HEALTH quality measurement to assist in development ; Secretary entering into agreements with public, nonprofit or academic institutions with technical expertise in area of
Index of Sec 1730. ...ACCEPTABLE coverage ; State entering into Medicaid memorandum of understanding described in section 305(e)(2) of Affordable Health Care for America Act with Health Choices Commissioner with respect to coordinating implementation of provisions of division A of Act with State plan under title in order to ensure enrollment of Medicaid eligible individuals in
Index of Sec 1702. ...ACCEPTABLE coverage ; End of period referred in paragraph being not otherwise covered under
Index of Sec 1702. ...ACCEPTABLE coverage without interruption of coverage or written plan of treatment ; Qualified health benefits planning offered through Health Insurance Exchange or other
Index of Sec 1703. ...ACCOUNT ratio of amount of dss funds allocated to State to number of uninsured individuals in State ; Taking into
Index of Sec 1704. ...ACCOUNT ; Rates established for payments to medicaid managed care organizations under sections 1903(m) and 1932 take into
Index of Sec 1728. ...ACCOUNT ; Amounts incurred for prescription drugs for cosmetic purposes not to be taken into
Index of Sec 1738. ...ACCOUNT additional drugs included under amendments making by section 1743 of Act Secretary adjusting payment reduction for calendar quarter to extent Secretary ; Taking into
Index of Sec 1742. ...ACCOUNT recommendations of Advisory Committee and goals for approved medical residency training programs described in section 1886(h)(1)(b) ; Taking into
Index of Sec 1744. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...ADMINISTRATIVE functions on which federal Medicaid funds expended and amounts of expenditures ;
Index of Sec 1747. ...ADMINISTRATIVE procedures ; Infusion or injectable drug or Secretary determining as allowed in Agency
Index of Sec 1741. ...ADMINISTRATIVE simplification efforts targeted specifically to vulnerable populations ; Guidance including provisions to ensure that outreach, enrollment assistance and
Index of Sec 1785. ...ADMINISTRATIVE simplification methods for vulnerable and underserved populations as specified in subsection ; Secretary reviewing and reporting to Congress on progress in implementing targeted outreach, application and enrollment assistance and
Index of Sec 1785. ...ADULT day health care services, day activity and health services or adult medical day care services as defined under State Medicaid plan approved during or 1994 ; Withholding, suspending, disallowing or otherwise denying Federal financial participation under section 1903(a) of Social Security Act 42 USC 1396b(a) for provision of
Index of Sec 1735. ...AFFILIATIONS ; Sec 1757, medicaid and Chip exclusion from participation relating to certain ownership, Control and management
Index of Sec 1757. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for
Index of Sec 1702. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act ; Commissioner determining that State Medicaid agency having capacity to make determinations of eligibility for
Index of Sec 1702. ...AFFORDABILITY credits ; State Medicaid agency determining that Exchange-eligible individual being not eligible for
Index of Sec 1702. ...AFFORDABILITY credits under subtitle C of title II of division C of Act ; Comparing benefits packaging offered under average State child health plan under title XXI in 2011 and benefit standards initially adopted under section 224(b) of Affordable Health Care for America Act and
Index of Sec 1703. ...AFFORDABILITY credits through Health Insurance Exchange ; Individual applying to State for assistance in obtaining health coverage and State determining that individual being not eligible for medical assistance under title and not authorized under memorandum to make determination with respect to eligibility for coverage and
Index of Sec 1702. ...AMBULATORY services offered by freestanding birth center and otherwise included in plan ; Freestanding birth center services and other
Index of Sec 1724. ...ASSESSMENT of impact of demonstration project on costs of full range of mental health services under plan as contrasted with comparison areas ;
Index of Sec 1787. ...ASSET or resource test in determining eligibility of individual after first day under following ; State applying
Index of Sec 1703. ...ASSET or resource test described in subparagraph waived ; Provisions of title preventing waiver of
Index of Sec 1703. ...AUTHORIZATION or management practices or application of medical necessity and appropriateness criteria applicable to behavioral health ; States participating in demonstration project managing provision of benefits under project through utilization review,
Index of Sec 1787. ...DOCUMENTATION of income and asseal, presumptive eligibility, continuous eligibility and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements,
Index of Sec 1785. ...BEHAVIORAL health ; States participating in demonstration project managing provision of benefits under project through utilization review, authorization or management practices or application of medical necessity and appropriateness criteria applicable to
Index of Sec 1787. ...DRUG or biological under section 1847a ; Process used by Secretary in determining average sales pricing of
Index of Sec 1741. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...CHILD health and pregnancy outcomes or increasing birth intervals between pregnancies ; Improving maternal or
Index of Sec 1713. ...CHILD health assistance under State child health plan insofar as plan providing benefits under title ; Beginning with 2014 not described in subclause and eligible for
Index of Sec 1701. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...CHILD health assistance under title XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or
Index of Sec 1730. ...CHILD health assistance under title through means other than described in section 2101(a)(2) ; Case of State child health plan providing
Index of Sec 1733. ...CHILD health assistance under title ; Family income to be determined in same manner specified by State for purposes of determining child's eligibility for
Index of Sec 1734. ...CHILD health assistance under Chip under title XXI of Act providing assistance to individuals for enrollment in applicable programs and establishing methods or procedures for eliminating application and enrollment barriers ; Secretary of Health and Human Services issuing guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of Social Security Act or
Index of Sec 1785. ...CHILD health plan insofar as plan providing benefits under title ; Beginning with 2014 not described in subclause and eligible for child health assistance under State
Index of Sec 1701. ...CHILD health plan under title XXI being more restrictive than eligibility standards, methodologies or procedures under plan as in effect on June 16 ; Subject to paragraph State not in effect eligibility standards, methodologies or procedures under State
Index of Sec 1703. ...CHILD health plan under title XXI ; Paragraph not to be construed as preventing State from imposing limitation described in section 2110(b)(5)(c)(i) for fiscal year in order to limit expenditures under State
Index of Sec 1703. ...AFFORDABILITY credits under subtitle C of title II of division C of Act ; Comparing benefits packaging offered under average State child health plan under title XXI in 2011 and benefit standards initially adopted under section 224(b) of Affordable Health Care for America Act and
Index of Sec 1703. ...CHILD health plan ; Coverage being comparable to coverage provided to children average State
Index of Sec 1703. ...CHILD health assistance under title through means other than described in section 2101(a)(2) ; Case of State child health plan providing
Index of Sec 1733. ...CHILD health Plan ; Sec 1756, termination of Provider participation under medicaid and Chip if terminated under medicare or other State Plan or
Index of Sec 1756. ...CHILD involvement in criminal justice system ; Improving family stability or reducing maternal and
Index of Sec 1713. ...CHILD health assistance under title ; Family income to be determined in same manner specified by State for purposes of determining child's eligibility for
Index of Sec 1734. ...CHILD'S enrollment ceasing for reason ; Model ensuring that patient-centered medical home services received by child providing for continuous involvement and education of parent or caregiver and assistance to child in obtaining necessary transitional care if
Index of Sec 1722. ...CHRONIC illness ; Wireless patient management technologies approved by Food and drugging Administration and enabling providers and practitioners to communicate directly with patients in managinging
Index of Sec 1722. ...COMPLIANCE ; Year period to become in
Index of Sec 1783. ...COMPLIANCE program described in paragraph of section in accordance with section ; Providing that provider or supplier providing services under plan establishing
Index of Sec 1753. ...COMPUTER systems in order to anticipate meeting reporting requirements necessary to implement plan contained in report under subsection ; Northern Mariana Islands and American Samoa in upgrading existing
Index of Sec 1771. ...CONSUMER price index for 12-month period ending in August of previous year ; Amount specified in clause for previous year increased by annual rate of increase in medical care component of
Index of Sec 1738. ...CONTRACT providing that entity reporting to State ;
Index of Sec 1743. ...CONTRACTS entered or renewed after July 1 ; Amendments making by subsection applying to
Index of Sec 1755. ...CONTRACT year beginning in 2011 and subsequent contract year ;
Index of Sec 1752. ...CONTRACT year ; Contract year beginning in 2011 and subsequent
Index of Sec 1752. ...ACCOUNT ; Amounts incurred for prescription drugs for cosmetic purposes not to be taken into
Index of Sec 1738. ...CRIMINAL justice system ; Improving family stability or reducing maternal and child involvement in
Index of Sec 1713. ...DEFICIT described in paragraph for facilitying as reported on facility's latest available Medicare cost report ; No case payment amount for eligible dually-certified facility for year under subparagraph to be more than payment
Index of Sec 1745. ...HEALTH and developmental conditions ; Specializing training for foster parent and consulations with foster parent on management of children with mental illnesses and related
Index of Sec 1727. ...DIAGNOSTIC code described in section 1886(d)(4)(d)( iv and health care acquired condition determined as non-covered service under title XVIII ; Respect to amounts expended for services related to presence of condition to be identified by secondary
Index of Sec 1751. ...DISCHARGES occurring after January 1 ; Amendments making by section applying to
Index of Sec 1751. ...ASSESSMENT of discharge planning by participating hospitals ensuring access to furthing emergency inpatient or residential care ;
Index of Sec 1787. ...DISPROPORTIONATE share hospitals ; Term Medicaid dss meaning adjustments in payments under section 1923 of Social Security Act for inpatient hospital services furnished by
Index of Sec 1704. ...DRUG for rare disease or condition ; Term orphan drugs meaning prescription drugs designated under section 526 of Federal Food, Drug and Cosmetic Act 21 USC 360bb as
Index of Sec 1738. ...DRUG or biological under section 1847a ; Process used by Secretary in determining average sales pricing of
Index of Sec 1741. ...DRUG ; Price concessions in order to obtain accurate amp for
Index of Sec 1741. ...DRUG or product ; Rebate obligation with respect to drug under section to be amount computed under section for new
Index of Sec 1742. ...DRUG ; Not later than 30 days after last day of month of rebate period under agreement on manufacturer's total number of units used to calculate monthly average manufacturer price for covered outpatient
Index of Sec 1741. ...ADMINISTRATIVE procedures ; Infusion or injectable drug or Secretary determining as allowed in Agency
Index of Sec 1741. ...DRUG costs described in subparagraph determined to be eligible for medical assistance under title ; Case of individual with extremely high prescription
Index of Sec 1738. ...DRUG costs described in subparagraph for 12-month period being individual ; Individual with extremely high prescription
Index of Sec 1738. ...DRUG coverage under plan as of beginning of period ; Exhausting available prescription
Index of Sec 1738. ...DRUG coverage ; Covering under health insurance or health benefiting plan having maximum lifetime limit of not less than $1,000,000 including prescription
Index of Sec 1738. ...ECONOMIC downturns ; Revising current formula for Federal medical assistance percentage to betting reflecting State fiscal capacity and State effort to pay for health and long-term care services and betting adjusting for national or regional
Index of Sec 1747. ...ECONOMIC self-sufficiency, employment advancement, school-readiness and educational achievement or reducing dependence on public assistance ; Increasing
Index of Sec 1713. ...EDUCATION and payments used for graduate medical education ; Information on total payments for graduate medical
Index of Sec 1744. ...CHILD'S enrollment ceasing for reason ; Model ensuring that patient-centered medical home services received by child providing for continuous involvement and education of parent or caregiver and assistance to child in obtaining necessary transitional care if
Index of Sec 1722. ...EDUCATION consistent with subsection whether provided or outside of hospital ; Term medical assistance including payment for costs of graduate medical
Index of Sec 1744. ...EDUCATION ; Information on total payments for graduate medical education and payments used for graduate medical
Index of Sec 1744. ...EDUCATION ; Rates including payment for graduate medical
Index of Sec 1744. ...EDUCATION ; Amendments making by section taking effect on date of enactment of Act Nothing in section to be construed as affecting payments making before date under State plan under title XIX of Social Security Act for graduate medical
Index of Sec 1744. ...EDUCATIONAL achievement or reducing dependence on public assistance ; Increasing economic self-sufficiency, employment advancement, school-readiness and
Index of Sec 1713. ...ELIGIBILITY for traditional medicaid eligible Individuals with income not exceeding 150 percent of federal poverty Level ;
Index of Sec 1701. ...AFFORDABILITY credits through Health Insurance Exchange ; Individual applying to State for assistance in obtaining health coverage and State determining that individual being not eligible for medical assistance under title and not authorized under memorandum to make determination with respect to eligibility for coverage and
Index of Sec 1702. ...ELIGIBILITY of individual after first day under following ; State applying asset or resource test in determining
Index of Sec 1703. ...ELIGIBILITY for services under subsection ; Option of State, purposes of subsection, determining
Index of Sec 1714. ...ELIGIBILITY for benefits for designated Federal program defined in paragraph, section 401(a) and paragraph not applying to individual lawfully residing in 1 of 50 States or District of Columbia in accordance with Compacts of Free Association between Government of United States and Governments of Federated States of Micronesia ; Respect to
Index of Sec 1736. ...ELIGIBILITY ; Exception to 5-year limited
Index of Sec 1736. ...DOCUMENTATION of income and asseal, presumptive eligibility, continuous eligibility and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements,
Index of Sec 1785. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for
Index of Sec 1702. ...ELIGIBILITY and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements, documentation of income and asseal, presumptive eligibility, continuous
Index of Sec 1785. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act ; Commissioner determining that State Medicaid agency having capacity to make determinations of eligibility for
Index of Sec 1702. ...ELIGIBILITY making after January 1 ; Amendment making by subsection applying to determinations of
Index of Sec 1733. ...DOCUMENTATION of income and asseal, presumptive eligibility, continuous eligibility and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements,
Index of Sec 1785. ...ELIGIBILITY and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements, documentation of income and asseal, presumptive eligibility, continuous
Index of Sec 1785. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for
Index of Sec 1702. ...ELIGIBILITY of individual consistent with sectioning and memorandum ; Redeterminations of
Index of Sec 1702. ...ELIGIBILITY determination under subtitle C of title II of division A of Affordable Health Care for America Act ; Including erroneous payments making being attributable to error in
Index of Sec 1702. ...ELIGIBILITY option described in section 1902(e) for targeted low-income children whose family income below 200 percent of poverty line ; Plan providing for implementation under title of 12-month continuous
Index of Sec 1733. ...ELIGIBILITY period ; State plan approved under section 1902 providing for making medical assistance available to individual described in section 1902( hh during presumptive
Index of Sec 1714. ...ELIGIBILITY period in accordance with section ; Providing for making medical assistance available to individuals described in subsection of section 1920c during presumptive
Index of Sec 1714. ...ELIGIBILITY period under section ; Medical assistance provided to individual described in subsection of section 1920c during presumptive
Index of Sec 1714. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; Subject to paragraph State not in effect eligibility standards, methodologies or procedures under State child health plan under title XXI being more restrictive than
