Section 160-C - Use of Money(a)Uses.--The following shall apply: (1) Subject to paragraph (11), from money appropriated for COVID Relief--Long-Term Living Programs, $457,000,000 shall be used for the following purposes: (i) The sum of $245,000,000, for the purpose of making payments to nonpublic and county nursing facilities, which shall be allocated as follows: (A) Of the amount under this subparagraph, $196,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows: (I) Divide: (a) the facility's number of medical assistance days for the third quarter of calendar year 2019 as reported under Article VIII-A of the act of June 13, 1967 (P.L. 31, No. 21), known as the Human Services Code; by(b) the total number of medical assistance days for all facilities for the third quarter of calendar year 2019 as reported under Article VIII-A of the Human Services Code.(II) Multiply:(a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $49,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows:(I) Divide: (a) the number of the facility's licensed beds as of March 31, 2020; by(b) the total licensed beds of all nonpublic and county nursing facilities as of March 31, 2020.(II) Multiply:(a) the quotient under subclause (I); by(ii) The sum of $140,000,000 for the purpose of making payments for personal assistance services provided by home health care agencies, home care agencies and direct care workers employed through the participant-directed employer model. Each home health care provider, home care provider or direct care worker employed through the participant-directed employer model shall receive a one-time payment, which shall be determined as follows: (A) Of the amount under this subparagraph, $112,000,000 shall be distributed as a one-time payment to a home health care provider or home care provider, which shall be determined as follows: (I) Divide: (a) the provider's number of medical assistance 15-minute units, excluding overtime, invoiced in the third quarter of calendar year 2019; by(b) the total medical assistance 15-minute units for all home health care providers and home care providers, excluding overtime, invoiced in the third quarter of calendar year 2019.(II) Multiply:(a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $28,000,000 shall be distributed as a one-time payment to each direct care worker employed through the participant-directed employer model who provides personal assistance services, which shall be determined as follows:(I) Divide: (a) the number of medical assistance personal assistance 15-minute units provided by a direct care worker employed through the participant-directed employer model, excluding overtime, invoiced in the third quarter of calendar year 2019; by(b) all medical assistance personal assistance 15-minute units provided by all direct care workers employed through the participant-directed employer model, excluding overtime, invoiced in the third quarter of calendar year 2019.(II) Multiply: (a) the quotient under subclause (I); by(iii) The sum of $50,000,000 for the purpose of making payments to assisted living residences and personal care homes, which shall be allocated as follows: (A) Of the amount under this subparagraph, $45,000,000 shall be distributed as a one-time payment to each assisted living residence and personal care home, which shall be determined as follows: (I) Divide: (a) the occupancy of the assisted living residence or personal care home, as determined by the Department of Human Services' most recent inspection on or before April 1, 2020; by(b) the total occupancy of all assisted living residences, including those with a special care designation, and personal care homes, as determined by the Department of Human Services' most recent inspections on or before April 1, 2020.(II) Multiply: (a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $5,000,000 shall be distributed as a one-time payment to each personal care home, which shall be determined as follows: (I) Divide: (a) the personal care facility's number of individuals for whom the facility received a payment from the Department of Human Services for Supplemental Security Income in March 2020; by(b) the total of all personal care facilities' individuals for whom payments for Supplemental Security Income were made by the Department of Human Services in March 2020.(II) Multiply: (a) the quotient under subclause (I); by(iv) The sum of $13,000,000 for the purpose of making payments for adult day care services as a one-time payment to each adult day care services provider, which shall be determined as follows:(A) Divide: (I) the adult day care services provider's total medical assistance fee-for-service and Community HealthChoices payments for the third quarter of calendar year 2019; by(II) the sum of all adult day care services providers' medical assistance fee-for-service and Community HealthChoices payments for the third quarter of calendar year 2019.(B) Multiply: (I) the quotient under clause (A); by(v) The sum of $1,000,000 for the purpose of making payments for residential habilitation services as a one-time payment to each provider, which shall be determined as follows:(A) Divide: (I) the residential habilitation services provider's total medical assistance fee-for-service and Community HealthChoices payments for the third quarter of calendar year 2019; by(II) The total sum of all residential habilitation medical assistance fee-for-service and Community HealthChoices payments for the third quarter of calendar year 2019.