SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disability Community 
Act of 2023’’. 
SEC. 2. HIGHER FMAP FOR CERTAIN MEDICAID EXPENDI-
TURES ASSOCIATED WITH CERTAIN REGULA-
TION COMPLIANCE. 
(a) IN GENERAL.—Section 1903(a)(5) of the Social 
Security Act (42 U.S.C. 1396b(a)(5)) is amended— 
(1) by striking ‘‘an amount equal to’’ and in-
serting ‘‘(A) an amount equal to’’; 
(2) by striking ‘‘supplies;’’ and inserting ‘‘sup-
plies; and’’; and 
(3) by adding at the end the following: 
‘‘(B) an amount equal to 90 percent of the sum 
of the amounts expended during a quarter in 2024, 
2025, or 2026, for items and services furnished in 
an intermediate care facility for the mentally re-
tarded or for home and community-based services 
furnished to individuals with intellectual and devel-
opmental disabilities, as the Secretary determines 
are attributable to compliance with any of the regu-
lations specified in— 
‘‘(i) part 541.600 of title 29, Code of Fed-
eral Regulations; or 
‘‘(ii) part 430, 431, 435, 436, 440, 441, or 
447 of title 42, Code of Federal Regulations;’’. 
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(b) CONFORMING TERMINOLOGY FOR INTERMEDIATE 
CARE FACILITIES.—Title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) is amended— 
(1) by striking ‘‘intermediate care facility for 
the mentally retarded’’ each time such term appears 
(including in headings) and inserting ‘‘intermediate 
care facility for individuals with intellectual and de-
velopmental disabilities’’; 
(2) by striking ‘‘intermediate care facilities for 
the mentally retarded’’ each time such term appears 
(including in headings) and inserting ‘‘intermediate 
care facilities for individuals with intellectual and 
developmental disabilities’’; 
(3) by striking ‘‘State mental retardation or de-
velopmental disability authority’’ each time such 
term appears and inserting ‘‘State intellectual or de-
velopmental disability authority’’; 
(4) in section 1905(d)— 
(A) in the matter before paragraph (1), by 
striking ‘‘thereof) for the mentally retarded or 
persons’’ and inserting ‘‘thereof) for individuals 
with intellectual or developmental disabilities 
or’’; 
(B) in paragraph (1), by striking ‘‘men-
tally retarded individuals’’ and inserting ‘‘indi-
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viduals with intellectual or developmental dis-
abilities’’; and 
(C) in paragraph (2), by striking ‘‘the 
mentally retarded individual’’ and inserting 
‘‘the individual with an intellectual or develop-
mental disability’’; 
(5) in section 1915(c)(7)(C), by striking ‘‘men-
tal retardation’’ and inserting ‘‘intellectual or devel-
opmental disabilities’’; 
(6) in section 1919(b)— 
(A) in paragraph (3)— 
(i) in subparagraph (E), by striking 
‘‘mentally retarded’’ and inserting ‘‘has in-
tellectual or developmental disabilities’’; 
and 
(ii) in subparagraph (F)— 
(I) in the heading, by striking 
‘‘AND MENTALLY RETARDED INDIVID-
UALS’’ and inserting ‘‘INDIVIDUALS 
AND
INDIVIDUALS
WITH
INTELLEC-
TUAL
OR
DEVELOPMENTAL
DISABIL-
ITIES’’; and 
(II) in clause (ii)— 
(aa) by striking ‘‘is mentally 
retarded’’ and inserting ‘‘has an 
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intellectual or developmental dis-
ability’’; and 
(bb) by striking ‘‘for mental 
retardation’’ and inserting ‘‘for 
intellectual or developmental dis-
abilities’’; 
(B) in paragraph (4)— 
(i) in subparagraph (A)(vii), by strik-
ing ‘‘mentally ill and mentally retarded 
residents’’ and inserting ‘‘residents who 
are mentally ill or who have intellectual or 
developmental disabilities’’; and 
(ii) in subparagraph (C)(ii)(IV), by 
striking ‘‘the mentally retarded’’ and in-
serting ‘‘individuals with intellectual or de-
velopmental disabilities’’; and 
(7) in section 1919(e)— 
(A) in paragraph (7)— 
(i) in subparagraph (A)(i), by striking 
‘‘mentally ill and mentally retarded individ-
uals’’ and inserting ‘‘individuals who are 
mentally ill or who have intellectual or de-
velopmental disabilities’’; 
(ii) in subparagraph (B)— 
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(I) by striking ‘‘mental retarda-
tion’’ each place such term appears 
and inserting ‘‘intellectual or develop-
mental disability’’; 
(II) in clause (ii)— 
(aa) in the heading, by 
striking ‘‘MENTALLY
RETARDED 
RESIDENTS’’ and inserting ‘‘RESI-
DENTS WITH INTELLECTUAL OR 
DEVELOPMENTAL DISABILITIES’’; 
and 
(bb) in the matter preceding 
subclause (I), by striking ‘‘is 
mentally retarded’’ and inserting 
‘‘has an intellectual or develop-
mental disability’’; and 
(III) in clause (iii), by striking 
‘‘mentally ill or mentally retarded 
resident’’ and inserting ‘‘resident who 
is mentally ill or who has an intellec-
tual or developmental disability’’; 
(iii) in subparagraph (C), by striking 
‘‘mental retardation’’ each place such term 
appears and inserting ‘‘intellectual or de-
velopmental disability’’; 
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(iv) in subparagraph (E)— 
(I) by striking ‘‘are mentally re-
tarded or’’ and inserting ‘‘have intel-
lectual or developmental disabilities or 
are’’; and 
(II) by striking ‘‘mental retarda-
tion’’ and inserting ‘‘intellectual or de-
velopmental disability’’; and 
(v) in subparagraph (G)(ii)— 
(I) by striking ‘‘be ‘mentally re-
tarded’ ’’ and inserting ‘‘have ‘an in-
tellectual 
or 
developmental 
dis-
ability’ ’’; and 
(II) by striking ‘‘is mentally re-
tarded or a person with’’ and insert-
ing ‘‘has an intellectual or develop-
mental disability or’’. 
Æ 
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