Index of Sec 1703. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; State being not eligible for payment under subsection for calendar quarter beginning after date of enactment of subsection if eligibility standards, methodologies or procedures under plan under title being more restrictive than
Index of Sec 1703. ...CHILD health plan under title XXI being more restrictive than eligibility standards, methodologies or procedures under plan as in effect on June 16 ; Subject to paragraph State not in effect eligibility standards, methodologies or procedures under State
Index of Sec 1703. ...EDUCATIONAL achievement or reducing dependence on public assistance ; Increasing economic self-sufficiency, employment advancement, school-readiness and
Index of Sec 1713. ...EXEMPTION from funding limitation for territories ;
Index of Sec 1731. ...CHILD health plan under title XXI ; Paragraph not to be construed as preventing State from imposing limitation described in section 2110(b)(5)(c)(i) for fiscal year in order to limit expenditures under State
Index of Sec 1703. ...EXPENDITURES making after July 1 ; Amendment making by paragraph applying to
Index of Sec 1704. ...EXPENDITURES for calendar quarters beginning after date of enactment of Act and January 1, 2013 ; Amendments making by section applying to
Index of Sec 1731. ...EXPENDITURES being made consistent with goals and requirements as established under paragraph ;
Index of Sec 1744. ...EXPENDITURES ; Administrative functions on which federal Medicaid funds expended and amounts of
Index of Sec 1747. ...EXPENDITURES in quarter for medical assistance described in subsection ; Quarter equal to Federal medical assistance percentage of
Index of Sec 1787. ...FEDERAL government, States, providers and beneficiaries ; Comptroller General submitting to appropriate committees of Congress report on study conducted under paragraph and effect on
Index of Sec 1747. ...EXPENDITURES ; Administrative functions on which federal Medicaid funds expended and amounts of
Index of Sec 1747. ...FEDERAL payments making to State Medicaid programs under title XIX of Social Security Act for purposes of making recommendations to Congress ; Comptroller General of United States conducting study regarding
Index of Sec 1747. ...FINANCIAL need ; Hospitals allowing or providing reduced charges for individuals based on
Index of Sec 1783. ...FINANCIAL participation resulting from implementation of pilot program under section not exceeding in aggregate $1,235,000,000 over 5-year period of program ; Additional Federal
Index of Sec 1722. ...FINANCIAL participation based on Federal medical assistance percentage for amounts in excess of specified under subparagraph ; Subparagraph not to be construed as preventing payment of Federal
Index of Sec 1721. ...FEDERAL financial participation for services provided to youth and excluded under subsection 1905(a) ; State not claiming
Index of Sec 1729. ...ADULT day health care services, day activity and health services or adult medical day care services as defined under State Medicaid plan approved during or 1994 ; Withholding, suspending, disallowing or otherwise denying Federal financial participation under section 1903(a) of Social Security Act 42 USC 1396b(a) for provision of
Index of Sec 1735. ...FINANCIAL participation for payments ; Specific upper limit under section 447.332 of title 42, Code of Federal Regulations applicable to payments making by State for multiple source drugs under State Medicaid plan continuing to apply through December 31, 2010 for purposes of availability of Federal
Index of Sec 1741. ...FINANCING ; 2013 Secretary of Health and Human Services submitting to Congress report detailing plan for transition of territory to full parity in Medicaid with 50 States and District of Columbia in fiscal year 2020 by modifying existing Medicaid programs and outlining actions Secretary and governments of territory taking by fiscal year 2020 to ensure parity in
Index of Sec 1771. ...ECONOMIC downturns ; Revising current formula for Federal medical assistance percentage to betting reflecting State fiscal capacity and State effort to pay for health and long-term care services and betting adjusting for national or regional
Index of Sec 1747. ...CHILD health plan under title XXI ; Paragraph not to be construed as preventing State from imposing limitation described in section 2110(b)(5)(c)(i) for fiscal year in order to limit expenditures under State
Index of Sec 1703. ...FISCAL year ; Secretary reducing dss allotments to States in amount specified under dss health reform methodolology under paragraph for State for
Index of Sec 1704. ...FISCAL year ; Allotment making under section 1923(f) of Social Security Act 42 USC 1396r-4(f) to State for
Index of Sec 1704. ...FISCAL year specified in subparagraph ; Secretary publishing in Federal registering notice specifying dss allotment to State under 1923(f) of Social Security Act for respective
Index of Sec 1704. ...FISCAL years For which subsections applying ; Section 5001 of division B of American Recovery and Reinvestment Act of 2009 to States and District for calendar quarters during
Index of Sec 1771. ...FISCAL year 2010 ; Appropriating $40,000,000 for 5-fiscal-year period beginning with
Index of Sec 1730. ...FISCAL year 2011 ; Amendments making by paragraph applying beginning with
Index of Sec 1771. ...FISCAL year 2014 and subsequent years ; No funds to be appropriated or authorized to be appropriated under section for
Index of Sec 1703. ...FISCAL year 2017 ; Respect to dss allotments described in subparagraph for
Index of Sec 1704. ...FISCAL year 2018 ; Respect to dss allotments described in subparagraph for
Index of Sec 1704. ...FISCAL year 2019 ; Respect to dss allotments described in subparagraph for
Index of Sec 1704. ...FISCAL year 2020 ; Report on achieving medicaid parity payments beginning with
Index of Sec 1771. ...FINANCING ; 2013 Secretary of Health and Human Services submitting to Congress report detailing plan for transition of territory to full parity in Medicaid with 50 States and District of Columbia in fiscal year 2020 by modifying existing Medicaid programs and outlining actions Secretary and governments of territory taking by fiscal year 2020 to ensure parity in
Index of Sec 1771. ...FISCAL year 2020 to ensure parity with 50 States ; Federal medical assistance percentages to be calculated for territories beginning in
Index of Sec 1771. ...FISCAL years 2011 through 2019 ; Subject to section 347(b)(1) of Affordable Health Care for America Act with respect to
Index of Sec 1771. ...FISCAL years 2017 through 2019 Secretary effecting following reductions ;
Index of Sec 1704. ...FISCAL year 2010 ; Appropriating $40,000,000 for 5-fiscal-year period beginning with
Index of Sec 1730. ...FRAUD and abuse ; Nothing in paragraph to be construed as preventing State from limiting classes of entities becoming qualified entities in order to prevent
Index of Sec 1714. ...FRAUD and Abuse ; Sec 1758, requirement to Report expanded Set of data elements under MMIS to detect
Index of Sec 1758. ...GEOGRAPHIC diversity on basis of application to conduct demonstration project under section submitted by States ; States to be selected by Secretary in manner so as to providing
Index of Sec 1787. ...GUIDANCE prior to issuing implementing policies under section ; Secretary consulting with stakeholders through formal process to obtain
Index of Sec 1783. ...CHILD health assistance under Chip under title XXI of Act providing assistance to individuals for enrollment in applicable programs and establishing methods or procedures for eliminating application and enrollment barriers ; Secretary of Health and Human Services issuing guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of Social Security Act or
Index of Sec 1785. ...HEALTH and substance abuse needs of individuals ; State not requiring under paragraph enrollment in managed care entity of individual described in section 1902(a) unless State demonstrating that entity having capacity to meet health, mental
Index of Sec 1701. ...HEALTH and developmental conditions ; Specializing training for foster parent and consulations with foster parent on management of children with mental illnesses and related
Index of Sec 1727. ...ECONOMIC downturns ; Revising current formula for Federal medical assistance percentage to betting reflecting State fiscal capacity and State effort to pay for health and long-term care services and betting adjusting for national or regional
Index of Sec 1747. ...HEALTH and mental health service system and individuals enrolled in Medicaid program ; Evaluation to be conducted of demonstration project's impact on functioning of
Index of Sec 1787. ...ACCEPTABLE coverage without interruption of coverage or written plan of treatment ; Qualified health benefits planning offered through Health Insurance Exchange or other
Index of Sec 1703. ...HEALTH benefits planning including coverage under plan offered under State high risk pool ; Term
Index of Sec 1738. ...HEALTH care at childbirth and providing care within scope of practice under which individual legally authorized to perform care under State law ; Term licensed birth attendant meaning individual licensed or registered by State involved to provide
Index of Sec 1724. ...HEALTH Care-acquired CONDITIONS ; Permission to include additional
Index of Sec 1751. ...HEALTH care provider registering with State and Secretary in form and manner specified by Secretary under section 1866(j)(1)(d) ; Providing that agent, clearinghouse or other alternate payee submiting claims on behalf of
Index of Sec 1759. ...HEALTH care acquired condition determined as non-covered service under title XVIII ; Respect to amounts expended for services related to presence of condition to be identified by secondary diagnostic code described in section 1886(d)(4)(d)( iv and
Index of Sec 1751. ...HEALTH care reforms carried out under division A in reducing number of uninsured individuals ; 2016 Secretary of Health and Human Services submitting to Congress report concerning extent, based upon impact of
Index of Sec 1704. ...HEALTH care services, day activity and health services or adult medical day care services as defined under State Medicaid plan approved during or 1994 ; Withholding, suspending, disallowing or otherwise denying Federal financial participation under section 1903(a) of Social Security Act 42 USC 1396b(a) for provision of adult day
Index of Sec 1735. ...AFFORDABILITY credits through Health Insurance Exchange ; Individual applying to State for assistance in obtaining health coverage and State determining that individual being not eligible for medical assistance under title and not authorized under memorandum to make determination with respect to eligibility for coverage and
Index of Sec 1702. ...HEALTH facility ; Term freestanding birth center meaning
Index of Sec 1724. ...HEALTH quality measurement to assist in development ; Secretary entering into agreements with public, nonprofit or academic institutions with technical expertise in area of
Index of Sec 1730. ...FISCAL year ; Secretary reducing dss allotments to States in amount specified under dss health reform methodolology under paragraph for State for
Index of Sec 1704. ...HEALTH services or adult medical day care services as defined under State Medicaid plan approved during or 1994 ; Withholding, suspending, disallowing or otherwise denying Federal financial participation under section 1903(a) of Social Security Act 42 USC 1396b(a) for provision of adult day health care services, day activity and
Index of Sec 1735. ...HEALTH services as authorized by State law ; Medical and other
Index of 0CHILD health assistance under Chip under title XXI of Act providing assistance to individuals for enrollment in applicable programs and establishing methods or procedures for eliminating application and enrollment barriers ; Secretary of Health and Human Services issuing guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of Social Security Act or
Index of Sec 1785. ...ELIGIBILITY period ; State plan approved under section 1902 providing for making medical assistance available to individual described in section 1902( hh during presumptive
Index of Sec 1714. ...HH ; Begining with date on which qualified entity determining that individual described in section 1902(
Index of Sec 1714. ...HIV or Aids ; Children, unaccompanied homeless youth, victims of abuse or trauma, individuals with mental health or substance related disorders and individuals with
Index of Sec 1785. ...HOME and community services including ability to select ; Methods or administration of service delivery providing for consumer controlled or self-directed home and community services and further ensuring that entities not impeding ability of individuals to direct and control
Index of Sec 1739. ...HOME and community services and further ensuring that entities not impeding ability of individuals to direct and control home and community services including ability to select ; Methods or administration of service delivery providing for consumer controlled or self-directed
Index of Sec 1739. ...HOME concept under title XIX of Social Security Act pilot program operating for period of up to 5 years ; Secretary of Health and Human Services establishing under section medical home pilot program under which State applying to Secretary for approval of medical home pilot project described in subsection for application of medical
Index of Sec 1722. ...HOME models described in section 1866f(a)(3) of Social Security Act or other model as Secretary approving ; Pilot project being project applying one or more of medical
Index of Sec 1722. ...HOME concept under title XIX of Social Security Act pilot program operating for period of up to 5 years ; Secretary of Health and Human Services establishing under section medical home pilot program under which State applying to Secretary for approval of medical home pilot project described in subsection for application of medical
Index of Sec 1722. ...HOME pilot program under section 1866f of Act ; Individuals being eligible for medical assistance under title XIX of Social Security Act Secretary providing for appropriate coordination of pilot program under section with medical
Index of Sec 1722. ...HOME concept under title XIX of Social Security Act pilot program operating for period of up to 5 years ; Secretary of Health and Human Services establishing under section medical home pilot program under which State applying to Secretary for approval of medical home pilot project described in subsection for application of medical
Index of Sec 1722. ...CHILD'S enrollment ceasing for reason ; Model ensuring that patient-centered medical home services received by child providing for continuous involvement and education of parent or caregiver and assistance to child in obtaining necessary transitional care if
Index of Sec 1722. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...HOME visitation services meaning home visits by trained nurses to families with first-time pregnant woman or child ; Term nurse
Index of Sec 1713. ...HOME visits by trained nurses to families with first-time pregnant woman or child ; Term nurse home visitation services meaning
Index of Sec 1713. ...HOSPITAL making publicly available in accordance with section 501 of Medicare Prescription Drug, Improvement and Modernization Act of 2003 cross reference to MMA and Hospital comparing data, section 1139a or section 1139b ; Providing for timely access to information regarding quality of care at
Index of Sec 1783. ...HOSPITAL or essential access hospital ; No hospital to be defined or deemed as disproportionate share
Index of Sec 1704. ...HOSPITAL ; No hospital to be defined or deemed as disproportionate share hospital or essential access
Index of Sec 1704. ...DISPROPORTIONATE share hospital or essential access hospital ; No hospital to be defined or deemed as
Index of Sec 1704. ...HOSPITAL ; Term medical assistance including payment for costs of graduate medical education consistent with subsection whether provided or outside of
Index of Sec 1744. ...HOSPITAL responding to inquiries ; Factors considered in making determinations for reductions in charges including formula for determining and contact information for specific department of
Index of Sec 1783. ...HOSPITAL meaning institution meeting requirements of paragraphs and section 1861(e) and including ; Term
Index of Sec 1783. ...HOSPITAL charges and quality and making information available to public and Secretary ; Providing that State establishing and maintaining laws to require disclosure of information on
Index of Sec 1783. ...COMPLIANCE and not regarded as failing to comply with requirements during 2-year period ; States administering hospital price transparency policies not meeting requirements to have 2 years from date to make necessary modifications to come into
Index of Sec 1783. ...DISPROPORTIONATE share hospitals ; Term Medicaid dss meaning adjustments in payments under section 1923 of Social Security Act for inpatient hospital services furnished by
Index of Sec 1704. ...IDENTIFICATION of methodologies making under subparagraphs ; Submitting report to Congress including notice to States under subparagraph and analysis supporting
Index of Sec 1761. ...ELIGIBILITY option described in section 1902(e) for targeted low-income children whose family income below 200 percent of poverty line ; Plan providing for implementation under title of 12-month continuous
Index of Sec 1733. ...IMPLEMENTATION of pilot program under section not exceeding in aggregate $1,235,000,000 over 5-year period of program ; Additional Federal financial participation resulting from
Index of Sec 1722. ...IMPLEMENTATION of programs ; Secretary using authorities as available under law and working with entities as Secretary deeming appropriate to facilitate effective
Index of Sec 1785. ...ACCEPTABLE coverage ; State entering into Medicaid memorandum of understanding described in section 305(e)(2) of Affordable Health Care for America Act with Health Choices Commissioner with respect to coordinating implementation of provisions of division A of Act with State plan under title in order to ensure enrollment of Medicaid eligible individuals in
