Section 161-C - Use of money.(a)Uses.--The following shall apply: (1) Subject to paragraph (2), from money appropriated for COVID Relief - ARPA - Long-Term Living Programs, $250,000,000 shall be used for the following purposes:(i) The sum of $131,157,000 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, $104,926,000 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 2021 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 2021 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, $26,231,000 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 July 1, 2022; by(b) the total licensed beds of all nonpublic and county nursing facilities as of July 1, 2022.(II) Multiply: (a) the quotient under subclause (I); by(ii) The sum of $74,946,000 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, $59,957,000 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 2021; 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 2021.(II) Multiply: (a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $14,989,000 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 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 2021; by(b) all 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 2021.(II) Multiply: (a) the quotient under subclause (I); by(iii) The sum of $26,767,000 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, $24,090,000 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 July 1, 2022; 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 July 1, 2022.(II) Multiply: (a) the quotient under subclause (I); by(B) Of the amount under this subparagraph, $2,677,000 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 2022; 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 2022.(II) Multiply: (a) the quotient under subclause (I); by(iv) The sum of $6,959,000 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 2021; 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 2021.(B) Multiply: (I) the quotient under clause (A); by(v) The sum of $535,000 for the purpose of making payments for residential habilitation services as a onetime 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 2021; 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 2021.(B) Multiply: (I) the quotient under clause (A); by(vi) The following shall apply: (A) The sum of $4,283,000 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 shall qualify for payment if a payment under section 443.1(7)(vii) of the Human Services Code was made for the quarter ending March 31, 2022.(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 payment amount received under section 443.1(7)(vii) of the Human Services Code for quarter ending March 31, 2022; by(b) the sum of all payment amounts received under section 443.1(7)(vii) of the Human Services Code for the quarter ending March 31, 2022.(II) Multiply: (a) the quotient under subclause (I); by(vii) The following shall apply: (A) The sum of $5,353,000 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 third quarter of calendar year 2021; by(b) the total amount reimbursed for long-term care - managed care for the third quarter of calendar year 2021.(II) Multiply: (a) the quotient under subclause (I); by(2) The following shall apply to an eligible person or entity receiving a payment under paragraph (1): (i) An eligible person or entity receiving a payment under this section must be in operation as of July 1, 2022.(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 the purpose of an audit review.(iii) A payment received may not otherwise be reimbursed by a Federal, State or other source of funding.(3) From money appropriated for COVID Relief - ARPA -Low-Income Home Energy Assistance Program, the entire amount shall only be expended if:(i) all other money received from the Federal government for the LIHEAP Program, less any amounts allowed to be carried over to the following fiscal year under Federal law, are expended or committed; and(ii) the Secretary of the Budget notifies the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives and the State Treasurer that all State and non-American Rescue Plan Act Federal funds have been expended or committed.Added by P.L. TBD 2022 No. 54, § 8, eff. 7/11/2022.