(B) Multiply: (I) the quotient under clause (A); by(vi) The following shall apply:(A) The sum of $8,000,000 for the purpose of making payments for eligible Medicaid ventilator or tracheostomy qualified medical assistance nonpublic and county nursing facilities. A nonpublic or county nursing facility will qualify for payment if, based upon The Supplemental Ventilator Care and Tracheostomy Care Payments for December 2019, the facility had:(I) Ten or more medical assistance recipient residents who received medically necessary ventilator care or tracheostomy care; and(II) At least 17% of the facility's medical assistance recipient resident population received medically necessary ventilator care or tracheostomy care.(B) The amount appropriated under this subparagraph shall be distributed as a one-time payment to each qualified medical assistance nonpublic and county nursing facility, determined as follows:(I) Divide: (a) The facility's number of medical assistance recipient residents who received necessary ventilator care or tracheostomy care for the third quarter of calendar year 2019; by(b) The sum of all qualified medical assistance nonpublic and county nursing facilities' number of medical assistance recipient residents who received necessary ventilator care or tracheostomy care for the third quarter of calendar year 2019.(II) Multiply: (a) the quotient under subclause (I); by(2) Subject to paragraph (11), from money appropriated for COVID Relief--Community HealthChoices, $50,000,000 shall be used for making payments to Community HealthChoices managed care organizations as a one-time payment to each organization, which shall be determined as follows:(i) Divide: (A) the Community HealthChoices managed care organization's number of medical assistance nursing facility clinically eligible participants as of March 31, 2020; by(B) the total of all Community HealthChoices managed care organizations' number of medical assistance nursing facility clinically eligible recipients as of March 31, 2020.(ii) Multiply: (A) the quotient under subparagraph (i); by(3) Subject to paragraph (11), from money appropriated for COVID Relief--Long-Term Care--Managed Care, $10,000,000 shall be used for making payments to organizations that have entered into an agreement with the Department of Human Services to operate a life program, as defined under section 602 of the Human Services Code, in a specified county or set of counties, as determined by the department. Each organization shall receive a one-time payment, which shall be determined as follows:(i) Divide: (A) the organization's total amount reimbursed for long-term care--managed care for the first quarter of calendar year 2020; by(B) the total amount reimbursed for long-term care--managed care for the first quarter of calendar year 2020.(ii) Multiply:(A) the quotient under subparagraph (i); by(4) Subject to paragraph (11), from money appropriated for COVID Relief--Intellectual Disabilities--Community Waiver Program, $259,280,000 shall be allocated for the intellectual disabilities community waiver program.(5) Subject to paragraph (11), from money appropriated for COVID Relief--Autism Services, $720,000 shall be allocated for autism intervention and services.(6) Subject to paragraph (11), from money appropriated for COVID Relief--Child-Care Services, $116,000,000 shall be allocated for child-care services. No money under this paragraph shall be made available before the Department of Human Services completes a study on the economic impacts of child-care closures during the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa. B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency. The Department of Human Services shall use the study to develop criteria for distribution of the appropriation to eligible child care providers.(7) Subject to paragraph (11), from money appropriated for COVID Relief--Domestic Violence Programs, $10,000,000 shall be allocated for domestic violence and housing support services.(8) Subject to paragraph (11), from money appropriated for COVID Relief--Homeless Assistance Services, $10,000,000 shall be allocated for the homeless assistance program. Counties that participate in the Human Services Block Grant Program under Article XIV-B of the Human Services Code must use these funds for eligible services under the homeless assistance program.(9) Subject to paragraph (11), from money appropriated for COVID Relief--Legal Services, $8,000,000 shall be allocated for legal services.(10) Subject to paragraph (11), from money appropriated for COVID Relief--Critical Access Hospitals, $10,000,000 shall be used for making payments to critical access hospitals as a one-time payment to each facility, which shall be determined as follows: (i) Divide: (A) The facility's fiscal year 2019-2020 allocation by;(B) The total of all critical access hospitals allocations for fiscal year 2019-2020.