Index of Sec 1702. ...FEDERAL poverty Level ; Eligibility for traditional medicaid eligible Individuals with income not exceeding 150 percent of
Index of Sec 1701. ...INCOME below 200 percent of poverty line ; Plan providing for implementation under title of 12-month continuous eligibility option described in section 1902(e) for targeted low-income children whose family
Index of Sec 1733. ...INCOME being less than amount specified by State and not exceeding amount specified in subparagraph or income equal to cost of orphan drugs described in subparagraph ;
Index of Sec 1738. ...INCOME children and other eligible individuals ; Section 1900(b)(1)(a) of Social Security Act amended by striking children's access and inserting access by low-
Index of Sec 1784. ...DOCUMENTATION of income and asseal, presumptive eligibility, continuous eligibility and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements,
Index of Sec 1785. ...INCOME of family ; Family of child demonstrating that cost of health insurance coverage for family exceeding 10 percent of
Index of Sec 1734. ...INCOME official poverty line applicable to family of size involved ; 65 years of age not entitled to hospital insurance benefits under part A of title XVIII and whose family income not exceeding 150 percent of
Index of Sec 1701. ...INCOME official poverty line applicable to family of size involved ; Families whose income not exceeding 150 percent of
Index of Sec 1701. ...INCOME official poverty line applicable to family of size involved ; Families whose income not exceeding 150 percent of
Index of Sec 1701. ...INCOME in providing continued medicaid coverage for certain Individuals with extremely high prescription Costs ; Sec 1738, State option to disregard certain
Index of Sec 1738. ...INCOME not exceeding 150 percent of income official poverty line applicable to family of size involved ; 65 years of age not entitled to hospital insurance benefits under part A of title XVIII and whose family
Index of Sec 1701. ...INCOME below 200 percent of poverty line ; Plan providing for implementation under title of 12-month continuous eligibility option described in section 1902(e) for targeted low-income children whose family
Index of Sec 1733. ...CHILD health assistance under title ; Family income to be determined in same manner specified by State for purposes of determining child's eligibility for
Index of Sec 1734. ...INCOME as of beginning of period not exceeding 75 percent of amount incurred for drugs ; Whose annual family
Index of Sec 1738. ...INCOME disabled individual described in subsection and obtaining medical assistance under plan ; Whose income not exceeding maximum amount of
Index of Sec 1731. ...INCOME equal to cost of orphan drugs described in subparagraph ; Income being less than amount specified by State and not exceeding amount specified in subparagraph or
Index of Sec 1738. ...INCOME not exceeding 150 percent of income official poverty line applicable to family of size involved ; Families whose
Index of Sec 1701. ...INCOME not exceeding 150 percent of income official poverty line applicable to family of size involved ; Families whose
Index of Sec 1701. ...INCOME disabled individual described in subsection and obtaining medical assistance under plan ; Whose income not exceeding maximum amount of
Index of Sec 1731. ...INCOME data to be used to calculate Federal medical assistance percentages under section 1905(b) of Social Security Act, section 1108(a)(8)(b) of Act ; Part of reporting Secretary including information about per capita
Index of Sec 1771. ...INCOME subsidy program to constitute date of filing for benefits under Medicare Savings Program ; State considering date of individual's application for low
Index of Sec 1781. ...INFORMATION on basis of which determination being made to Commissioner ; Agency forwarding
Index of Sec 1702. ...INFORMATION regarding Class program established under title XXXII of Public Health Service Act ; Including
Index of Sec 1739. ...INFORMATION on covered outpatient drugs dispensed to individuals eligible for medical assistance enrolled with entity and entity being responsible for coverage of drugs under subsection ; State requiring in order to include
Index of Sec 1743. ...EDUCATION and payments used for graduate medical education ; Information on total payments for graduate medical
Index of Sec 1744. ...INFORMATION submitted under paragraph available to Advisory Committee on Health Workforce Evaluation and Assessment ; Secretary making
Index of Sec 1744. ...INFORMATION ; Report including
Index of Sec 1745. ...INCOME data to be used to calculate Federal medical assistance percentages under section 1905(b) of Social Security Act, section 1108(a)(8)(b) of Act ; Part of reporting Secretary including information about per capita
Index of Sec 1771. ...INFORMATION available to public and Secretary ; Providing that State establishing and maintaining laws to require disclosure of information on hospital charges and quality and making
Index of Sec 1783. ...INFORMATION by individuals seeking or requiring services ; Providing for timely access to
Index of Sec 1783. ...HOSPITAL making publicly available in accordance with section 501 of Medicare Prescription Drug, Improvement and Modernization Act of 2003 cross reference to MMA and Hospital comparing data, section 1139a or section 1139b ; Providing for timely access to information regarding quality of care at
Index of Sec 1783. ...INFORMATION on difference between amount paid by State to nursing facilities in State under Medicaid program under title and cost to facilities of providing efficient quality care to Medicaid eligible individuals ;
Index of Sec 1784. ...INFORMATION obtained by State as part of application process ; State referring individual to Commissioner for determination of eliging and providing to Commissioner
Index of Sec 1702. ...HOSPITAL responding to inquiries ; Factors considered in making determinations for reductions in charges including formula for determining and contact information for specific department of
Index of Sec 1783. ...DISCLOSURE of information on hospital charges and quality and making information available to public and Secretary ; Providing that State establishing and maintaining laws to require
Index of Sec 1783. ...INFORMATION as Secretary requiring to carry out paragraph with respect to rebates ; State reporting to Secretary total amount of rebates in dollars received from pharmacy manufacturers for drugs provided to individuals enrolled with Medicaid managed care organizations contracting under section 1903(m) and other
Index of Sec 1743. ...INFORMATION as Secretary determining assisting in carrying out paragraphs ; Other
Index of Sec 1744. ...INFORMATION on charges described in paragraph ; Providing for notice to individuals seeking or requiring services of availability of
Index of Sec 1783. ...INFORMATION ; Sec 1783 assuring transparency of
Index of Sec 1783. ...DRUG coverage ; Covering under health insurance or health benefiting plan having maximum lifetime limit of not less than $1,000,000 including prescription
Index of Sec 1738. ...HOSPITAL insurance benefits under part A of title XVIII and whose family income not exceeding 150 percent of income official poverty line applicable to family of size involved ; 65 years of age not entitled to
Index of Sec 1701. ...HEALTH insurance coverage for family exceeding 10 percent of income of family ; Family of child demonstrating that cost of
Index of Sec 1734. ...HEALTH insurance coverage offering through employer and lost coverage due ; Child previously having private health insurance coverage through group health plan or
Index of Sec 1734. ...HEALTH insurance coverage ; Permits individuals to be eligible solely to receive premium or cost-sharing subsidy for individual or group
Index of Sec 1703. ...HEALTH insurance coverage offering through employer and lost coverage due ; Child previously having private health insurance coverage through group health plan or
Index of Sec 1734. ...CHILD health assistance under title XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or
Index of Sec 1730. ...JEOPARDY deficiencies as defined by Secretary ; Facility not cited for immediate
Index of Sec 1745. ...JURISDICTION in Congress on payments making under subsection ; Secretary submitting annual report to committees with
Index of Sec 1745. ...JUSTIFICATIONS before State making rates final ; Explanation of process used by State to allow providers, beneficiaries and representatives and other concerned State residents reasonable opportunity to review and comment on rates, methodologies and
Index of Sec 1746. ...LEGISLATIVE session ; State plan not to be regarded as failing to comply with requirements of title XIX solely on basis of failure to meet additional requirement before first day of first calendar quarter beginning after close of first regular session of State legislature begining after date of enactment of Act for purposes of previous sentence in case of State having 2-year
Index of Sec 1790. ...LEGISLATIVE session ; State plan not to be regarded as failing to comply with requirements of title XIX solely on basis of failure to meet additional requirement before first day of first calendar quarter beginning after close of first regular session of State legislature begining after date of enactment of Act for purposes of previous sentence in case of State having 2-year
Index of Sec 1790. ...LEGISLATURE ; Year of session to be deemed to be separate regular session of State
Index of Sec 1790. ...DRUG destruction ; Damaging, expired or otherwise unsalable returned goods reversing logistics and
Index of Sec 1741. ...FISCAL year 2020 due to factors ; Mandatory ceiling amounts for territory provided in section 1108 of Social Security Act 42 USC 1308 to be increased time before
Index of Sec 1771. ...MATERNITY care provided under State plans under titles XIX and XXI ; Secretary developing and publishing for comment proposed set of measures accurately describing quality of
Index of Sec 1730. ...MATERNITY care furnished under State plans under titles XIX and XXI ; Availability of reliable data relating to quality of
Index of Sec 1730. ...MATERNITY care quality measures for use by State programs under titles XIX and XXI to collect data from managed care entities and providers and practitioners participating in programs and reporting maternity care quality measures to Secretary ; Secretary developing and publishing standardized reporting format for
Index of Sec 1730. ...ACCOUNT ; Rates established for payments to medicaid managed care organizations under sections 1903(m) and 1932 take into
Index of Sec 1728. ...MEDICAID managed care organization if organization being responsible for coverage of drugs ; Including drugs dispensed to individuals enrolled with
Index of Sec 1743. ...CHILD health Plan ; Sec 1756, termination of Provider participation under medicaid and Chip if terminated under medicare or other State Plan or
Index of Sec 1756. ...AFFILIATIONS ; Sec 1757, medicaid and Chip exclusion from participation relating to certain ownership, Control and management
Index of Sec 1757. ...MEDICAID managed Care organizations ; Extension of prescription Drug Discounts to Enrollees of
Index of Sec 1743. ...FEDERAL poverty Level ; Eligibility for traditional medicaid eligible Individuals with income not exceeding 150 percent of
Index of Sec 1701. ...MEDICAID coverage for Youths upon Release from public INSTITUTIONS ; Sec 1729 preserving
Index of Sec 1729. ...MEDICAID coverage for certain Individuals with extremely high prescription Costs ; Sec 1738, State option to disregard certain income in providing continued
Index of Sec 1738. ...MEDICAID integrity Program ; Sec 1752, evaluations and Reports required under
Index of Sec 1752. ...FISCAL year 2020 ; Report on achieving medicaid parity payments beginning with
Index of Sec 1771. ...MEDICAL assistance available for medicare cost-sharing described in subparagraphs and section 1905(p)(3), individuals under 65 years of age to be qualified medicare beneficiaries described in section 1905(p)(1) ; Making
Index of Sec 1701. ...MEDICAL assistance for individuals described in subclause of section 1902(a) ; Amounts expended for
Index of Sec 1701. ...MEDICAL assistance under title XIX of Act under demonstration waiver approved under section 1115 of acting or State funds ; Adding by paragraphs and individual provided
Index of Sec 1701. ...MEDICAL assistance under title XIX of Act under demonstration waiver approved under section 1115 of acting or State funds ; Individual provided
Index of Sec 1701. ...MEDICAL assistance for children described in section 305(d)(1) of Affordable Health Care for America Act during time period specified in section ; Amounts expended for
Index of Sec 1701. ...AFFORDABILITY credits through Health Insurance Exchange ; Individual applying to State for assistance in obtaining health coverage and State determining that individual being not eligible for medical assistance under title and not authorized under memorandum to make determination with respect to eligibility for coverage and
Index of Sec 1702. ...MEDICAL assistance under Medicaid ; Term Medicaid eligible individual meaning individual being eligible for
Index of Sec 1702. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...ELIGIBILITY period ; State plan approved under section 1902 providing for making medical assistance available to individual described in section 1902( hh during presumptive
Index of Sec 1714. ...MEDICAL assistance required to be made by not later than last day of month following month during that determination being made ; Application for
Index of Sec 1714. ...MEDICAL assistance by not later than last day of month following month during that determination being made ; Individual applying for
Index of Sec 1714. ...MEDICAL assistance provided by plan for purposes of clause of first sentence of section 1905(b) ; Treating as
Index of Sec 1714. ...ELIGIBILITY period in accordance with section ; Providing for making medical assistance available to individuals described in subsection of section 1920c during presumptive
Index of Sec 1714. ...ELIGIBILITY period under section ; Medical assistance provided to individual described in subsection of section 1920c during presumptive
Index of Sec 1714. ...MEDICAL assistance for family planning services and supplies in accordance with section ; State not providing for medical assistance through enrollment of individual with benchmark coverage or benchmark-equivalent coverage under section unless coverage including for individual described in section 1905(a)(4)(c),
Index of Sec 1714. ...MEDICAL assistance for services described in section 1902(a) furnished after January 1, 2010 ; Portion of amounts expended for
Index of Sec 1721. ...HOME pilot program under section 1866f of Act ; Individuals being eligible for medical assistance under title XIX of Social Security Act Secretary providing for appropriate coordination of pilot program under section with medical
Index of Sec 1722. ...MEDICAL assistance under title immediately upon leaving institution ; State ensuring that enrollment under subparagraph to be completed before dating so that youth accessing
Index of Sec 1729. ...CHILD health assistance under title XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or
Index of Sec 1730. ...MEDICAL assistance under plan ; Whose income not exceeding maximum amount of income disabled individual described in subsection and obtaining
Index of Sec 1731. ...MEDICAL assistance under plan ; Whose resources not exceeding maximum amount of resources disabled individual described in subsection and obtaining
Index of Sec 1731. ...MEDICAL assistance for individuals described in section 1902( ii being only eligible for assistance on basis of section 1902(a) ; Limitations under subsection and previous provisions of subsection not applying to amounts expended for
Index of Sec 1731. ...MEDICAL assistance under title ; Case of individual with extremely high prescription drug costs described in subparagraph determined to be eligible for
Index of Sec 1738. ...MEDICAL assistance under title and eligible beneficiaries under Class program established under title XXXII of Public Health Service Act as Secretary establishing ; Providing that State complying with regulations regarding application of primary and secondary payor rules with respect to individuals being eligible for
Index of Sec 1739. ...MEDICAL assistance enrolled with entity and entity being responsible for coverage of drugs under subsection ; State requiring in order to include information on covered outpatient drugs dispensed to individuals eligible for
Index of Sec 1743. ...EDUCATION consistent with subsection whether provided or outside of hospital ; Term medical assistance including payment for costs of graduate medical
Index of Sec 1744. ...MEDICAL assistance ; Term Medicaid eligible individual meaning individual being eligible for
Index of Sec 1745. ...CODING methodologies established under Initiative with respect to title XVIII ; Methodologies of Initiative to be incorporated into claims filed under title with respect to items or services For which States providing medical assistance under title and no national correct
Index of Sec 1761. ...MEDICAL assistance with reasonable promptness ; Purpose of State's obligation under section 1902(a)(8) to furnish
Index of Sec 1781. ...MEDICAL assistance to be made available ; Purpose of determining when
Index of Sec 1781. ...MEDICAL assistance provided on behalf of individuals affected by project to be medical assistance provided under State plan and provisions of Act not explicitly waived in approving project remaining fully applicable to individuals receiving benefits under State plan ;
