,,ii #aafth ,,congress #b;d ,session ,s4 #cedd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ai1 #bjbj,mr4 ,casey 7for himself1 ,mr4 ,booker1 ,mr4 ,brown1 ,mr4 ,menendez1 ,mr4 ,jones1 ,mr4 ,peters1 ,ms4 ,duckworth1 ,mrs4 ,gillibrand1 ,ms4 ,sinema1 ,mr4 ,blumenthal1 ,mr4 ,kaine1 ,ms4 ,hassan1 ,mr4 ,reed1 ,ms4 ,warren1 ,ms4 ,smith1 ,mr4 ,tester1 ,mr4 ,sanders1 ,mrs4 ,shaheen1 ,ms4 ,baldwin1 ,ms4 ,klobuchar1 ,ms4 ,rosen1 ,mr4 ,markey1 ,ms4 ,cortez ,masto1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to assist older ,americans and people with disabilities affected by ,,covid-#ai4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,coronavirus ,relief for ,seniors and ,people with ,disabilities ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,supplemental ,appropriations,sec4 #aja4 ,supplemental appropriations4,,title ,,ii--,medicaid,sec4 #bja4 ,expanded access to medical assistance for ,medicare costs during the ,,covid-#ai public health emergency4,sec4 #bjb4 ,authority to award ,medicaid ,,hcbs grants to respond to the ,,covid-#ai public health emergency4,,title ,,iii--,nutrition ,services,sec4 #cja4 ,definitions4,sec4 #cjb4 ,congregate nutrition services criteria4,sec4 #cjc4 ,home delivered nutrition services criteria4 ,i ,supplemental ,appropriations #aja4 ,supplemental appropriations ,the following sums are hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes1 namely3 ,department of ,health and ,human ,services ,centers for ,medicare ,medicaid ,services survey and certification activities ,for an additional amount for survey and certification activities authorized under sections #ahfb7;g7 and #ahfd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7g71 #acie;aa7 and section #cec of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfc;a71 #aed1djj1jjj1 to remain available through ,september #cj1 #bjba3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,administration for ,community ,living aging and disability services programs ,for an additional amount for ,aging and ,disability ,services ,programs1 for carrying out the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 7,,oaa71 #b1hea1hjj1jjj1 to remain available through ,september #cj1 #bjba1 of which-- 7#a7 #a1jjj1jjj1jjj shall be for providing supportive services under part ,b of title ,,iii of such ,act 7#db ,u4,s4,c4 #cjcj;d et seq472 7#b7 #a1fej1jjj1jjj shall be for providing home delivered nutrition services under subpart #b of part ,c of title ,,iii of such ,act 7#db ,u4,s4,c4 #cjcj;f et seq472 7#c7 #ahe1ijj1jjj shall be for providing support services for family caregivers under part ,e of title ,,iii of such ,act 7#db ,u4,s4,c4 #cjcjs et seq472 and 7#d7 #ae1ijj1jjj shall be for providing elder rights protection activities under title ,,vii of such ,act 7#db ,u4,s4,c4 #cjeh et seq473 ,provided1 ,that ,state matching requirements under sections #cjd7;d77#a77;,d71 #cji7;b77#b71 and #cgc7;g77#b7 of the ,,oaa 7#db ,u4,s4,c4 #cjbd7;d77#a77;,d71 #cjbi7;b77#b71 and #cjcjs-#a7;g77#b77 shall not apply to any amount appropriated under this heading3 ,provided further1 ,that the amount appropriated under this heading is designated by ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 ,department of ,agriculture ,food and nutrition service commodity assistance program ,for an additional amount for ,commodity ,assistance ,program1 for necessary expenses to carry out the commodity supplemental food program established under section #e of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note2 ,public ,law #ic-hf71 #ee1jjj1jjj1 to remain available through ,september #cj1 #bjba3 ,provided1 ,that the amount appropriated under this heading is designated by ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 ,,ii ,medicaid #bja4 ,expanded access to medical assistance for ,medicare costs during the ,,covid-#ai public health emergency 7a7 ,in general ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in subsection 7a77#aj77;,e7-- 7,a7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7,b7 in clause 7iv71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7v7 during the period described in subsection 7ss71 for making medical assistance available for medicare cost-sharing 7as defined in section #aije7p77#c77 for-- 7,i7 individuals who are described in clause 7ii71 7iii71 or 7iv72 and 7,,ii7 individuals-- 7aa7 who are not described in clauses 7i7 through 7iv7 but who are eligible for1 or enrolled in1 the low-income subsidy program under section #ahfj;,d-#ad2 and 7bb7 whose application for such medical assistance is received by the ,state 7or automatically initiated pursuant to the transmittal of data under section #aadd7;c77#c77;,b77 before the end of the emergency period defined in section #aace7;g77#a77;,b74 2 and 7#b7 by adding at the end the following new subsection3 7ss7 ,,covid-#ai emergency assistance period ,for purposes of subsection 7a77#aj77;,e77v71 the period described in this subsection is the period-- 7#a7 beginning with the date of enactment of this