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139 STAT. 318 PUBLIC LAW 119–21—JULY 4, 2025 home or community-based services under any other waiver granted under this subsection, as determined by the Sec- retary. ‘‘(iii) The State establishes needs-based criteria, subject to the approval of the Secretary, regarding who will be eligible for home or community-based services under a waiver approved under this paragraph without requiring such individuals to have a determination described in para- graph (1), and specifies the home or community-based serv- ices such individuals so eligible will receive. ‘‘(iv) The State establishes needs-based criteria for determining whether an individual described in clause (iii) requires the level of care provided in a hospital, nursing facility, or an intermediate care facility for individuals with developmental disabilities under the State plan or under any waiver of such plan that are more stringent than the needs-based criteria established under clause (iii) for determining eligibility for home or community-based services. ‘‘(v) The State attests that the State’s average per capita expenditure for medical assistance under the State plan (or waiver of such plan) provided with respect to such individuals enrolled in a waiver under this paragraph will not exceed the State’s average per capita expenditure for medical assistance for individuals receiving institutional care under the State plan (or waiver of such plan) for the duration that the waiver under this paragraph is in effect. ‘‘(vi) The State provides to the Secretary data (in such form and manner as the Secretary may specify) regarding the number of individuals described in clause (iii) with respect to a State seeking approval of a waiver under this subsection, to whom the State will make such services available under such waiver. ‘‘(vii) The State agrees to provide to the Secretary, not less frequently than annually, data for purposes of paragraph (2)(E) (in such form and manner as the Secretary may specify) regarding, with respect to each preceding year in which a waiver under this subsection to provide home or community-based services to individuals described in clause (iii) was in effect— ‘‘(I) the cost (as such term is defined by the Sec- retary) of such services furnished to individuals described in clause (iii), broken down by type of service; ‘‘(II) with respect to each type of home or commu- nity-based service provided under the waiver, the length of time that such individuals have received such service; ‘‘(III) a comparison between the data described in subclause (I) and any comparable data available with respect to individuals with respect to whom a determination described in paragraph (1) has been made and with respect to individuals receiving institu- tional care under this title; and ‘‘(IV) the number of individuals who have received home or community-based services under the waiver during the preceding year. Data. Data. Criteria. Criteria.