Index of Sec 1781. ...MEDICAL assistance available under plan to individual ; Secretary of Health and Human Services establishing demonstration project under which eligible State providing reimbursement under State Medicaid plan under title XIX of Social Security Act to institution for mental diseases being subject to requirements of section 1867 of Social Security Act 42 USC 1395dd for provision of
Index of Sec 1787. ...MEDICAL assistance to stabilize emergency medical condition ; Requiring
Index of Sec 1787. ...MEDICAL assistance described in subsection ; Quarter equal to Federal medical assistance percentage of expenditures in quarter for
Index of Sec 1787. ...MEDICAL assistance having meaning given to term in section 1905(a) of Social Security Act 42 USC 1396d(a) ; Term
Index of Sec 1787. ...MEDICAL assistance under title within 30 days of date application if filed with State ; State electing option under paragraph providing for determination on individual's application for continued
Index of Sec 1738. ...MEDICAL assistance percentage for amounts in excess of specified under subparagraph ; Subparagraph not to be construed as preventing payment of Federal financial participation based on Federal
Index of Sec 1721. ...ECONOMIC downturns ; Revising current formula for Federal medical assistance percentage to betting reflecting State fiscal capacity and State effort to pay for health and long-term care services and betting adjusting for national or regional
Index of Sec 1747. ...MEDICAL assistance percentage to be equal to 100 percent ; Subsection, striking furnished in State and following and inserting Federal
Index of Sec 1782. ...MEDICAL assistance percentage having meaning given that term with respect to State under section 1905(b) of Social Security Act 42 USC 1396d(b) ; Term Federal
Index of Sec 1787. ...MEDICAL assistance percentages for territorying if formula applicable to 50 States applied ; Report including Federal
Index of Sec 1771. ...MEDICAL assistance percentages under section 1905(b) of Social Security Act, section 1108(a)(8)(b) of Act ; Part of reporting Secretary including information about per capita income data to be used to calculate Federal
Index of Sec 1771. ...MEDICAL assistance under State plan ; Forms as necessary for application to be made by individual described in subsection for
Index of Sec 1714. ...MEDICAL assistance under State plan ; Case of individual described in subsection determined by qualified entity to be presumptively eligible for
Index of Sec 1714. ...CONSUMER price index for 12-month period ending in August of previous year ; Amount specified in clause for previous year increased by annual rate of increase in medical care component of
Index of Sec 1738. ...MEDICAL condition ; Requiring medical assistance to stabilize emergency
Index of Sec 1787. ...MEDICAL condition no longer existing with respect to individual and individual being no longer dangerous to self or others ; Term stabilized means that emergency
Index of Sec 1787. ...ADULT day health care services, day activity and health services or adult medical day care services as defined under State Medicaid plan approved during or 1994 ; Withholding, suspending, disallowing or otherwise denying Federal financial participation under section 1903(a) of Social Security Act 42 USC 1396b(a) for provision of
Index of Sec 1735. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...MEDICAL diagnosis and treatment services provided in conjunction with family planning service in family planning setting ; Medical assistance to be limited to family planning services and supplies described in 1905(a)(4)(c) and
Index of Sec 1714. ...BEHAVIORAL health ; States participating in demonstration project managing provision of benefits under project through utilization review, authorization or management practices or application of medical necessity and appropriateness criteria applicable to
Index of Sec 1787. ...CHILD health assistance under title XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or
Index of Sec 1730. ...MEDICARE beneficiaries described in section 1905(p)(1) ; Making medical assistance available for medicare cost-sharing described in subparagraphs and section 1905(p)(3), individuals under 65 years of age to be qualified
Index of Sec 1701. ...CHILD health Plan ; Sec 1756, termination of Provider participation under medicaid and Chip if terminated under medicare or other State Plan or
Index of Sec 1756. ...MEDICARE beneficiaries described in section 1905(p)(1) ; Making medical assistance available for medicare cost-sharing described in subparagraphs and section 1905(p)(3), individuals under 65 years of age to be qualified
Index of Sec 1701. ...MEDICAL assistance available under plan to individual ; Secretary of Health and Human Services establishing demonstration project under which eligible State providing reimbursement under State Medicaid plan under title XIX of Social Security Act to institution for mental diseases being subject to requirements of section 1867 of Social Security Act 42 USC 1395dd for provision of
Index of Sec 1787. ...MENTAL diseases having meaning given to term in section 1905(i) of Social Security Act 42 USC 1396d(i) ; Term institution for
Index of Sec 1787. ...HEALTH and substance abuse needs of individuals ; State not requiring under paragraph enrollment in managed care entity of individual described in section 1902(a) unless State demonstrating that entity having capacity to meet health, mental
Index of Sec 1701. ...HEALTH or substance related disorders and individuals with hiv or Aids ; Children, unaccompanied homeless youth, victims of abuse or trauma, individuals with mental
Index of Sec 1785. ...HEALTH service system and individuals enrolled in Medicaid program ; Evaluation to be conducted of demonstration project's impact on functioning of health and mental
Index of Sec 1787. ...HEALTH services under Medicaid program and average length of stays being longer for individuals admitted under demonstration project compared with individuals otherwise admitted in comparison sites ; Demonstration project resulted in increased access to inpatient mental
Index of Sec 1787. ...HEALTH services under plan as contrasted with comparison areas ; Assessment of impact of demonstration project on costs of full range of mental
Index of Sec 1787. ...HEALTH and developmental conditions ; Specializing training for foster parent and consulations with foster parent on management of children with mental illnesses and related
Index of Sec 1727. ...MISCONDUCT ; Reimbursing managed care entity for payment of legal expenses associated with action in which court imposing sanctions on managed care entity for litigation-related
Index of Sec 1760. ...HEALTH quality measurement to assist in development ; Secretary entering into agreements with public, nonprofit or academic institutions with technical expertise in area of
Index of Sec 1730. ...MEDICAL assistance enrolled with entity and entity being responsible for coverage of drugs under subsection ; State requiring in order to include information on covered outpatient drugs dispensed to individuals eligible for
Index of Sec 1743. ...AFFILIATIONS ; Sec 1757, medicaid and Chip exclusion from participation relating to certain ownership, Control and management
Index of Sec 1757. ...FINANCING ; 2013 Secretary of Health and Human Services submitting to Congress report detailing plan for transition of territory to full parity in Medicaid with 50 States and District of Columbia in fiscal year 2020 by modifying existing Medicaid programs and outlining actions Secretary and governments of territory taking by fiscal year 2020 to ensure parity in
Index of Sec 1771. ...PARITY with 50 States ; Federal medical assistance percentages to be calculated for territories beginning in fiscal year 2020 to ensure
Index of Sec 1771. ...FINANCING ; 2013 Secretary of Health and Human Services submitting to Congress report detailing plan for transition of territory to full parity in Medicaid with 50 States and District of Columbia in fiscal year 2020 by modifying existing Medicaid programs and outlining actions Secretary and governments of territory taking by fiscal year 2020 to ensure parity in
Index of Sec 1771. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; State being not eligible for payment under subsection for calendar quarter beginning after date of enactment of subsection if eligibility standards, methodologies or procedures under plan under title being more restrictive than
Index of Sec 1703. ...PAYMENT under subsection for calendar quarter beginning after first day of Y1 ; State being not eligible for
Index of Sec 1703. ...PAYMENT being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or administrative expenditure For which
Index of Sec 1713. ...PAYMENT for primary care services furnished by physicians at rate not less than 80 percent of payment rate to be applicable if adjustment described in subsection to apply to services and physicians or professionals under part B of title XVIII for services furnished in 2010 ;
Index of Sec 1721. ...FINANCIAL participation based on Federal medical assistance percentage for amounts in excess of specified under subparagraph ; Subparagraph not to be construed as preventing payment of Federal
Index of Sec 1721. ...PAYMENT for translation or interpretation services furnished after January 1 ; Amendment making by subsection applying to
Index of Sec 1723. ...EDUCATION consistent with subsection whether provided or outside of hospital ; Term medical assistance including payment for costs of graduate medical
Index of Sec 1744. ...EDUCATION ; Rates including payment for graduate medical
Index of Sec 1744. ...PAYMENT making under subsection ; Secretary not requiring that State providing matching funds for
Index of Sec 1745. ...PAYMENT under subsection ; Secretary establishing process under which facilities applying on annual basis to qualify as eligible dually-certified facilities for
Index of Sec 1745. ...PAYMENT in Medicaid program under title XIX of Social Security Act ; Nothing in section preventing State from including additional health care-acquired conditions for non-
Index of Sec 1751. ...MISCONDUCT ; Reimbursing managed care entity for payment of legal expenses associated with action in which court imposing sanctions on managed care entity for litigation-related
Index of Sec 1760. ...PAYMENT of amount under subsection to eligible dually-certified facility to be made for year in lump sum or periodic payments in frequencying as Secretary determining appropriate ;
Index of Sec 1745. ...PAYMENT of amounts appropriated under subparagraph ; Subparagraph constituting budget authority in advance of appropriations Act and representing obligation of Federal Government to provide for
Index of Sec 1787. ...PAYMENT calculated under subparagraph ; Amount available for obligation under subsection for year being insufficient to ensure that eligible dually-certified facility receiving amount of
Index of Sec 1745. ...PAYMENT making to facility under subsection ; Determination of amount of
Index of Sec 1745. ...DISPROPORTIONATE share hospitals ; Term Medicaid dss meaning adjustments in payments under section 1923 of Social Security Act for inpatient hospital services furnished by
Index of Sec 1704. ...ACCOUNT ; Rates established for payments to medicaid managed care organizations under sections 1903(m) and 1932 take into
Index of Sec 1728. ...FINANCIAL participation for payments ; Specific upper limit under section 447.332 of title 42, Code of Federal Regulations applicable to payments making by State for multiple source drugs under State Medicaid plan continuing to apply through December 31, 2010 for purposes of availability of Federal
Index of Sec 1741. ...EDUCATION ; Amendments making by section taking effect on date of enactment of Act Nothing in section to be construed as affecting payments making before date under State plan under title XIX of Social Security Act for graduate medical
Index of Sec 1744. ...PAYMENTS under section exceeding funds appropriated under paragraph ;
Index of Sec 1745. ...PAYMENTS for year to be paid ; Secretary reducing that amount of payment with respect facility in pro-rata manner to ensure that entire amount available for
Index of Sec 1745. ...PAYMENTS making under subsection ; Secretary submitting annual report to committees with jurisdiction in Congress on
Index of Sec 1745. ...PAYMENTS ; Facilities receiving
Index of Sec 1745. ...PAYMENTS to be provided by Secretary under section after December 31 ;
Index of Sec 1787. ...PAYMENTS to nursing facilities under Medicaid program ; Report by Medicaid and chipping Payment and accessing Commission on adequacy of
Index of Sec 1745. ...PAYMENTS making by Secretary to eligible States under section exceeding $75,000,000 ; Aggregate amount of
Index of Sec 1787. ...ELIGIBILITY determination under subtitle C of title II of division A of Affordable Health Care for America Act ; Including erroneous payments making being attributable to error in
Index of Sec 1702. ...PAYMENTS ; Basis for selecting facilities and amount of
Index of Sec 1745. ...PAYMENTS under titles XIX and XXI of Social Security Act on behalf of individuals being not lawfully present in United States ; Nothing in title changing current prohibitions against Federal Medicaid and Chip
Index of Sec 1786. ...PAYMENTS in frequencying as Secretary determining appropriate ; Payment of amount under subsection to eligible dually-certified facility to be made for year in lump sum or periodic
Index of Sec 1745. ...PAYMENTS under section for year ; Secretary not spending more than 0.75 percent of amount making available under subsection in year on costs of administering program of
Index of Sec 1745. ...EDUCATION and payments used for graduate medical education ; Information on total payments for graduate medical
Index of Sec 1744. ...PAYMENT amount determined under paragraph for year for eligible dually-certified facility to be amount determined by Secretary as reported on facility's latest available Medicare cost report ;
Index of Sec 1745. ...DEFICIT described in paragraph for facilitying as reported on facility's latest available Medicare cost report ; No case payment amount for eligible dually-certified facility for year under subparagraph to be more than payment
Index of Sec 1745. ...PAYMENT Levels for Services ; Sec 1728 assuring adequate
Index of Sec 1728. ...PAYMENT Levels for Services ; Sec 1926 assuring adequate
Index of Sec 1728. ...PAYMENT limits and determination of average manufacturer price in expedited manner ; Secretary of Health and Human Services promulgating regulations to clarify requirements for upper
Index of Sec 1741. ...PAYMENT rate applicable to services under State plan as of June 16 ; Section 1932(f) exceeding
Index of Sec 1721. ...PAYMENT rate to be applicable if adjustment described in subsection to apply to services and physicians or professionals under part B of title XVIII for services furnished in 2010 ; Payment for primary care services furnished by physicians at rate not less than 80 percent of
Index of Sec 1721. ...PAYMENT rate for services and physicians furnished in 2011 or 100 percent of adjusted payment rate for services and physicians furnished in 2012 and subsequent year ; 90 percent of adjusted
Index of Sec 1721. ...PAYMENT rate required under section by application ; Attributable to amount by which minimum
Index of Sec 1721. ...PAYMENT rates to be used for services under plan in yearing and including in submissing additional data ; State plan under title not to be considered to meet requirement of section 1902(a) for year unless State submiting to Secretary amendment to plan specifying
Index of Sec 1728. ...PAYMENT rates or access to services ; Recommendations to ameliorate problems found with
Index of Sec 1784. ...PAYMENT rates in State contributing to limits in access to pediatric subspecialty services in State ; Analysis of extent to which low Medicaid
Index of Sec 1784. ...PAYMENT rates specified in section ; Consistent with minimum
Index of Sec 1721. ...PAYMENT reduction for calendar quarter to extent Secretary ; Taking into account additional drugs included under amendments making by section 1743 of Act Secretary adjusting
Index of Sec 1742. ...PAYMENT reduction under subparagraph for State for quarter to be deemed overpayment to State under title XIX of Social Security Act to be disallowed against State's regular quarterly draw for Medicaid spending under section 1903(d)(2) of Act 42 USC 1396b(d)(2) ; Amount of
Index of Sec 1704. ...PAYMENT reduction under clause for State for quarter to be deemed overpayment to State under title to be disallowed against State's regular quarterly draw for Medicaid spending under section 1903(d)(2) ; Amount of
Index of Sec 1742. ...PAYMENTS to State under section 1903(a) in manner specified in clause ; Secretary reducing
Index of Sec 1742. ...PAYMENTS under State plan approved under title ; Eligible for
Index of Sec 1714. ...PEDIATRIC subspecialty services in State ; Analysis of extent to which low Medicaid payment rates in State contributing to limits in access to
Index of Sec 1784. ...PERIODIC evaluations of effectiveness of activities carried out by entity under Program and submitting to Secretary annual report on activities ; Entity conducting
Index of Sec 1752. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for
Index of Sec 1702. ...AFFORDABILITY credits under subtitle C of title II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for
Index of Sec 1702. ...INFORMATION as Secretary requiring to carry out paragraph with respect to rebates ; State reporting to Secretary total amount of rebates in dollars received from pharmacy manufacturers for drugs provided to individuals enrolled with Medicaid managed care organizations contracting under section 1903(m) and other
Index of Sec 1743. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...PLANNING setting ; Medical assistance to be limited to family planning services and supplies described in 1905(a)(4)(c) and medical diagnosis and treatment services provided in conjunction with family planning service in family