subsection2 and 7#b7 ending with the last day of the #abth month that begins after the emergency period defined in section #aace7;g77#a77;,b74 4 7b7 ,transmittal of data to ,states and automatic enrollment of individuals ,section #aadd7;c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ad7;c77#c77 is amended-- 7#a7 by striking ,beginning on ,january #a1 #bjaj and inserting the following3 7,a7 ,transmittal of ,,lis applications to ,states ,beginning on ,january #a1 #bjaj 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,transmittal of ,,lis enrollment information to ,states during the ,,covid-#ai public health emergency ,during the period described in section #aijb7ss71 the ,secretary1 in coordination with the ,commissioner of ,social ,security1 shall electronically transmit to the appropriate ,state ,medicaid agency data related to each individual who is enrolled in the low-income subsidy program under section #ahfj;,d-#ad1 and such transmittal shall initiate an application of the individual for benefits under the ,medicare ,savings ,program with the ,state ,medicaid agency4 ,in order to ensure that such data transmittal provides effective assistance for purposes of ,state adjudication of applications for benefits under the ,medicare ,savings ,program1 the ,secretary shall consult with the ,states regarding the content1 form1 frequency1 and manner in which data 7on a uniform basis for all ,states7 shall be transmitted under this subparagraph4 4 7c7 ,additional appropriation for administrative costs for the ,department of ,health and ,human ,services and the ,social ,security ,administration 7#a7 ,in general ,there are hereby appropriated to carry out the requirement of subparagraph 7,b7 of section #aadd7;c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ad7;c77#c771 as added by subsection 7b71 out of any funds in the ,treasury not otherwise appropriated-- 7,a7 #a1jjj1jjj to the ,secretary of ,health and ,human ,services1 to remain available until expended2 and 7,b7 #a1jjj1jjj to the ,commissioner of ,social ,security1 to remain available until expended4 7#b7 ,supplement not supplant ,any amounts appropriated pursuant to this subsection shall be in addition to any other amounts otherwise appropriated pursuant to any other provision of law4 7d7 ,budget neutrality with respect to medicare advantage payments ,the ,secretary of ,health and ,human ,services shall assess the effect of the amendments made by subsection 7a7 on payments to ,medicare ,advantage plans under part ,c of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ba et seq47 and make necessary adjustments to ensure that1 during the ,,covid-#ai emergency assistance period described in subsection 7ss7 of section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 7as added by subsection 7a771 risk-adjusted payments under such part with respect to individuals newly enrolled in the ,medicare ,savings ,program 7as defined in section #aadd of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ad77 pursuant to such amendments do not exceed such payments that would have been made under such part with respect to such individuals if such subsection had not been enacted4 7e7 ,federal medical assistance percentage ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7b71 by striking and 7ff7 and inserting 7ff71 and 7gg72 and 7#b7 by adding at the end the following3 7gg7 ,increased ,,fmap for additional expenditures for medicare cost-,sharing provided during the ,,covid-#ai public health emergency ,notwithstanding subsection 7b71 the ,federal medical assistance percentage for a ,state shall be #ajj percent-- 7#a7 with respect to the additional amounts expended by the ,state for medical assistance provided during the period described in section #aijb7ss7 under the ,state plan under this title or a waiver of such plan that are attributable to the requirements imposed by section #aijb7;a77#aj77;,e77v72 7#b7 with respect to expenditures described in section #aijc7;a77#g7 that-- 7,a7 are made by the ,state during the period described in section #aijb7ss72 and 7,b7 the ,state demonstrates to the satisfaction of the ,secretary are attributable to administrative costs related to meeting such requirements2 and 7#c7 with respect to expenditures that are made by the ,state to determine whether individuals who are provided medical assistance for medicare cost-sharing under section #aijb7;a77#aj77;,e77v77,,ii7 remain eligible for such assistance after the period described in section #aijb7ss74 4 #bjb4 ,authority to award ,medicaid ,,hcbs grants to respond to the ,,covid-#ai public health emergency 7a7 ,in general ,the ,secretary is authorized to award grants to ,states in accordance with this section to enhance access to home and community-based services during the ,,covid-#ai public health emergency period4 7b7 ,definitions ,in this section3 7#a7 ,,covid-#ai public health emergency period ,the term ,,covid-#ai public health emergency period means the portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act4 