-
writers. 
VerDate Mar 15 2010 
02:42 Aug 14, 2012
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6300.IH
H6300
pwalker on DSK7TPTVN1PROD with BILLS