Index of Sec 1714. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...PLANNING service in family planning setting ; Medical assistance to be limited to family planning services and supplies described in 1905(a)(4)(c) and medical diagnosis and treatment services provided in conjunction with family
Index of Sec 1714. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...MEDICAL diagnosis and treatment services provided in conjunction with family planning service in family planning setting ; Medical assistance to be limited to family planning services and supplies described in 1905(a)(4)(c) and
Index of Sec 1714. ...PLANNING services and supplies in accordance with section ; State not providing for medical assistance through enrollment of individual with benchmark coverage or benchmark-equivalent coverage under section unless coverage including for individual described in section 1905(a)(4)(c), medical assistance for family
Index of Sec 1714. ...FEDERAL poverty Level ; Eligibility for traditional medicaid eligible Individuals with income not exceeding 150 percent of
Index of Sec 1701. ...POVERTY line ; Plan providing for implementation under title of 12-month continuous eligibility option described in section 1902(e) for targeted low-income children whose family income below 200 percent of
Index of Sec 1733. ...POVERTY line applicable to family of size involved ; 65 years of age not entitled to hospital insurance benefits under part A of title XVIII and whose family income not exceeding 150 percent of income official
Index of Sec 1701. ...POVERTY line applicable to family of size involved ; Families whose income not exceeding 150 percent of income official
Index of Sec 1701. ...POVERTY line applicable to family of size involved ; Families whose income not exceeding 150 percent of income official
Index of Sec 1701. ...PREVENTIVE services described in subsection ;
Index of Sec 1711. ...PREVENTIVE services described in subsection being services not otherwise described in subsection or Secretary determining ;
Index of Sec 1711. ...PREVENTIVE services described in section 1905(z) ; Section 1916 of Act 42 USC 1396o amended by inserting
Index of Sec 1711. ...PREVENTIVE services described in section 1905(z) ;
Index of Sec 1711. ...MEDICAL assistance under title and eligible beneficiaries under Class program established under title XXXII of Public Health Service Act as Secretary establishing ; Providing that State complying with regulations regarding application of primary and secondary payor rules with respect to individuals being eligible for
Index of Sec 1739. ...PAYMENT rate to be applicable if adjustment described in subsection to apply to services and physicians or professionals under part B of title XVIII for services furnished in 2010 ; Payment for primary care services furnished by physicians at rate not less than 80 percent of
Index of Sec 1721. ...CODING System ; Term primary care services meaning evaluation and management services being procedure codes for services in category designated Evaluation and Management in Health Care Common Procedure
Index of Sec 1721. ...PRIMARY care services described in section 1902(a) ; Case of
Index of Sec 1721. ...HEALTH quality measurement to assist in development ; Secretary entering into agreements with public, nonprofit or academic institutions with technical expertise in area of
Index of Sec 1730. ...DISCLOSURE of information on hospital charges and quality and making information available to public and Secretary ; Providing that State establishing and maintaining laws to require
Index of Sec 1783. ...PUBLIC assistance ; Increasing economic self-sufficiency, employment advancement, school-readiness and educational achievement or reducing dependence on
Index of Sec 1713. ...PUBLIC comment ; Regulations becoming effective on interim final basis pending opportunity for
Index of Sec 1741. ...PUBLIC comment ; Rule to be effective on interim basis pending revision after opportunity for
Index of Sec 1744. ...MEDICAID coverage for Youths upon Release from public INSTITUTIONS ; Sec 1729 preserving
Index of Sec 1729. ...TITLE pursuant to section ; Case of child deemed under section 305(d) of Affordable Health Care for America Act to be Medicaid eligible individual and enrolled under
Index of Sec 1702. ...CANCER ; Inserting and medical assistance making available to individual described in subsection to be limited to family planning services and supplies described in section 1905(a)(4)(c) including medical diagnosis and treatment services provided pursuant to family planning service in family planning setting after cervical
Index of Sec 1714. ...GUIDANCE issued pursuant to section relating to methods to increase outreach and enrollment provided under titles XIX and XXI of Social Security Act specifically targeting vulnerable and underserved populations and including ;
Index of Sec 1785. ...DRUG for rare disease or condition ; Term orphan drugs meaning prescription drugs designated under section 526 of Federal Food, Drug and Cosmetic Act 21 USC 360bb as
Index of Sec 1738. ...REBATES, discounts or price concessions not passed to retail pharmacies ; Providing that
Index of Sec 1741. ...REBATES, discounts and other price concessions required to be provided under agreements under subsections and section 1860d-2(f) ;
Index of Sec 1741. ...REBATES ; State reporting to Secretary total amount of rebates in dollars received from pharmacy manufacturers for drugs provided to individuals enrolled with Medicaid managed care organizations contracting under section 1903(m) and other information as Secretary requiring to carry out paragraph with respect to
Index of Sec 1743. ...REBATES, discounts and other pricing practicing ; Nothing in previous sentence to be construed as preventing Secretary from performing calculation using smoothing process in order to reduce significant variations from month to month as result of
Index of Sec 1741. ...INFORMATION as Secretary requiring to carry out paragraph with respect to rebates ; State reporting to Secretary total amount of rebates in dollars received from pharmacy manufacturers for drugs provided to individuals enrolled with Medicaid managed care organizations contracting under section 1903(m) and other
Index of Sec 1743. ...DRUG or product ; Rebate obligation with respect to drug under section to be amount computed under section for new
Index of Sec 1742. ...REBATE percentage effected by amendments making by section 1742(b)(1) of Affordable Health Care for America Act ; Amounts received by State under subparagraphing being attributable to increase in minimum
Index of Sec 1742. ...REBATE period ; Total number of units of dosage form and strength of line extension product paid under State plan in
Index of Sec 1742. ...DRUG ; Not later than 30 days after last day of month of rebate period under agreement on manufacturer's total number of units used to calculate monthly average manufacturer price for covered outpatient
Index of Sec 1741. ...REBATE periods beginning after January 1 ; Amounts applied as reduction under subparagraph,
Index of Sec 1742. ...REIMBURSEMENT under title for services provided to eligible beneficiaries under title ;
Index of Sec 1704. ...REIMBURSEMENT for provision of covered services to Medicaid eligible individuals being significantly less than allowable costs incurred by facility in providing services ; Facility received Medicaid
Index of Sec 1745. ...REIMBURSEMENT limit established under paragraph as 130 percent of weighted average of monthly average manufacturer prices ; Secretary calculating Federal upper
Index of Sec 1741. ...MEDICAL assistance available under plan to individual ; Secretary of Health and Human Services establishing demonstration project under which eligible State providing reimbursement under State Medicaid plan under title XIX of Social Security Act to institution for mental diseases being subject to requirements of section 1867 of Social Security Act 42 USC 1395dd for provision of
Index of Sec 1787. ...RESIDENCY training programs described in section 1886(h)(1)(b) ; Taking into account recommendations of Advisory Committee and goals for approved medical
Index of Sec 1744. ...RESIDENTIAL care ; Assessment of discharge planning by participating hospitals ensuring access to furthing emergency inpatient or
Index of Sec 1787. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; Subject to paragraph State not in effect eligibility standards, methodologies or procedures under State child health plan under title XXI being more restrictive than
Index of Sec 1703. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; State being not eligible for payment under subsection for calendar quarter beginning after date of enactment of subsection if eligibility standards, methodologies or procedures under plan under title being more restrictive than
Index of Sec 1703. ...ELIGIBILITY standards, methodologies or procedures with respect to individuals under waiver ; Secretary permitting State to amend waiver to apply more restrictive
Index of Sec 1703. ...RISK pool ; Term health benefits planning including coverage under plan offered under State high
Index of Sec 1738. ...TITLE XXXII of Public Health Service Act including in rural and underserved areas ; Personal care attendant workers providing personal care services to individuals receiving benefits under Class program established under
Index of Sec 1739. ...SOCIAL ; Structured daily activities developing, improving, monitoring and reinforcing age-appropriate
Index of Sec 1727. ...FINANCIAL participation for payments ; Specific upper limit under section 447.332 of title 42, Code of Federal Regulations applicable to payments making by State for multiple source drugs under State Medicaid plan continuing to apply through December 31, 2010 for purposes of availability of Federal
Index of Sec 1741. ...HEALTH insurance coverage ; Permits individuals to be eligible solely to receive premium or cost-sharing subsidy for individual or group
Index of Sec 1703. ...PAYMENT Program ; Sec 1745 nursing facility supplemental
Index of Sec 1745. ...THEMSELVES ; Section 1905(a) of Social Security Act 42 USC 1396d(a) amended by inserting or care and servicing
Index of Sec 1781. ...TITLE ; Beginning with 2014 not described in subclause and eligible for child health assistance under State child health plan insofar as plan providing benefits under
Index of Sec 1701. ...ACCEPTABLE coverage ; State entering into Medicaid memorandum of understanding described in section 305(e)(2) of Affordable Health Care for America Act with Health Choices Commissioner with respect to coordinating implementation of provisions of division A of Act with State plan under title in order to ensure enrollment of Medicaid eligible individuals in
Index of Sec 1702. ...AFFORDABILITY credits through Health Insurance Exchange ; Individual applying to State for assistance in obtaining health coverage and State determining that individual being not eligible for medical assistance under title and not authorized under memorandum to make determination with respect to eligibility for coverage and
Index of Sec 1702. ...TITLE pursuant to section ; Case of child deemed under section 305(d) of Affordable Health Care for America Act to be Medicaid eligible individual and enrolled under
Index of Sec 1702. ...TITLE and titling XIX ; Clause of section 1903(u)(1)(d) applying with respect to application of requirements under
Index of Sec 1702. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; State being not eligible for payment under subsection for calendar quarter beginning after date of enactment of subsection if eligibility standards, methodologies or procedures under plan under title being more restrictive than
Index of Sec 1703. ...TITLE for services provided to eligible beneficiaries under title ; Reimbursement under
Index of Sec 1704. ...TITLE ; Eligible for payments under State plan approved under
Index of Sec 1714. ...TITLE preventing or limiting State from covering therapeutic foster care for eligible children ; Nothing in
Index of Sec 1727. ...PAYMENT rates to be used for services under plan in yearing and including in submissing additional data ; State plan under title not to be considered to meet requirement of section 1902(a) for year unless State submiting to Secretary amendment to plan specifying
Index of Sec 1728. ...TITLE immediately upon leaving institution ; State ensuring that enrollment under subparagraph to be completed before dating so that youth accessing medical assistance under
Index of Sec 1729. ...TITLE through means other than described in section 2101(a)(2) ; Case of State child health plan providing child health assistance under
Index of Sec 1733. ...TITLE ; Family income to be determined in same manner specified by State for purposes of determining child's eligibility for child health assistance under
Index of Sec 1734. ...TITLE ; Case of individual with extremely high prescription drug costs described in subparagraph determined to be eligible for medical assistance under
Index of Sec 1738. ...TITLE within 30 days of date application if filed with State ; State electing option under paragraph providing for determination on individual's application for continued medical assistance under
Index of Sec 1738. ...TITLE and eligible beneficiaries under Class program established under title XXXII of Public Health Service Act as Secretary establishing ; Providing that State complying with regulations regarding application of primary and secondary payor rules with respect to individuals being eligible for medical assistance under
Index of Sec 1739. ...TITLE to be disallowed against State's regular quarterly draw for Medicaid spending under section 1903(d)(2) ; Amount of payment reduction under clause for State for quarter to be deemed overpayment to State under
Index of Sec 1742. ...TITLE during period determining by Secretary or State agency to be delinquent ; Unpaid overpayments under
Index of Sec 1757. ...TITLE during period ; Suspending or excluded from participation or whose participation terminated under
Index of Sec 1757. ...TITLE during period ; Affiliating with individual or entity suspended or excluded from participation under title or whose participation terminated under
Index of Sec 1757. ...TITLE ; Methodologies of National Correct coding Initiative administered by Secretary being compatible to claims filed under
Index of Sec 1761. ...CODING methodologies established under Initiative with respect to title XVIII ; Methodologies of Initiative to be incorporated into claims filed under title with respect to items or services For which States providing medical assistance under title and no national correct
Index of Sec 1761. ...TITLE ; States to incorporate methodologies into claims filed under
Index of Sec 1761. ...PAYMENTS under titles XIX and XXI of Social Security Act on behalf of individuals being not lawfully present in United States ; Nothing in title changing current prohibitions against Federal Medicaid and Chip
Index of Sec 1786. ...TITLE ; Secretary of Health and Human Services determining requiring State legislation in order for plan to meet additional requirement imposed by amendment making by
Index of Sec 1790. ...TITLE and cost to facilities of providing efficient quality care to Medicaid eligible individuals ; Information on difference between amount paid by State to nursing facilities in State under Medicaid program under
Index of Sec 1784. ...ELIGIBILITY option described in section 1902(e) for targeted low-income children whose family income below 200 percent of poverty line ; Plan providing for implementation under title of 12-month continuous
Index of Sec 1733. ...ASSET or resource test described in subparagraph waived ; Provisions of title preventing waiver of
Index of Sec 1703. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...FINANCIAL participation for payments ; Specific upper limit under section 447.332 of title 42, Code of Federal Regulations applicable to payments making by State for multiple source drugs under State Medicaid plan continuing to apply through December 31, 2010 for purposes of availability of Federal
Index of Sec 1741. ...TITLE II of division A of Affordable Health Care for America Act as specified under memorandum ; Redeterminations of eligibility for individuals unless periodicity of redeterminations being consistent with periodicity for redeterminations by Commissioner of eligibility for affordability credits under subtitle C of
Index of Sec 1702. ...TITLE II of division A of Affordable Health Care for America Act ; Commissioner determining that State Medicaid agency having capacity to make determinations of eligibility for affordability credits under subtitle C of
Index of Sec 1702. ...TITLE II of division A of Affordable Health Care for America Act ; Including erroneous payments making being attributable to error in eligibility determination under subtitle C of
Index of Sec 1702. ...TITLE II of division C of Act ; Comparing benefits packaging offered under average State child health plan under title XXI in 2011 and benefit standards initially adopted under section 224(b) of Affordable Health Care for America Act and affordability credits under subtitle C of
Index of Sec 1703. ...TITLE XIX of Social Security Act amended by adding at end following new section ;
Index of Sec 1702. ...TITLE XIX of Social Security Act to be disallowed against State's regular quarterly draw for Medicaid spending under section 1903(d)(2) of Act 42 USC 1396b(d)(2) ; Amount of payment reduction under subparagraph for State for quarter to be deemed overpayment to State under
Index of Sec 1704. ...TITLE XIX of Social Security Act pilot program operating for period of up to 5 years ; Secretary of Health and Human Services establishing under section medical home pilot program under which State applying to Secretary for approval of medical home pilot project described in subsection for application of medical home concept under