7#b7 ,eligible individual ,the term eligible individual means an individual who is eligible for or enrolled for medical assistance under a ,state ,medicaid program4 7#c7 ,home and community-based services ,the term home and community-based services means1 with respect to a ,state ,medicaid program1 home and community-based services 7including home health and personal care services7 that are provided under the ,state's qualified ,,hcbs program or that could be provided under such a program but are otherwise provided under the ,medicaid program4 7#d7 ,indian tribe ,the term ,indian tribe means an ,indian tribe1 a tribal organization1 or an urban ,indian organization 7as such terms are defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc771 and includes a tribal consortium of ,indian tribes or tribal organizations 7as so defined74 7#e7 ,medicaid program ,the term ,medicaid program means1 with respect to a ,state1 the ,state program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7including any waiver or demonstration under such title or under section #aaae of such ,act 7#db ,u4,s4,c4 #acae7 relating to such title74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#g7 ,state ,the term ,state has the meaning given such term for purposes of title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#h7 ,qualified ,,hcbs program ,the term qualified ,,hcbs program means a program providing home and community-based services operating under a ,state ,medicaid program1 whether or not operating under waiver authority4 7c7 ,grants to ,states 7#a7 ,in general ,during the ,,covid-#ai public health emergency period1 the ,secretary may award grants to ,states with applications meeting the requirements of paragraph 7#b74 7#b7 ,application requirements ,a ,state seeking a grant under this section shall submit an application to the ,secretary at such time1 in such form and manner1 and containing such information as the ,secretary shall require4 7#c7 ,limitations 7,a7 ,termination of authority ,the ,secretary shall not award any grants under this section with respect to a ,state that submits an application after the date that is #fj days after the end of the ,,covid-#ai public health emergency period4 7,b7 ,use of funds ,a ,state to which a grant is made under this section shall only use grant funds in accordance with subsection 7d74 7,c7 ,maintenance of ,state effort ,federal funds paid to a ,state pursuant to this section must be used to supplement1 but not supplant1 the level of ,state funds expended for home and community-based services for eligible individuals programs in effect for such individuals at the time the grant is awarded under this section4 7#d7 ,monthly grant payment amounts 7,a7 ,in general ,subject to paragraph 7#e71 the ,secretary shall pay to each ,state that is awarded a grant under this section1 for each month during the ,state's grant period 7as defined in subparagraph 7,c771 an amount equal to #ae percent of the amount determined for the ,state under subparagraph 7,b74 7,b7 ,average monthly ,,hcbs expenditures ,the amount determined for a ,state under this subparagraph is the amount equal to-- 7i7 the sum of-- 7,i7 the average annual amount of ,state expenditures under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 that are attributable to providing medical assistance for home and community-based services for the #c most recent fiscal years for which data is available2 and 7,,ii7 the average annual amount1 if any1 received by the ,state pursuant to an ,,mfp demonstration project conducted under section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 for the #c most recent fiscal years for which data is available2 divided by 7ii7 #ab4 7,c7 ,grant period defined ,in this paragraph1 the term grant period means1 with respect to a ,state1 the period of months-- 7i7 beginning with the month in which the ,secretary approves the ,state's application for a grant under this section2 and 7ii7 ending with the twelfth month that begins after the end of the ,,covid-#ai public health emergency period4 7#e7 ,grants to ,indian tribes 7,a7 ,in general ,during the ,,covid-#ai public health emergency period1 the ,secretary may award grants to an ,indian tribe in the same manner1 and subject to the same requirements1 as apply to a ,state1 except as otherwise provided in this paragraph4 7,b7 ,application ,any ,indian tribe seeking a grant under this section shall submit to the ,secretary an application that includes 7in addition to any other information the ,secretary shall require7 an identification of the population and service area or areas to be served by the activities and programs that will be funded by the grant4 7,c7 ,monthly grant payment amounts 7i7 ,in general ,the ,secretary shall pay to each ,indian tribe that is awarded a grant under this section1 for each month during the tribe's grant period 7as defined in clause 7iii771 an amount equal to #ae percent of the amount determined for the tribe under clause 7ii74 