I 
115TH CONGRESS 
2D SESSION 
H. R. 5306 
To reauthorize the Money Follows the Person Demonstration Program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2018 
Mr. GUTHRIE (for himself and Mrs. DINGELL) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To reauthorize the Money Follows the Person Demonstration 
Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Medicaid 
Provides Opportunities for Widespread Equity, Resources, 
and Care Act’’ or the ‘‘EMPOWER Care Act’’. 
SEC. 2. EXTENSION OF DEMONSTRATION. 
(a) FUNDING.—Section 6071(h) of the Deficit Re-
duction Act of 2005 (42 U.S.C. 1396a note) is amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (D), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (E), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) $450,000,000 for each of fiscal years 
2018 through 2022.’’; and 
(2) in paragraph (2), by striking ‘‘2016’’ and 
inserting ‘‘2022’’. 
(b) RESEARCH AND EVALUATION.—Section 6071(g) 
of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 
note) is amended— 
(1) in paragraph (2), by striking ‘‘2016’’ and 
inserting ‘‘2022’’; and 
(2) in paragraph (3), by inserting ‘‘and for each 
of fiscal years 2018 through 2022,’’ after ‘‘2016,’’. 
SEC. 3. CHANGES TO INSTITUTIONAL RESIDENCY PERIOD 
REQUIREMENT. 
Section 6071(b)(2) of the Deficit Reduction Act of 
2005 (42 U.S.C. 1396a note) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘90’’ 
and inserting ‘‘60’’; and 
(2) by striking the flush sentence after subpara-
graph (B). 
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SEC. 4. UPDATES TO STATE APPLICATION REQUIREMENTS. 
Section 6071(c) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended— 
(1) in paragraph (3), by striking ‘‘, which shall 
include’’ and all that follows through ‘‘2007’’; 
(2) in paragraph (7)— 
(A) in the paragraph heading, by striking 
‘‘REBALANCING’’ 
and 
inserting 
‘‘EXPENDI-
TURES’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘and’’ 
after the semicolon; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting a semicolon; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) include a work plan that describes 
for each Federal fiscal year that occurs during 
the proposed MFP demonstration project— 
‘‘(I) the use of grant funds for each 
proposed initiative that is designed to ac-
complish the objective described in sub-
section (a)(1), including a funding source 
for each activity that is part of each such 
proposed initiative; 
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‘‘(II) an evaluation plan that identi-
fies expected results for each such pro-
posed initiative; and 
‘‘(III) a sustainability plan for compo-
nents of such proposed initiatives that are 
intended to improve transitions, which 
shall be updated with actual expenditure 
information for each Federal fiscal year 
that occurs during the MFP demonstration 
project; and 
‘‘(iv) contain assurances that grant funds 
used to accomplish the objective described in 
subsection (a)(1) shall be obligated not later 
than 24 months after the date on which the 
funds are awarded and shall be expended not 
later than 60 months after the date on which 
the funds are awarded (unless the Secretary ap-
proves a waiver of either such requirement).’’; 
and 
(3) in paragraph (13)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting ‘‘, and in such manner as 
will meet the reporting requirements set forth 
for the Transformed Medicaid Statistical Man-
agement Information System (T-MSIS);’’; 
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(B) by redesignating subparagraph (B) as 
subparagraph (D); and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) the State shall report on a quarterly 
basis on the use of grant funds by distinct ac-
tivity, as described in the approved work plan, 
and by specific population as targeted by the 
State; 
‘‘(C) if the State fails to report the infor-
mation required under subparagraph (B), fails 
to report such information on a quarterly basis, 
or fails to make progress under the approved 
work plan, the State shall implement a correc-
tive action plan and any lack of progress under 
the approved work plan may result in with-
holding of grant funds made available to the 
State; and’’. 
SEC. 5. FUNDING FOR QUALITY ASSURANCE AND IMPROVE-
MENT; TECHNICAL ASSISTANCE; OVERSIGHT. 
Section 6071(f) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended by striking paragraph 
(2) and inserting the following: 
‘‘(2) FUNDING.—From the amounts appro-
priated under subsection (h)(1)(F) for each of fiscal 
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years 2018 through 2022, $1,000,000 shall be avail-
able to the Secretary for each such fiscal year to 
carry out this subsection.’’. 
SEC. 6. BEST PRACTICES EVALUATION. 