Index of Sec 1722. ...HOME pilot program under section 1866f of Act ; Individuals being eligible for medical assistance under title XIX of Social Security Act Secretary providing for appropriate coordination of pilot program under section with medical
Index of Sec 1722. ...TITLE XIX of Social Security Act amended by inserting after section 1925 following new section ;
Index of Sec 1728. ...TITLE XIX by individuals being 21 years of age or older but not attained age 65 ; Secretary developing quality measures being not otherwise developed under section 1192 for services received under State plans under
Index of Sec 1730. ...TITLE XIX to individuals being 21 years of age or older but not attained age 65 for use under plans and State plans under title XXI ; Secretary developing and publishing standardized reporting format for quality measures developed under paragraph and section 1192 for services furnished under State plans under
Index of Sec 1730. ...TITLE XIX to adults being 21 years of age or older but not attained age 65 ; Availability of reliable data relating to quality of services furnished under State plans under
Index of Sec 1730. ...CHILD health assistance under title XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or
Index of Sec 1730. ...TITLE XIX of Social Security Act ; Secretary of Health and Human Services establishing under section accountable care program under which State applying to Secretary for approval of accountable care organization pilot program described in subsection for application of accountable care organization concept under
Index of 0EDUCATION ; Amendments making by section taking effect on date of enactment of Act Nothing in section to be construed as affecting payments making before date under State plan under title XIX of Social Security Act for graduate medical
Index of Sec 1744. ...TITLE XIX of Social Security Act and skilled nursing facility under title XVIII of Act during entire year ; Facility participating as nursing facility under
Index of Sec 1745. ...TITLE XIX of Social Security Act and skilled nursing facility under title XVIII of Act ; Term dually-certified facility meaning facility participating as nursing facility under
Index of Sec 1745. ...TITLE XIX of Social Security Act for purposes of making recommendations to Congress ; Comptroller General of United States conducting study regarding federal payments making to State Medicaid programs under
Index of Sec 1747. ...TITLE XIX of Social Security Act ; Nothing in section preventing State from including additional health care-acquired conditions for non-payment in Medicaid program under
Index of Sec 1751. ...CHILD health assistance under Chip under title XXI of Act providing assistance to individuals for enrollment in applicable programs and establishing methods or procedures for eliminating application and enrollment barriers ; Secretary of Health and Human Services issuing guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of Social Security Act or
Index of Sec 1785. ...MEDICAL assistance available under plan to individual ; Secretary of Health and Human Services establishing demonstration project under which eligible State providing reimbursement under State Medicaid plan under title XIX of Social Security Act to institution for mental diseases being subject to requirements of section 1867 of Social Security Act 42 USC 1395dd for provision of
Index of Sec 1787. ...TITLE XIX of Act under demonstration waiver approved under section 1115 of acting or State funds ; Adding by paragraphs and individual provided medical assistance under
Index of Sec 1701. ...TITLE XIX of Act under demonstration waiver approved under section 1115 of acting or State funds ; Individual provided medical assistance under
Index of Sec 1701. ...ADMINISTRATIVE expenditure For which payment being made under section 1903(a) or 2105(a) of Act after date of enactment of Act ; Nothing in amendments making by section to be construed as affecting ability of State under title XIX or XXI of Social Security Act to provide nurse home visitation services as part of another class of items and services falling within definition of medical assistance or child health assistance under respective title or
Index of Sec 1713. ...TITLE XIX of Social Security Act 42 USC 1396 et seq ; Term State having meaning given that term for purposes of
Index of Sec 1787. ...LEGISLATIVE session ; State plan not to be regarded as failing to comply with requirements of title XIX solely on basis of failure to meet additional requirement before first day of first calendar quarter beginning after close of first regular session of State legislature begining after date of enactment of Act for purposes of previous sentence in case of State having 2-year
Index of Sec 1790. ...TITLE XVIII ; Respect to amounts expended for services related to presence of condition to be identified by secondary diagnostic code described in section 1886(d)(4)(d)( iv and health care acquired condition determined as non-covered service under
Index of Sec 1751. ...TITLE XVIII of Act during entire year ; Facility participating as nursing facility under title XIX of Social Security Act and skilled nursing facility under
Index of Sec 1745. ...TITLE XVIII of Act ; Term dually-certified facility meaning facility participating as nursing facility under title XIX of Social Security Act and skilled nursing facility under
Index of Sec 1745. ...INCOME not exceeding 150 percent of income official poverty line applicable to family of size involved ; 65 years of age not entitled to hospital insurance benefits under part A of title XVIII and whose family
Index of Sec 1701. ...TITLE XVIII for services furnished in 2010 ; Payment for primary care services furnished by physicians at rate not less than 80 percent of payment rate to be applicable if adjustment described in subsection to apply to services and physicians or professionals under part B of
Index of Sec 1721. ...ELIGIBILITY standards, methodologies or procedures under plan as in effect on June 16 ; Subject to paragraph State not in effect eligibility standards, methodologies or procedures under State child health plan under title XXI being more restrictive than
Index of Sec 1703. ...TITLE XXI ; Paragraph not to be construed as preventing State from imposing limitation described in section 2110(b)(5)(c)(i) for fiscal year in order to limit expenditures under State child health plan under
Index of Sec 1703. ...AFFORDABILITY credits under subtitle C of title II of division C of Act ; Comparing benefits packaging offered under average State child health plan under title XXI in 2011 and benefit standards initially adopted under section 224(b) of Affordable Health Care for America Act and
Index of Sec 1703. ...TITLE XXI ; Secretary developing and publishing standardized reporting format for quality measures developed under paragraph and section 1192 for services furnished under State plans under title XIX to individuals being 21 years of age or older but not attained age 65 for use under plans and State plans under
Index of Sec 1730. ...TITLE XXI ; Other provision in section, no quality measure developed, published or used as basis of measurement or reporting under section to be used to establish irrebuttable presumption regarding medical necessity of care or maximum permissible coverage for individual receiving medical assistance under title XIX or child health assistance under
Index of Sec 1730. ...TITLE XXI of Act providing assistance to individuals for enrollment in applicable programs and establishing methods or procedures for eliminating application and enrollment barriers ; Secretary of Health and Human Services issuing guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of Social Security Act or child health assistance under Chip under
Index of Sec 1785. ...TITLE XXXII of Public Health Service Act as Secretary establishing ; Providing that State complying with regulations regarding application of primary and secondary payor rules with respect to individuals being eligible for medical assistance under title and eligible beneficiaries under Class program established under
Index of Sec 1739. ...TITLE XXXII of Public Health Service Act including in rural and underserved areas ; Personal care attendant workers providing personal care services to individuals receiving benefits under Class program established under
Index of Sec 1739. ...TITLE XXXII of Public Health Service Act ; Including information regarding Class program established under
Index of Sec 1739. ...ACCOUNT recommendations of Advisory Committee and goals for approved medical residency training programs described in section 1886(h)(1)(b) ; Taking into
Index of Sec 1744. ...TRANSPORTATION after date ; Amendments making by section taking effect on date of enactment of Act and applying to
Index of Sec 1737. ...TRANSPORTATION to medically necessary Services ; Sec 1737 continuing requirement of medicaid coverage of NONEMERGENCY
Index of Sec 1737. ...UNDERPAYMENTS under section during cost reporting periods ending during calendar years 2010 through 2013 ; Funds appropriated under paragraph remaining available until eligible dually-certified facilities reimbursed for
Index of Sec 1745. ...DOCUMENTATION of income and asseal, presumptive eligibility, continuous eligibility and automatic renewal ; Guidance on outstationing of eligibility workers, express lane eligibility, residence requirements,
Index of Sec 1785. ...1st Session |
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Eligibility for non-traditional individuals with income below 150 percent of the Federal poverty level.—
(1) FULL MEDICAID BENEFITS FOR NON-MEDICARE ELIGIBLE INDIVIDUALS.—Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396b(a)(10)(A)(i)) is amended—
(A) by striking “or” at the end of subclause (VI);
(B) by adding “or” at the end of subclause (VII); and
(C) by adding at the end the following new subclause:
“(VIII) who are under 65 years of age, who are not described in a previous subclause of this clause, who are not entitled to hospital insurance benefits under part A of title XVIII, and whose family income (determined using methodologies and procedures specified by the Secretary in consultation with the Health Choices Commissioner) does not exceed 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved;”.
(2) MEDICARE COST SHARING ASSISTANCE FOR MEDICARE-ELIGIBLE INDIVIDUALS.—Section 1902(a)(10)(E) of such Act (42 U.S.C. 1396b(a)(10)(E)) is amended—
(A) in clause (iii), by striking “and” at the end;
(B) in clause (iv), by adding “and” at the end; and
(C) by adding at the end the following new clause:
“(v) for making medical assistance available for medicare cost-sharing described in subparagraphs (B) and (C) of section 1905(p)(3), for individuals under 65 years of age who would be qualified medicare beneficiaries described in section 1905(p)(1) but for the fact that their income exceeds the income level established by the State under section 1905(p)(2) but is less than 150 percent of the official poverty line (referred to in such section) for a family of the size involved; and”.
(3) INCREASED FMAP FOR NON-TRADITIONAL FULL MEDICAID ELIGIBLE INDIVIDUALS.—Section 1905 of such Act (42 U.S.C. 1396d) is amended—
(A) in the first sentence of subsection (b), by striking “and” before “(4) ” and by inserting before the period at the end the following: “, and (5) 100 percent (for periods before 2015 and 91 percent for periods beginning with 2015) with respect to amounts described in subsection (y)”; and
(B) by adding at the end the following new subsection:
“(y) Additional expenditures subject to increased FMAP.—For purposes of section 1905(b)(5), the amounts described in this subsection are the following:
“(1) Amounts expended for medical assistance for individuals described in subclause (VIII) of section 1902(a)(10)(A)(i).”.
(4) CONSTRUCTION.—Nothing in this subsection shall be construed as not providing for coverage under subparagraph (A)(i)(VIII) or (E)(v) of section 1902(a)(10) of the Social Security Act, as added by paragraphs (1) and (2), or an increased FMAP under the amendments made by paragraph (3), for an individual who has been provided medical assistance under title XIX of the Act under a demonstration waiver approved under section 1115 of such Act or with State funds.
(A) Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended—
(i) by inserting “1902(a)(10)(A)(i)(VIII),” after “1902(a)(10)(A)(i)(VII),”; and
(ii) by inserting “1902(a)(10)(E)(v),” before “1905(p)(1)”.
(B) Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as amended by sections 1714(a)(4) and 1731(c), is further amended, in the matter preceding paragraph (1)—
(i) by striking “or” at the end of clause (xiv);
(ii) by adding “or” at the end of clause (xv); and
(iii) by inserting after clause (xv) the following:
“(xvi) individuals described in section 1902(a)(10)(A)(i)(VIII),”.
(b) Eligibility for traditional Medicaid eligible individuals with income not exceeding 150 percent of the Federal poverty level .—
(1) IN GENERAL.—Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396b(a)(10)(A)(i)), as amended by subsection (a), is amended—
(A) by striking “or” at the end of subclause (VII); and
(B) by adding at the end the following new subclause:
“(IX) who are over 18, and under 65 years of age, who would be eligible for medical assistance under the State plan under subclause (I) or section 1931 (based on the income standards, methodologies, and procedures in effect as of June 16, 2009) but for income, who are in families whose income does not exceed 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or
“(X) beginning with 2014, who are over 5, and under 19, years of age, who would be eligible for medical assistance under the State plan under subclause (I) or (VII) (based on the income standards, methodologies, and procedures in effect as of June 16, 2009) but for income, who are in families whose income does not exceed 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or
“(XI) beginning with 2014, who are under 19 years of age, who are not described in subclause (X), and who would be eligible for child health assistance under a State child health plan insofar as such plan provides benefits under this title (as described in section 2101(a)(2)) based on such plan as in effect as of June 16, 2009; or”.
(2) INCREASED FMAP FOR CERTAIN TRADITIONAL MEDICAID ELIGIBLE INDIVIDUALS.—
(A) INCREASED FMAP FOR ADULTS.—Section 1905(y) of such Act (42 U.S.C. 1396d(y)), as added by subsection (a)(2)(B), is amended by inserting “or (IX)” after “(VIII)”.
(B) ENHANCED FMAP FOR CHILDREN.—Section 1905(b)(4) of such Act is amended by inserting “1902(a)(10)(A)(i)(X), 1902(a)(10)(A)(i)(XI), or” after “on the basis of section”.
(3) CONSTRUCTION.—Nothing in this subsection shall be construed as not providing for coverage under subclause (IX), (X), or (XI) of section 1902(a)(10)(A)(i) of the Social Security Act, as added by paragraph (1), or an increased or enhanced FMAP under the amendments made by paragraph (2), for an individual who has been provided medical assistance under title XIX of the Act under a demonstration waiver approved under section 1115 of such Act or with State funds.
(4) CONFORMING AMENDMENT.—Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)), as amended by subsection (a)(4), is amended by inserting “1902(a)(10)(A)(i)(IX), 1902(a)(10)(A)(i)(X), 1902(a)(10)(A)(i)(XI),” after “1902(a)(10)(A)(i)(VIII),”.
(c) Increased matching rate for temporary coverage of certain newborns.—Section 1905(y) of such Act, as added by subsection (a)(3)(B), is amended by adding at the end the following:
“(2) Amounts expended for medical assistance for children described in section 305(d)(1) of the Affordable Health Care for America Act during the time period specified in such section.”.
(d) Network adequacy.—Section 1932(a)(2) of the Social Security Act (42 U.S.C. 1396u–2(a)(2)) is amended by adding at the end the following new subparagraph:
“(D) ENROLLMENT OF NON-TRADITIONAL MEDICAID ELIGIBLES.—A State may not require under paragraph (1) the enrollment in a managed care entity of an individual described in section 1902(a)(10)(A)(i)(VIII) unless the State demonstrates, to the satisfaction of the Secretary, that the entity, through its provider network and other arrangements, has the capacity to meet the health, mental health, and substance abuse needs of such individuals.”.
(e) Effective date.—The amendments made by this section shall take effect on the first day of Y1, and shall apply with respect to items and services furnished on or after such date.
(a) In general.—Title XIX of the Social Security Act is amended by adding at the end the following new section:
“ Requirements and special rules for certain Medicaid eligible individuals
“Sec. 1943. (a) Coordination with NHI Exchange through memorandum of understanding.—
“(1) IN GENERAL.—The State shall enter into a Medicaid memorandum of understanding described in section 305(e)(2) of the Affordable Health Care for America Act with the Health Choices Commissioner, acting in consultation with the Secretary, with respect to coordinating the implementation of the provisions of division A of such Act with the State plan under this title in order to ensure the enrollment of Medicaid eligible individuals in acceptable coverage. Nothing in this section shall be construed as permitting such memorandum to modify or vitiate any requirement of a State plan under this title.
“(2) ENROLLMENT OF EXCHANGE-REFERRED INDIVIDUALS.—
“(A) NON-TRADITIONAL INDIVIDUALS.—Pursuant to such memorandum the State shall accept without further determination the enrollment under this title of an individual determined by the Commissioner to be a non-traditional Medicaid eligible individual. The State shall not do any redeterminations of eligibility for such individuals unless the periodicity of such redeterminations is consistent with the periodicity for redeterminations by the Commissioner of eligibility for affordability credits under subtitle C of title II of division A of the Affordable Health Care for America Act, as specified under such memorandum.
