; and (3) with respect to the total number described in paragraph (2), the total number of individuals described in that paragraph who were transitioned from a nursing facility, an intermediate care facility for the mentally retarded, an institution for mental diseases, or any other similarly restrictive or institutional setting to a home and community-based setting, disaggregated by the type of home and community-based setting. . (c) Inclusion as a mandatory service Section 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(A) ) is amended by striking other than and inserting including similar services such as rehabilitative services and assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, that are provided, at the individual’s option, in a home and community-based setting (as defined in section 1904A(a)(3)), but not including . (d) Application to waivers Notwithstanding section 1904A of the Social Security Act (as added by subsection (b)), such section and sections 1902(a)(84) and 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396 et seq.), as amended by subsections (a) and (c), respectively, shall not apply to any individuals who are eligible for medical assistance for home and community-based services under a waiver under section 1115 or 1915 of the Social Security Act ( 42 U.S.C. 1315 , 1396n) and who are receiving such services, to the extent such sections (as so added or amended) are inconsistent with any such waiver. (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2019. (2) Delay permitted if State legislation required In the case of a State plan under section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the