Section 6071 of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended by adding at the end 
the following: 
‘‘(i) BEST PRACTICES.— 
‘‘(1) REPORT.—The Secretary, directly or 
through grant or contract, shall submit a report to 
the President and Congress not later than Sep-
tember 30, 2020, that contains findings and conclu-
sions on best practices from the State MFP dem-
onstration projects carried out with grants made 
under this section. The report shall include informa-
tion and analyses with respect to the following: 
‘‘(A) The most effective State strategies 
for transitioning beneficiaries from institutional 
to qualified community settings carried out 
under the State MFP demonstration projects 
and how such strategies may vary for different 
types of beneficiaries, such as beneficiaries who 
are aged, physically disabled, intellectually or 
developmentally disabled, or individuals with se-
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rious mental illnesses, and other targeted waiv-
er beneficiary populations. 
‘‘(B) The most common and the most ef-
fective State uses of grant funds carried out 
under the State MFP demonstration projects 
for transitioning beneficiaries from institutional 
to qualified community settings and improving 
health outcomes, including differentiating fund-
ing for current initiatives that are designed for 
such purpose and funding for proposed initia-
tives that are designed for such purpose. 
‘‘(C) The most effective State approaches 
carried out under State MFP demonstration 
projects for improving person-centered care and 
planning. 
‘‘(D) Identification of program, financing, 
and other flexibilities available under the State 
MFP demonstration projects, that are not 
available under the traditional Medicaid pro-
gram, and which directly contributed to suc-
cessful transitions and improved health out-
comes under the State MFP demonstration 
projects. 
‘‘(E) State strategies and financing mecha-
nisms for effective coordination of housing fi-
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nanced or supported under State MFP dem-
onstration projects with local housing authori-
ties and other resources. 
‘‘(F) Effective State approaches for deliv-
ering Money Follows the Person transition serv-
ices through managed care entities. 
‘‘(G) Other best practices and effective 
transition strategies demonstrated by States 
with approved MFP demonstration projects, as 
determined by the Secretary. 
‘‘(H) Identification and analyses of oppor-
tunities and challenges to integrating effective 
Money Follows the Person practices and State 
strategies into the traditional Medicaid pro-
gram. 
‘‘(2) COLLABORATION.—In preparing the report 
required under this subsection, the Secretary shall 
collect and incorporate information from States with 
approved MFP demonstration projects and bene-
ficiaries participating in such projects, and providers 
participating in such projects. 
‘‘(3) FUNDING.—From the amounts appro-
priated under subsection (h)(1) for each of fiscal 
years 2017 through 2019, not more than $300,000 
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shall be available to the Secretary for each such fis-
cal year to carry out this subsection.’’. 
SEC. 7. MACPAC REPORT ON QUALIFIED SETTINGS CRI-
TERIA. 
Section 6071 of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note), as amended by section 6, is 
amended by adding at the end the following: 
‘‘(j) MACPAC REPORT.—Prior to the final imple-
mentation date established by the Secretary for the cri-
teria established for home and community-based settings 
in section 441.301(c)(4) of title 42, Code of Federal Regu-
lations, as part of final implementation of the Home and 
Community Based Services (HCBS) Final Rule published 
on January 16, 2014 (79 Fed. Reg. 2947) (referred to 
in this subsection as the ‘HCBS final rule’), the Medicaid 
and CHIP Payment and Access Commission (MACPAC) 
shall submit to Congress a report that— 
‘‘(1) identifies the types of home and commu-
nity-based settings and associated services that are 
available to eligible individuals in both the MFP 
demonstration program and sites in compliance with 
the HCBS final rule, including regional variation in 
the type and accessibility of such settings; and 
‘‘(2) recommends policies to align the criteria 
for a qualified residence under subsection (b)(6) (as 
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in effect on October 1, 2017) with the criteria in the 
HCBS final rule.’’. 
SEC. 8. TECHNICAL AMENDMENT. 
Section 6071(b) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended by adding at the end 
the following: 
‘‘(10) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Health and Human Serv-
ices.’’. 
SEC. 9. EFFECTIVE DATES; APPLICATION TO CURRENT 
PROJECTS. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this Act shall 
take effect as if enacted on October 1, 2017. 
(2) CHANGES
TO
INSTITUTIONAL
RESIDENCY 
PERIOD REQUIREMENT.—The amendments made by 
section 3 shall take effect on the date that is 30 
days after the date of enactment of this Act. 
(b) APPLICATION
TO CURRENT PROJECTS.—Not 
later than 1 year after the date of enactment of this Act, 
any State with an approved MFP demonstration project 
under section 6071 of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) on the date of enactment of this 
Act shall submit a revised application to the Secretary 
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that contains the same information and assurances as are 
required for any new State applicant under the amend-
ments made by this Act. 
Æ 
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