“(B) TRADITIONAL INDIVIDUALS.—Pursuant to such memorandum, the State shall accept without further determination the enrollment under this title of an individual determined by the Commissioner to be a traditional Medicaid eligible individual. The State may do redeterminations of eligibility of such individual consistent with such section and the memorandum.
“(3) DETERMINATIONS OF ELIGIBILITY FOR AFFORDABILITY CREDITS.—If the Commissioner determines that a State Medicaid agency has the capacity to make determinations of eligibility for affordability credits under subtitle C of title II of division A of the Affordable Health Care for America Act, under such memorandum—
“(A) the State Medicaid agency shall conduct such determinations for any Exchange-eligible individual who requests such a determination;
“(B) in the case that a State Medicaid agency determines that an Exchange-eligible individual is not eligible for affordability credits, the agency shall forward the information on the basis of which such determination was made to the Commissioner; and
“(C) the Commissioner shall reimburse the State Medicaid agency for the costs of conducting such determinations.
“(4) REFERRALS UNDER MEMORANDUM.—Pursuant to such memorandum, if an individual applies to the State for assistance in obtaining health coverage and the State determines that the individual is not eligible for medical assistance under this title and is not authorized under such memorandum to make an determination with respect to eligibility for coverage and affordability credits through the Health Insurance Exchange, the State shall refer the individual to the Commissioner for a determination of such eligibility and, with the individual’s authorization, provide to the Commissioner information obtained by the State as part of the application process.
“(5) ADDITIONAL TERMS.—Such memorandum shall include such additional provisions as are necessary to implement efficiently the provisions of this section and title II of division A of the Affordable Health Care for America Act.
(b) Conforming amendments to error rate.—
(1) Section 1903(u)(1)(D) of the Social Security Act (42 U.S.C. 1396b(u)(1)(D)) is amended by adding at the end the following new clause:
“(vi) In determining the amount of erroneous excess payments, there shall not be included any erroneous payments made that are attributable to an error in an eligibility determination under subtitle C of title II of division A of the Affordable Health Care for America Act.”.
(2) Section 2105(c)(11) of such Act (42 U.S.C. 1397ee(c)(11)) is amended by adding at the end the following new sentence: “Clause (vi) of section 1903(u)(1)(D) shall apply with respect to the application of such requirements under this title and title XIX.”.
(a) CHIP maintenance of eligibility.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—
(1) in subsection (a), as amended by section 1631(b)(1)(D)—
(A) by striking “and” at the end of paragraph (73);
(B) by striking the period at the end of paragraph (74) and inserting “; and”; and
(C) by inserting after paragraph (74) the following new paragraph:
“(75) provide for maintenance of effort under the State child health plan under title XXI in accordance with subsection (gg).”; and
(2) by adding at the end the following new subsection: “(gg) CHIP maintenance of eligibility requirement.— “(1) IN GENERAL.—Subject to paragraph (2), as a condition of its State plan under this title under subsection (a)(75) and receipt of any Federal financial assistance under section 1903(a) for calendar quarters beginning after the date of the enactment of this subsection and before CHIP MOE termination date specified in paragraph (3), a State shall not have in effect eligibility standards, methodologies, or procedures under its State child health plan under title XXI (including any waiver under such title or demonstration project under section 1115) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on June 16, 2009. “(2) LIMITATION.—Paragraph (1) shall not be construed as preventing a State from imposing a limitation described in section 2110(b)(5)(C)(i)(II) for a fiscal year in order to limit expenditures under its State child health plan under title XXI to those for which Federal financial participation is available under section 2105 for the fiscal year. “(3) CHIP MOE TERMINATION DATE.—In paragraph (1), the ‘CHIP MOE termination date’ for a State is the date that is the last day of Y1 (as defined in section 100(c) of the Affordable Health Care for America Act). “(4) CHIP TRANSITION REPORT.—Not later than December 31, 2011, the Secretary shall submit to Congress a report— “(A) that compares the benefits packages offered under an average State child health plan under title XXI in 2011 and to the benefit standards initially adopted under section 224(b) of the Affordable Health Care for America Act and for affordability credits under subtitle C of title II of division C of such Act; and “(B) that includes such recommendations as may be necessary to ensure that— “(i) such coverage is at least comparable to the coverage provided to children under such an average State child health plan; and “(ii) there are procedures in effect for the enrollment of CHIP enrollees (including CHIP-eligible pregnant women) at the end of Y1 under this title, into a qualified health benefits plan offered through the Health Insurance Exchange, or into other acceptable coverage (as defined for purposes of such Act) without interruption of coverage or a written plan of treatment.”.
(b) Medicaid maintenance of effort; simplifying and coordinating eligibility rules between Exchange and Medicaid.—
(1) IN GENERAL.—Section 1903 of such Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection:
(2) CONFORMING AMENDMENTS.—(A) Section 1902(a)(10)(A) of such Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter before clause (i), by inserting “subject to section 1903(aa)(2),” after “(A)”.
(B) Section 1931(b)(1) of such Act (42 U.S.C. 1396u–1(b)(1)) is amended by inserting “and section 1903(aa)(2)” after “and (3)”.
(c) Standards for benchmark packages.—Section 1937(b) of such Act (42 U.S.C. 1396u–7(b)) is amended—
(1) in each of paragraphs (1) and (2), by inserting “subject to paragraph (5),” after “subsection (a)(1),”; and
(2) by adding at the end the following new paragraph:
“(5) MINIMUM STANDARDS.—Effective January 1, 2013, any benchmark benefit package (or benchmark equivalent coverage under paragraph (2)) must meet the minimum benefits and cost-sharing standards of a basic plan offered through the Health Insurance Exchange.”.
(d) Repeal of CHIP.—Section 2104(a) of the Social Security Act is amended by inserting at the end the following:
“No funds shall be appropriated or authorized to be appropriated under this section for fiscal year 2014 and subsequent years.”.
(1) IN GENERAL.—Not later than January 1, 2016, the Secretary of Health and Human Services (in this title referred to as the “Secretary”) shall submit to Congress a report concerning the extent to which, based upon the impact of the health care reforms carried out under division A in reducing the number of uninsured individuals, there is a continued role for Medicaid DSH. In preparing the report, the Secretary shall consult with community-based health care networks serving low-income beneficiaries.
(2) MATTERS TO BE INCLUDED.—The report shall include the following:
(A) RECOMMENDATIONS.—Recommendations regarding—
(i) the appropriate targeting of Medicaid DSH within States; and
(ii) the distribution of Medicaid DSH among the States, taking into account the ratio of the amount of DSH funds allocated to a State to the number of uninsured individuals in such State.
(B) SPECIFICATION OF DSH HEALTH REFORM METHODOLOGY.—The DSH Health Reform methodology described in paragraph (2) of subsection (b) for purposes of implementing the requirements of such subsection.
(3) COORDINATION WITH MEDICARE DSH REPORT.—The Secretary shall coordinate the report under this subsection with the report on Medicare DSH under section 1112.
(4) MEDICAID DSH.—In this section, the term “Medicaid DSH” means adjustments in payments under section 1923 of the Social Security Act for inpatient hospital services furnished by disproportionate share hospitals.
(A) IN GENERAL.—For each of fiscal years 2017 through 2019 the Secretary shall effect the following reductions:
(i) REDUCTION DSH ALLOTMENTS.—The Secretary shall reduce DSH allotments to States in the amount specified under the DSH health reform methodology under paragraph (2) for the State for the fiscal year.
(ii) REDUCTIONS IN PAYMENTS.—The Secretary shall reduce payments to States under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for each calendar quarter in the fiscal year, in the manner specified in subparagraph (C), in an amount equal to 1⁄4 of the DSH allotment reduction under clause (i) for the State for the fiscal year.
(B) AGGREGATE REDUCTIONS.—The aggregate reductions in DSH allotments for all States under subparagraph (A)(i) shall be equal to—
(i) $1,500,000,000 for fiscal year 2017;
(ii) $2,500,000,000 for fiscal year 2018; and
(iii) $6,000,000,000 for fiscal year 2019.
The Secretary shall distribute such aggregate reduction among States in accordance with paragraph (2).
(C) MANNER OF PAYMENT REDUCTION.—The amount of the payment reduction under subparagraph (A)(ii) for a State for a quarter shall be deemed an overpayment to the State under title XIX of the Social Security Act to be disallowed against the State’s regular quarterly draw for all Medicaid spending under section 1903(d)(2) of such Act (42 U.S.C. 1396b(d)(2)). Such a disallowance is not subject to a reconsideration under 1116(d) of such Act (42 U.S.C. 1316(d)).
(D) DEFINITIONS.—In this section:
(i) STATE.—The term “State” means the 50 States and the District of Columbia.
(ii) DSH ALLOTMENT.—The term “DSH allotment” means, with respect to a State for a fiscal year, the allotment made under section 1923(f) of the Social Security Act (42 U.S.C. 1396r–4(f)) to the State for the fiscal year.
(2) DSH HEALTH REFORM METHODOLOGY.—The Secretary shall carry out paragraph (1) through use of a DSH Health Reform methodology issued by the Secretary that imposes the largest percentage reductions on the States that—
(A) have the lowest percentages of uninsured individuals (determined on the basis of audited hospital cost reports) during the most recent year for which such data are available; or
(B) do not target their DSH payments on—
(i) hospitals with high volumes of Medicaid inpatients (as defined in section 1923(b)(1)(A) of the Social Security Act (42 U.S.C. 1396r–4(b)(1)(A)); and
(ii) hospitals that have high levels of uncompensated care (excluding bad debt).
(3) DSH ALLOTMENT PUBLICATIONS.—
(A) IN GENERAL.—Not later than the publication deadline specified in subparagraph (B), the Secretary shall publish in the Federal Register a notice specifying the DSH allotment to each State under 1923(f) of the Social Security Act for the respective fiscal year specified in such subparagraph, consistent with the application of the DSH Health Reform methodology described in paragraph (2).
(B) PUBLICATION DEADLINE.—The publication deadline specified in this subparagraph is—
(i) January 1, 2016, with respect to DSH allotments described in subparagraph (A) for fiscal year 2017;
(ii) January 1, 2017, with respect to DSH allotments described in subparagraph (A) for fiscal year 2018; and
(iii) January 1, 2018, with respect to DSH allotments described in subparagraph (A) for fiscal year 2019.
(1) Section 1923(f) of the Social Security Act (42 U.S.C. 1396r–4(f)) is amended—
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new paragraph:
“(7) SPECIAL RULE FOR FISCAL YEARS 2017, 2018, AND 2019.—For each of fiscal years 2017, 2018, and 2018, the DSH allotments under this subsection are subject to reduction under section 1704(b) of the Affordable Health Care for America Act.”.
(2) The second sentence of section 1923(b)(4) of such Act (42 U.S.C. 1396r–4(b)(4)) is amended by inserting before the period the following: “or to affect the authority of the Secretary to issue and implement the DSH Health Reform methodology under section 1704(b)(2) of the Affordable Health Care for America Act”.
(d) Disproportionate share hospitals (DSH) and essential access hospital (EAH) non-discrimination.—
(1) IN GENERAL.—Section 1923(d) of the Social Security Act (42 U.S.C. 1396r-4) is amended by adding at the end the following new paragraph:
“(4) No hospital may be defined or deemed as a disproportionate share hospital, or as an essential access hospital (for purposes of subsection (f)(6)(A)(iv)), under a State plan under this title or subsection (b) of this section (including any demonstration project under section 1115) unless the hospital—
“(A) provides services to beneficiaries under this title without discrimination on the ground of race, color, national origin, creed, source of payment, status as a beneficiary under this title, or any other ground unrelated to such beneficiary’s need for the services or the availability of the needed services in the hospital; and
“(B) makes arrangements for, and accepts, reimbursement under this title for services provided to eligible beneficiaries under this title.”.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to expenditures made on or after July 1, 2010.
(a) In general.—Section 1902(a)(55) of the Social Security Act (42 U.S.C. 1396a(a)(55)) is amended by striking “under subsection (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI), (a)(10)(A)(i)(VII), or (a)(10)(A)(ii)(IX)” and inserting “(including receipt and processing of applications of individuals for affordability credits under subtitle C of title II of division A of the Affordable Health Care for America Act pursuant to a Medicaid memorandum of understanding under section 1943(a)(1)) ” .
(b) Effective date.—Except as provided in section 1790, the amendment made by subsection (a) shall apply to services furnished on or after July 1, 2010, without regard to whether or not final regulations to carry out such amendment have been promulgated by such date.
(a) Coverage.—Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 1701(a)(3)(B), is amended—
(A) by striking “and” before “(C)”; and
(B) by inserting before the semicolon at the end the following: “; and (D) preventive services described in subsection (z)”; and
(2) by adding at the end the following new subsection: “(z) Preventive services.—The preventive services described in this subsection are services not otherwise described in subsection (a) or (r) that the Secretary determines are— “(1)(A) recommended with a grade of A or B by the Task Force for Clinical Preventive Services; or “(B) vaccines recommended for use as appropriate by the Director of the Centers for Disease Control and Prevention; and
“(2) appropriate for individuals entitled to medical assistance under this title.”.
(b) Elimination of cost-sharing.—
(1) Subsections (a)(2)(D) and (b)(2)(D) of section 1916 of such Act (42 U.S.C. 1396o) are each amended by inserting “preventive services described in section 1905(z),” after “emergency services (as defined by the Secretary),”.
(2) Section 1916A(a)(1) of such Act (42 U.S.C. 1396o–1 (a)(1)) is amended by inserting “, preventive services described in section 1905(z),” after “subsection (c)”.
(c) Conforming amendment.—Section 1928 of such Act (42 U.S.C. 1396s) is amended—
(1) in subsection (c)(2)(B)(i), by striking “the advisory committee referred to in subsection (e)” and inserting “the Director of the Centers for Disease Control and Prevention”;
(2) in subsection (e), by striking “Advisory Committee” and all that follows and inserting “Director of the Centers for Disease Control and Prevention.”; and
(3) by striking subsection (g).
(d) Effective date.—Except as provided in section 1790, the amendments made by this section shall apply to services furnished on or after July 1, 2010, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
(a) Dropping tobacco cessation exclusion from covered outpatient drugs.—Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r–8(d)(2)) is amended—
(1) by striking subparagraph (E);
(2) in subparagraph (G), by inserting before the period at the end the following: “, except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation”; and
(3) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively.
(b) Effective date.—The amendments made by this section shall apply to drugs and services furnished on or after January 1, 2010.
