§ 7–771.07d. Home and Community-Based Services Enhancement Fund.

(a) There is established as a special fund the Medicaid Home and Community-Based Services Enhancement Fund ("Fund"), which shall be administered by the Department in accordance with subsections (c) and (d) of this section.

(b)(1) On or before October 1, 2022, the Chief Financial Officer shall deposit into the Fund an amount of local funds equal to the amount of federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817 Enhancement Amount"), minus the amount of the Section 9817 Enhancement Amount expended by the District before the date the Chief Financial Officer makes the deposit required by this paragraph.

(2) There shall be deposited into the Fund after the date the Chief Financial Officer makes the deposit required by paragraph (1) of this subsection an amount of local funds equal to the amount of any additional federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817").

(c) Money in the Fund shall be used only to fund the implementation of activities that enhance, expand, or strengthen Medicaid home and community-based services, as described in the Initial Spending Plan and Narrative for Enhanced Funding for Medicaid Home and Community-Based Services under Section 9817, as such plan may be updated from time to time, or as otherwise authorized by the Centers for Medicare and Medicaid Services.

(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.