7ii7 ,tribal share of monthly ,,hcbs expenditures ,the amount determined for an ,indian tribe under this clause is equal to-- 7,i7 the total of the average annual amount of ,state expenditures made by a ,state or ,states under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 that are attributable to providing medical assistance for home and community-based services to eligible individuals who reside in the service area or areas identified by the tribe pursuant to subparagraph 7,b7 for the #c most recent fiscal years for which data is available2 divided by 7,,ii7 #ab4 7iii7 ,grant period ,the term grant period has the same meaning with respect to an ,indian tribe as the term has with respect to a ,state under paragraph 7#d77;,c74 7,d7 ,reduction of ,state grant amounts ,if any ,state in which lies a service area or areas identified by an ,indian tribe in a successful grant application pursuant to subparagraph 7,b7 is also awarded a grant under this section1 the ,secretary shall reduce the amount payable to such ,state each month under paragraph 7#d7 by the portion of the amount payable to the ,indian tribe under this paragraph that is attributable to expenditures by the ,state4 7d7 ,permissible uses of funds 7#a7 ,in general ,a ,state to which a grant is made under this section may use grant funds-- 7,a7 to work with community partners such as ,area ,agencies on ,aging1 ,independent ,living ,centers1 nonprofit home and community based service providers1 and other entities providing home and community-based services2 7,b7 during the ,,covid-#ai public health emergency period1 for the purposes described in paragraph 7#b72 and 7,c7 after the end of such period1 for the purposes described in paragraph 7#c74 7#b7 ,permissible uses during the emergency period ,the purposes described in this paragraph for which a ,state may use grant funds awarded under this section are the following3 7,a7 ,to increase rates for home health and direct service worker agencies to provide home and community-based services under the ,state ,medicaid program1 provided that any agency or individual that receives payment under such an increased rate increases the compensation it pays its home health or direct service workers4 7,b7 ,to provide paid sick leave1 paid family leave1 and paid medical leave for home health workers and direct service workers4 7,c7 ,to provide hazard pay1 overtime pay1 and shift differential pay for home health workers and direct service workers4 7,d7 ,to provide home and community-based services to eligible individuals who are on waiting lists for programs approved under sections #aaae or #aiae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae1 #acifn74 7,e7 ,to purchase emergency supplies and equipment necessary to enhance access to services and to protect the health and well-being of home health workers and direct service workers4 7,f7 ,to pay for home health worker and direct service worker travel to conduct home and community-based services4 7,g7 ,to recruit new direct service workers and home health workers4 7,h7 ,to support family care providers of eligible individuals with needed supplies and equipment and pay4 7,i7 ,to pay for training for direct service workers and home health workers that is specific to the ,,covid-#ai public health emergency4 7,j7 ,to pay for assistive technologies1 staffing1 and other costs incurred during the public health emergency in order to facility community integration and ensure an individual's person-centered service plan continue to be fully implemented4 7,k7 ,to support direct service workers and home health workers going to nursing facilities1 hospitals1 institutions1 and quarantine settings to provide services to eligible individuals who usually receive home and community-based services and have chosen to temporarily move to a more restrictive setting4 7,l7 ,to prepare information and public health and educational materials in accessible formats about prevention1 treatment1 recovery and other aspects of ,,covid-#ai for eligible individuals1 their families1 and the general community served by home health and direct service agencies1 including formats accessible to people with low literacy or intellectual disabilities4 7,m7 ,to pay for ,american sign language interpreters to assist in providing home and community-based services to eligible individuals and to inform the general public about ,,covid-#ai4 7,n7 ,to allow for day service providers to shift to providing home-based services4 7,o7 ,to pay for ,,covid-#ai testing in home settings4 7,p7 ,to pay for other expenses deemed appropriate by the ,secretary and which meet the criteria of the home and community-based settings rule4 7#c7 ,permissible uses after the emergency period ,the purpose described in this paragraph for which a ,state may use grant funds awarded under this section is to assist eligible individuals who had to relocate to a nursing facility or institutional setting from their homes during the ,,covid-#ai public health emergency period