(ii) Multiply: (A) the quotient under subparagraph (i); by(10.1) Subject to paragraph (12), from money appropriated for COVID Relief--ARPA--Long-term Living Programs, $282,000,000 shall be used for the following purposes: (i) The sum of $247,000,000, for the purpose of making payments to nonpublic and county nursing facilities, which shall be allocated as follows:(A) Of the amount under this subparagraph, $198,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows:(I) Divide: (a) the facility's number of medical assistance days for the third quarter of calendar year 2019 as reported under Article VIII-A of the Human Services Code; by(b) the total number of medical assistance days for all facilities for the third quarter of calendar year 2019 as reported under Article VIII-A of the Human Services Code.(II) Multiply: (a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $49,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows:(I) Divide: (a) the number of the facility's licensed beds as of March 31, 2020; by(b) the total licensed beds of all nonpublic and county nursing facilities as of March 31, 2020.(II) Multiply:(a) the quotient under subclause (I); by(ii) The sum of $5,000,000 shall be used by the Department of Human Services for the purpose of awarding grants under this section as follows: (A) The department shall develop an application for long-term care facilities to apply for a grant under this subparagraph within 30 days of the effective date of this section. The application shall be made available and posted on the department's publicly accessible Internet website.(B) A long-term care facility may be eligible for a grant under this subparagraph for the implementation of best practices regarding indoor air management strategies aimed at reducing the risk of transmission of and occupant exposure to COVID-19, including any of the following:(III) Outdoor air ventilation.(V) Demand-controlled ventilation.(VI) Temperature and humidity distribution and control.(VIII) Ultraviolet germicidal irradiation.(IX) Personalized ventilation systems for certain high-risk tasks.(X) Portable, free-standing high-efficiency particulate air filters.(XI) Ionization technology.(C) To the extent funds are available, the department may award a grant to a long-term care facility in accordance with this subparagraph, which may not exceed $15,000.(D) The department shall ensure that grants under this subparagraph are made available to all geographic areas of this Commonwealth.(E) Grants may be awarded to any of the following long-term care facilities: (I) A long-term care nursing facility as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.(II) An assisted living residence as defined in section 1001 of the Human Services Code.(III) A personal care home as defined in section 1001 of the Human Services Code.(iii) The sum of $30,000,000 for the purpose of making payments to assisted living residences and personal care homes, which shall be allocated as follows:(A) Of the amount under this subparagraph, $27,000,000 shall be distributed as a one-time payment to each assisted living residence and personal care home, which shall be determined as follows:(I) Divide: (a) the occupancy of the assisted living residence or personal care home, as determined by the Department of Human Services' most recent inspection on or before April 1, 2020; by(b) the total occupancy of all assisted living residences, including those with a special care designation, and personal care homes, as determined by the Department of Human Services' most recent inspections on or before April 1, 2020.(II) Multiply: (a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $3,000,000 shall be distributed as a one-time payment to each personal care home, which shall be determined as follows: (I) Divide: (a) the personal care facility's number of individuals for whom the facility received a payment from the Department of Human Services for supplemental security income in March 2020; by(b) the total of all personal care facilities' individuals for whom payments for supplemental security income were made by the Department of Human Services in March 2020.(II) Multiply: (a) the quotient under subclause (I); by(11) The following apply: (i) An eligible person or entity receiving a payment under this section must be in operation as of March 31, 2020.(ii) A person or entity receiving a payment under this section shall provide documentation to the Department of Human Services, upon request, for purposes of an audit review.(iii) A payment received under this section may only be used to cover necessary COVID-19 related costs, including, but not limited to, a cost:(A) not otherwise reimbursed by Federal, State or other source of funding; and(B) incurred during the period beginning March 1, 2020, and ending December 31, 2021.(C) Clause (B) shall not apply to unexpended funds returned and appropriated under section 111-C(d.1).(12) The following apply to an eligible person or entity receiving a payment under paragraph (10.1): (i) An eligible person or entity receiving a payment under this section must be in operation as of June 1, 2021.(ii) A person or entity receiving a payment shall provide documentation to the Department of Human Services, in a format prescribed by the department, for purposes of an audit review.(iii) A payment received may not otherwise be reimbursed by a Federal, State or other source of funding.(iv) A payment received shall be obligated by December 31, 2024, and spent by December 31, 2026.Amended by P.L.622021 No. 24, § 4, eff. 7/1/2021.Added by P.L. TBD 2020 No. 24, § 1, eff. 5/29/2020.