H.R. 9940

119 HR 9940 IH: Disability Community Act of 2026
 U.S. House of Representatives
 2026-07-23
 text/xml
 EN
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 I  119th CONGRESS  2d Session  H. R. 9940  IN THE HOUSE OF REPRESENTATIVES   July 23, 2026   Mr. Tonko  (for himself and  Mr. Fitzpatrick ) introduced the following bill; which was referred to the  Committee on Energy and Commerce    A BILL
To amend title XIX of the Social Security Act to provide a temporary higher Federal medical assistance percentage for Federal expenditures under the Medicaid program that are associated with the cost of compliance with certain Federal regulations with respect to services furnished in certain intermediate care facilities or home and community-based services furnished to individuals with intellectual and developmental disabilities.
1.
Short title
This Act may be cited as the   Disability Community Act of 2026  .
2.
Higher FMAP for certain Medicaid expenditures associated with certain regulation 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 inserting  (A) an amount equal to ;
(2)
by striking  supplies;  and inserting  supplies; 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 2027, 2028, or 2029, for items and services furnished in an intermediate care facility for the mentally retarded or for home and community-based services furnished to individuals with intellectual and developmental disabilities, as the Secretary determines are attributable to compliance with any of the regulations specified in—
(i)
part 541.600 of title 29, Code of Federal Regulations; or
(ii)
part 430, 431, 435, 436, 440, 441, or 447 of title 42, Code of Federal Regulations;
 .
(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 developmental 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 developmental disability authority  each time such term appears and inserting  State intellectual or developmental 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  mentally retarded individuals  and inserting  individuals with intellectual or developmental disabilities ; and
(C)
in paragraph (2), by striking  the mentally retarded individual  and inserting  the individual with an intellectual or developmental disability ;
(5)
in section 1915(c)(7)(C), by striking  mental retardation  and inserting  intellectual or developmental disabilities ;
(6)
in section 1919(b)—
(A)
in paragraph (3)—
(i)
in subparagraph (E), by striking  mentally retarded  and inserting  has intellectual or developmental disabilities ; and
(ii)
in subparagraph (F)—
(I)
in the heading, by striking
and mentally retarded individuals   and inserting
individuals and individuals with intellectual or developmental disabilities  ; and
(II)
in clause (ii)—
(aa)
by striking  is mentally retarded  and inserting  has an intellectual or developmental disability ; and
(bb)
by striking  for mental retardation  and inserting  for intellectual or developmental disabilities ; and
(B)
in paragraph (4)—
(i)
in subparagraph (A)(vii), by striking  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 inserting  individuals with intellectual or developmental disabilities ; and
(7)
in section 1919(e)—
(A)
in paragraph (7)—
(i)
in subparagraph (A)(i), by striking  mentally ill and mentally retarded individuals  and inserting  individuals who are mentally ill or who have intellectual or developmental disabilities ;
(ii)
in subparagraph (B)—
(I)
by striking  mental retardation  each place such term appears and inserting  intellectual or developmental disability ;
(II)
in clause (ii)—
(aa)
in the heading, by striking
mentally retarded residents   and inserting
residents with intellectual or developmental disabilities  ; and
(bb)
in the matter preceding subclause (I), by striking  is mentally retarded  and inserting  has an intellectual or developmental 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 intellectual or developmental disability ;
(iii)
in subparagraph (C), by striking  mental retardation  each place such term appears and inserting  intellectual or developmental disability ;
(iv)
in subparagraph (E)—
(I)
by striking  are mentally retarded or  and inserting  have intellectual or developmental disabilities or are ; and
(II)
by striking  mental retardation  and inserting  intellectual or developmental disability ; and
(v)
in subparagraph (G)(ii)—
(I)
by striking  be  mentally retarded   and inserting  have  an intellectual or developmental disability  ; and
(II)
by striking  is mentally retarded or a person with  and inserting  has an intellectual or developmental disability or .