in-- 7,a7 moving back to their homes 7including by paying for moving costs72 7,b7 resuming home and community-based services2 7,c7 receiving mental health services and necessary rehabilitative service to regain skills lost while relocated during the public health emergency period2 and 7,d7 continuing home and community-based services for eligible individuals who were served from a waiting list for such services during the public health emergency period4 7e7 ,reporting requirements 7#a7 ,state reporting requirements ,not later than #ah months after the end of the ,,covid-#ai public health emergency period1 any ,state that received a grant under this section shall submit a report to the ,secretary that contains the following information3 7,a7 ,activities and programs that were funded using grant amounts4 7,b7 ,the number of eligible individuals who were served by such activities and programs4 7,c7 ,the number of eligible individuals who were able to resume home and community-based services as a result of such activities and programs4 7#b7 ,,hhs report ,not later than #ah months after the end of the ,,covid-#ai public health emergency period1 the ,secretary shall issue a public summary of the grants awarded under this section4 7f7 ,appropriation 7#a7 ,in general ,subject to paragraph 7#b71 there are appropriated for fiscal year #bjbj from any funds in the ,treasury not otherwise appropriated such sums as are necessary to carry out this section1 to remain available until expended4 7#b7 ,availability of appropriations ,amounts made available under paragraph 7#a7 shall not be available for the awarding of grants to ,states that do not submit an application for such a grant before the date described in subsection 7c77#c77;,a74 7#c7 ,unused grant funds ,a ,state that receives a grant under this section shall return to the ,secretary any portion of such grant that is unused as of the date that is #a year after the last day of the ,,covid-#ai public health emergency period1 and such returned portion shall revert to the ,treasury4 ,,iii ,nutrition ,services #cja4 ,definitions ,section #cjb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbb7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,,covid-#ai public health emergency period ,the term ,,covid-#ai public health emergency period means the portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act beginning on or after the date of the enactment of this ,act4 4 #cjb4 ,congregate nutrition services criteria 7a7 ,definitions ,in this section3 7#a7 ,area agency on aging2 ,state agency ,the terms area agency on aging and ,state agency have the meanings given the terms in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb74 7#b7 ,,covid-#ai public health emergency period ,the term ,,covid-#ai public health emergency period has the meaning given the term in section #cjb of such ,act 7#db ,u4,s4,c4 #cjbb74 7b7 ,transfers ,for purposes of section #cjh7;b77#d7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbh7;b77#d771 during the ,,covid-#ai public health emergency period the ,secretary of ,health and ,human ,services shall allow a ,state agency or an area agency on aging1 without prior approval1 to transfer not more than #ajj percent of the funds received by the ,state agency or area agency on aging1 respectively1 and attributable to funds appropriated under paragraph 7#a7 or 7#b7 of section #cjc7;b7 of such ,act 7#db ,u4,s4,c4 #cjbc7;b771 between subpart #a and subpart #b of part ,c of such ,act 7#db ,u4,s4,c4 #cjcj;d-#ba et seq47 for such use as the ,state agency or area agency on aging1 respectively1 considers appropriate to meet the needs of the ,state or area served4 #cjc4 ,home delivered nutrition services criteria ,section #ccg of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;g7 is amended-- 7#a7 by inserting 7a7 before ,the ,assistant ,secretary2 and 7#b7 by adding at the end the following3 7b7 ,for purposes of determining priority for the delivery of nutrition services under this subpart1 during the ,,covid-#ai public health emergency period1 the ,assistant ,secretary shall give the same priority1 as the ,assistant ,secretary gives to an individual who is homebound by reason of illness1 to-- 7#a7 an individual who is unable to obtain nutrition because the individual is under a quarantine1 practicing social distancing1 or otherwise unable to leave home1 due to the emergency2 7#b7 a person under age #ah1 or an individual with a disability1 who resides in the same home as the recipient if1 according to criteria determined by the area agency on aging1 provision of such nutrition services to the person or individual is in the best interest of the recipient2 and 7#c7 an individual with a disability who-- 7,a7 is at home during the public health emergency period2 and 7,b7 usually receives services in a day program1 at the individual's place of work1 or through a visiting direct service worker who may not be able to continue to provide services during the public health emergency period4 4