HR 8108 RFS
(as defined in subsection (uu)(2)), such indi-
vidual remains on such list until— 
‘‘(i) the State completes an assess-
ment and renders a decision with respect 
to the eligibility of such individual to re-
ceive the relevant home and community- 
based services at the time a slot for such 
services becomes available and, in the case 
such decision is a denial of such eligibility, 
such individual has exhausted the individ-
ual’s opportunity for a fair hearing in ac-
cordance with paragraph (3); or 
‘‘(ii) such individual elects to be re-
moved from such list; and 
‘‘(C) payment for medical assistance fur-
nished under the State plan (or a waiver of the 
plan) to such active duty relocated individual in 
the temporary relocation State (as referred to 
in subsection (uu)(1)) in accordance with such 
guidance as the Secretary may issue to ensure 
access to such assistance.’’; and 
(2) by adding at the end the following new sub-
section: 
VerDate Sep 11 2014 
03:43 Sep 25, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8108.RFS
H8108
ssavage on LAPJG3WLY3PROD with BILLS
HR 8108 RFS
‘‘(uu) ACTIVE DUTY RELOCATED INDIVIDUAL; HOME 
AND COMMUNITY-BASED SERVICES WAITING LIST.—For 
purposes of subsection (a)(88) and this subsection: 
‘‘(1) ACTIVE DUTY RELOCATED INDIVIDUAL.— 
The term ‘active duty relocated individual’ means an 
individual enrolled under the State plan (or waiver 
of such plan)— 
‘‘(A) who— 
‘‘(i) is a member of the Armed Forces 
engaged in active duty service and is tem-
porarily relocated (as specified by the Sec-
retary) to another State (in this subsection 
referred to as the ‘temporary relocation 
State’) by reason of such service; 
‘‘(ii) at any point during the pre-
ceding 1-year period, was such a member 
so engaged in such service and was tempo-
rarily relocated to the temporary relocation 
State by reason of such service, but is no 
longer so engaged in such service (includ-
ing by reason of retirement from such 
service); or 
‘‘(iii) is a dependent (as defined by 
the Secretary) of a member described in 
clause (i) or (ii) who temporarily relocates 
VerDate Sep 11 2014 
03:43 Sep 25, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8108.RFS
H8108
ssavage on LAPJG3WLY3PROD with BILLS
HR 8108 RFS
to the temporary relocation State with 
such member; and 
‘‘(B) who— 
‘‘(i) was receiving home and commu-
nity-based services (as defined in section 
9817(a)(2)(B) of the American Rescue 
Plan Act of 2021) at the time of such relo-
cation; or 
‘‘(ii) if the State maintains a home 
and community-based services waiting list, 
was on such home and community-based 
services waiting list at the time of such re-
location. 
‘‘(2) HOME AND COMMUNITY-BASED SERVICES 
WAITING LIST.—The term ‘home and community- 
based services waiting list’ means, in the case of a 
State that has a limit on the number of individuals 
who may receive home and community-based services 
under section 1115(a) or section 1915(c), a list 
maintained by such State of individuals who have 
applied to receive such services under either such 
section but for whom the State has not yet com-
pleted an assessment and rendered a decision with 
respect to the eligibility of such individuals to receive 
the relevant home and community-based services at 
VerDate Sep 11 2014 
03:43 Sep 25, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8108.RFS
H8108
ssavage on LAPJG3WLY3PROD with BILLS
HR 8108 RFS
the time a slot for such services becomes available 
due to such limit.’’. 
Passed the House of Representatives September 23, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
VerDate Sep 11 2014 
03:43 Sep 25, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8108.RFS
H8108
ssavage on LAPJG3WLY3PROD with BILLS