About legislation H.R. 1721, S. 697:

The Community Living Assistance Services and Supports Act (CLASS Act) will create a national, voluntary disability insurance program (CLASS program) under which:

• All employees are automatically enrolled but are allowed to waive enrollment.
• Payroll deductions pay monthly premiums.
• Two-tiered benefits are provided, based on the level of disability, to purchase nonmedical services and supports that the beneficiary needs to maintain independence.

The CLASS Act establishes the Independence Fund within the Treasury Department and requires the CLASS program to be treated — for tax purposes — in the same manner as a qualified long-term care insurance contract.

The CLASS Act amends the Social Security Act to require each state to:

• Assess the extent to which personal care services providers are serving or are able to serve as fiscal agents, employers and providers of employment-related benefits for personal care attendant workers who provide personal care services to individuals receiving benefits under this Act.
• Designate or create entities to serve such purposes.
• Ensure that such entities will not negatively alter or impede existing programs, models, methods or administration of service delivery that provide for consumer controlled or self-directed home and community services; impede the ability of individuals to direct and control their home and community services; or inhibit individuals from relying on family members for such services.

The CLASS Act requires the secretary of Health and Human Services to establish a Personal Care Attendants Workforce Advisory Panel to examine and advise the Secretary and Congress on workforce issues related to personal care attendant workers. It amends the Internal Revenue Code to allow:

• A deduction for premiums paid for the CLASS program.
• A credit CLASS program for enrollees with low income.
• A credit for employers for the cost incurred to automatically enroll employees and withhold monthly premiums.

Latest major action:

On March 25, 2009, the bill was referred to the House committee.

Status:

Referred to the Committee on Energy and Commerce, as well as the Ways and Means, Rules and Budget committees for a period to be determined by the House speaker. Each committee will consider the provisions that fall within its jurisdiction.