(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by sections 1701(a)(3)(B) and 1711(a), is amended—
(A) in paragraph (27), by striking “and” at the end;
(B) by redesignating paragraph (28) as paragraph (29); and
(C) by inserting after paragraph (27) the following new paragraph:
“(28) nurse home visitation services (as defined in subsection (aa)); and”; and
(2) by adding at the end the following new subsection: “(aa) The term ‘nurse home visitation services’ means home visits by trained nurses to families with a first-time pregnant woman, or a child (under 2 years of age), who is eligible for medical assistance under this title, but only, to the extent determined by the Secretary based upon evidence, that such services are effective in one or more of the following: “(1) Improving maternal or child health and pregnancy outcomes or increasing birth intervals between pregnancies. “(2) Reducing the incidence of child abuse, neglect, and injury, improving family stability (including reduction in the incidence of intimate partner violence), or reducing maternal and child involvement in the criminal justice system. “(3) Increasing economic self-sufficiency, employment advancement, school-readiness, and educational achievement, or reducing dependence on public assistance.”.
(b) Effective date.—The amendments made by this section shall apply to services furnished on or after January 1, 2010.
(c) Construction.—Nothing in the amendments made by this section shall be construed as affecting the ability of a State under title XIX or XXI of the Social Security Act to provide nurse home visitation services as part of another class of items and services falling within the definition of medical assistance or child health assistance under the respective title, or as an administrative expenditure for which payment is made under section 1903(a) or 2105(a) of such Act, respectively, on or after the date of the enactment of this Act.
(a) Coverage as optional categorically needy group.—
(1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended—
(A) in subclause (XVIII), by striking “or” at the end;
(B) in subclause (XIX), by adding “or” at the end; and
(C) by adding at the end the following new subclause:
“(XX) who are described in subsection (hh) (relating to individuals who meet certain income standards);”.
(2) GROUP DESCRIBED.—Section 1902 of such Act (42 U.S.C. 1396a), as amended by section 1703, is amended by adding at the end the following new subsection: “(hh)(1) Individuals described in this subsection are individuals— “(A) whose income does not exceed an income eligibility level established by the State that does not exceed the highest income eligibility level established under the State plan under this title (or under its State child health plan under title XXI) for pregnant women; and “(B) who are not pregnant. “(2) At the option of a State, individuals described in this subsection may include individuals who, had individuals applied on or before January 1, 2007, would have been made eligible pursuant to the standards and processes imposed by that State for benefits described in clause (XV) of the matter following subparagraph (G) of section subsection (a)(10) pursuant to a demonstration project waiver granted under section 1115. “(3) At the option of a State, for purposes of subsection (a)(17)(B), in determining eligibility for services under this subsection, the State may consider only the income of the applicant or recipient.”.
(3) LIMITATION ON BENEFITS.—Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)—
(A) by striking “and (XIV)” and inserting “(XIV)”; and
(B) by inserting “, and (XV) the medical assistance made available to an individual described in subsection (hh) shall be limited to family planning services and supplies described in section 1905(a)(4)(C) including medical diagnosis and treatment services that are provided pursuant to a family planning service in a family planning setting” after “cervical cancer”.
(4) CONFORMING AMENDMENTS.—Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as amended by section 1731(c), is amended in the matter preceding paragraph (1)—
(A) in clause (xiii), by striking “or” at the end;
(B) in clause (xiv), by adding “or” at the end; and
(C) by inserting after clause (xiv) the following:
“(xv) individuals described in section 1902(hh),”.
(1) IN GENERAL.—Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following:
“Presumptive eligibility for family planning services
“Sec. 1920C. (a) State Option.—State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(hh) (relating to individuals who meet certain income eligibility standard) during a presumptive eligibility period. In the case of an individual described in section 1902(hh), such medical assistance shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State’s option, medical diagnosis and treatment services that are provided in conjunction with a family planning service in a family planning setting.
(A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at the end the following: “and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section”.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended—
(i) by striking “or for” and inserting “for”; and
(ii) by inserting before the period the following: “, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section”.
(c) Clarification of coverage of family planning services and supplies.—Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)), as amended by section 1703(c)(2), is amended by adding at the end the following:
“(6) COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES.—Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section.”.
(d) Effective date.—The amendments made by this section take effect on the date of the enactment of this Act and shall apply to items and services furnished on or after such date.
(1) FEE-FOR-SERVICE PAYMENTS.—Section 1902 of the Social Security Act (42 U.S.C. 1396b)as amended by sections 1703(a), 1714(a), 1731(a), and 1746, is amended—
(i) by striking “and” at the end of subparagraph (A);
(ii) by adding “and” at the end of subparagraph (B); and
(iii) by adding at the end the following new subparagraph:
“(C) payment for primary care services (as defined in subsection (kk)(1)) furnished by physicians (or for services furnished by other health care professionals that would be primary care services under such section if furnished by a physician) at a rate not less than 80 percent of the payment rate that would be applicable if the adjustment described in subsection (kk)(2) were to apply to such services and physicians or professionals (as the case may be) under part B of title XVIII for services furnished in 2010, 90 percent of such adjusted payment rate for services and physicians (or professionals) furnished in 2011, or 100 percent of such adjusted payment rate for services and physicians (or professionals) furnished in 2012 and each subsequent year;”; and
(B) by adding at the end the following new subsection:
“(kk) Increased payment for primary care services.—For purposes of subsection (a)(13)(C):
“(1) PRIMARY CARE SERVICES DEFINED.—The term ‘primary care services’ means evaluation and management services, without regard to the specialty of the physician furnishing the services, that are procedure codes (for services covered under title XVIII) for services in the category designated Evaluation and Management in the Health Care Common Procedure Coding System (established by the Secretary under section 1848(c)(5) as of December 31, 2009, and as subsequently modified by the Secretary).
“(2) ADJUSTMENT.—The adjustment described in this paragraph is the substitution of 1.25 percent for the update otherwise provided under section 1848(d)(4) for each year beginning with 2010.”.
(2) UNDER MEDICAID MANAGED CARE PLANS.—Section 1932(f) of such Act (42 U.S.C. 1396u–2(f)) is amended—
(A) in the heading, by adding at the end the following: “; Adequacy of payment for primary care services”; and
(B) by inserting before the period at the end the following: “and, in the case of primary care services described in section 1902(a)(13)(C), consistent with the minimum payment rates specified in such section (regardless of the manner in which such payments are made, including in the form of capitation or partial capitation)”.
(b) Increase in payment using increased FMAP.—Section 1905(y) of the Social Security Act, as added by section 1701(a)(3)(B) and as amended by section 1701(c)(2), is amended by adding at the end the following:
“(3)(A) The portion of the amounts expended for medical assistance for services described in section 1902(a)(13)(C) furnished on or after January 1, 2010, that is attributable to the amount by which the minimum payment rate required under such section (or, by application, section 1932(f)) exceeds the payment rate applicable to such services under the State plan as of June 16, 2009.
“(B) Subparagraph (A) shall not be construed as preventing the payment of Federal financial participation based on the Federal medical assistance percentage for amounts in excess of those specified under such subparagraph.”.
(c) Effective date.—The amendments made by this section shall apply to services furnished on or after January 1, 2010.
(a) In general.—The Secretary of Health and Human Services shall establish under this section a medical home pilot program under which a State may apply to the Secretary for approval of a medical home pilot project described in subsection (b) (in this section referred to as a “pilot project”) for the application of the medical home concept under title XIX of the Social Security Act. The pilot program shall operate for a period of up to 5 years.
(1) IN GENERAL.—A pilot project is a project that applies one or more of the medical home models described in section 1866F(a)(3) of the Social Security Act (as inserted by section 1302(a)) or such other model as the Secretary may approve, to individuals (including medically fragile children and high-risk pregnant women) who are eligible for medical assistance under title XIX of the Social Security Act. The Secretary shall provide for appropriate coordination of the pilot program under this section with the medical home pilot program under section 1866F of such Act.
(2) LIMITATION.—A pilot project shall be for a duration of not more than 5 years.
(3) CONSIDERATION FOR CERTAIN TECHNOLOGIES.—In considering applications for pilots projects under this section, the Secretary may approve a project which tests the effectiveness of applications and devices, such as wireless patient management technologies, that are approved by the Food and Drug Administration and enable providers and practitioners to communicate directly with their patients in managing chronic illness.
(c) Additional incentives.—In the case of a pilot project, the Secretary may—
(1) waive the requirements of section 1902(a)(1) of the Social Security Act (relating to statewideness) and section 1902(a)(10)(B) of such Act (relating to comparability); and
(2) increase to up to 90 percent (for the first 2 years of the pilot program) or 75 percent (for the next 3 years) the matching percentage for administrative expenditures (such as those for community care workers).
(d) Medically fragile children.—In the case of a model involving medically fragile children, the model shall ensure that the patient-centered medical home services received by each child, in addition to fulfilling the requirements under 1866F(b)(1) of the Social Security Act, provide for continuous involvement and education of the parent or caregiver and for assistance to the child in obtaining necessary transitional care if a child’s enrollment ceases for any reason.
(1) EVALUATION.—The Secretary, using the criteria described in section 1866F(e)(1) of the Social Security Act (as inserted by section 1123), shall conduct an evaluation of the pilot program under this section.
(2) REPORT.—Not later than 60 days after the date of completion of the evaluation under paragraph (1), the Secretary shall submit to Congress and make available to the public a report on the findings of the evaluation under such paragraph.
(f) Funding.—The additional Federal financial participation resulting from the implementation of the pilot program under this section may not exceed in the aggregate $1,235,000,000 over the 5-year period of the program.
(a) In general.—Section 1903(a)(2)(E) of the Social Security Act (42 U.S.C. 1396b(a)(2)), as added by section 201(b)(2)(A) of the Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111–3), is amended by inserting “and other individuals” after “children of families”.
(b) Effective date.—The amendment made by subsection (a) shall apply to payment for translation or interpretation services furnished on or after January 1, 2010.
(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 1713(a), is amended—
(A) by redesignating paragraph (29) as paragraph (30);
(B) in paragraph (28), by striking at the end “and”; and
(C) by inserting after paragraph (28) the following new paragraph:
“(29) freestanding birth center services (as defined in subsection (l)(3)(A)) and other ambulatory services that are offered by a freestanding birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; and”; and
(2) in subsection (l), by adding at the end the following new paragraph:
“(3)(A) The term ‘freestanding birth center services’ means services furnished to an individual at a freestanding birth center (as defined in subparagraph (B)), including by a licensed birth attendant (as defined in subparagraph (C)) at such center.
“(B) The term ‘freestanding birth center’ means a health facility—
“(i) that is not a hospital; and
“(ii) where childbirth is planned to occur away from the pregnant woman’s residence.
“(C) The term ‘licensed birth attendant’ means an individual who is licensed or registered by the State involved to provide health care at childbirth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the supervision of, or associated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a licensed birth attendant.”.
(b) Effective date.—The amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act.
Section 1928(b)(2)(A)(iii)(I) of the Social Security Act (42 U.S.C. 1396s(b)(2)(A)(iii)(I)) is amended—
(1) by striking “or a rural health clinic” and inserting “, a rural health clinic”; and
(2) by inserting “or a public health clinic,” after `“1905(l)(1)),”.
(a) In general.—Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking “section 1861(r)(1)” and inserting “paragraphs (1) and (3) of section 1861(r)”.
(b) Effective date.—Except as provided in section 1790, the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2010.
(a) In general.—Section 1905(a)(5) of the Social Security Act (42 U.S.C. 1396d(a)(5)) is amended—
(1) by striking “and” before “(B)”; and
(2) by inserting before the semicolon at the end the following: “, and (C) medical and other health services (as defined in section 1861(s)) as authorized by State law, furnished by an optometrist (described in section 1861(r)(4)) to the extent such services may be performed under State law”.
(b) Effective date.—Except as provided in section 1790, the amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act and shall apply to services furnished or other actions required on or after such date.
(a) Rule of construction.—Nothing in this title shall prevent or limit a State from covering therapeutic foster care for eligible children in out-of-home placements under section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)).
(b) Therapeutic foster care defined.—For purposes of this section, the term “therapeutic foster care” means a foster care program that provides—
(A) structured daily activities that develop, improve, monitor, and reinforce age-appropriate social, communications, and behavioral skills;
(B) crisis intervention and crisis support services;
(C) medication monitoring;
(D) counseling; and
(E) case management services; and
(2) specialized training for the foster parent and consultation with the foster parent on the management of children with mental illnesses and related health and developmental conditions.
(a) In general.—Title XIX of the Social Security Act is amended by inserting after section 1925 the following new section:
“Assuring adequate payment levels for services
“Sec. 1926. (a) In general.—A State plan under this title shall not be considered to meet the requirement of section 1902(a)(30)(A) for a year (beginning with 2011) unless, by not later than April 1 before the beginning of such year, the State submits to the Secretary an amendment to the plan that specifies the payment rates to be used for such services under the plan in such year and includes in such submission such additional data as will assist the Secretary in evaluating the State’s compliance with such requirement, including data relating to how rates established for payments to medicaid managed care organizations under sections 1903(m) and 1932 take into account such payment rates.
(b) Effective date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a), as amended by section 1631(b) and 1703(a), is amended—
(1) by striking “and” at the end of paragraph (74);
(2) by striking the period at the end of paragraph (75) and inserting “; and”; and
(3) by inserting after paragraph (75) the following new paragraph:
“(76) provide that in the case of any youth who is 18 years of age or younger, was enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution, is 18 years of age or younger upon release from such institution, and is eligible for such medical assistance under the State plan at the time of release from such institution—
“(A) during the period such youth is incarcerated in a public institution, the State shall not terminate eligibility for medical assistance under the State plan for such youth;
“(B) during the period such youth is incarcerated in a public institution, the State shall establish a process that ensures—
“(i) that the State does not claim federal financial participation for services that are provided to such youth and that are excluded under subsection 1905(a)(28)(A); and
“(ii) that the youth receives medical assistance for which federal participation is available under this title;
“(C) on or before the date such youth is released from such institution, the State shall ensure that such youth is enrolled for medical assistance under this title, unless and until there is a determination that the individual is no longer eligible to be so enrolled; and
“(D) the State shall ensure that enrollment under subparagraph (C) will be completed before such date so that the youth can access medical assistance under this title immediately upon leaving the institution.”
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1139A the following new section:
“(a) Maternity care quality measures under Medicaid and CHIP.—
“(1) DEVELOPMENT OF MEASURES.—No later than January 1, 2011, the Secretary shall develop and publish for comment a proposed set of measures that accurately describe the quality of maternity care provided under State plans under titles XIX and XXI. The Secretary shall publish a final recommended set of such measures no later than July 1, 2011.
“(2) STANDARDIZED REPORTING FORMAT.—No later than January 1, 2012, the Secretary shall develop and publish a standardized reporting format for maternity care quality measures for use by State programs under titles XIX and XXI to collect data from managed care entities and providers and practitioners that participate in such programs and to report maternity care quality measures to the Secretary.
“(b) Other adult health quality measures under Medicaid.—
“(1) DEVELOPMENT OF MEASURES.—The Secretary shall develop quality measures that are not otherwise developed under section 1192 for services received under State plans under title XIX by individuals who are 21 years of age or older but have not attained age 65. The Secretary shall publish such quality measures through notice and comment rulemaking.
“(2) STANDARDIZED REPORTING FORMAT.—The Secretary shall develop and publish a standardized reporting format for quality measures developed under paragraph (1) and section 1192 for services furnished under State plans under title XIX to individuals who are 21 years of age or older but have not attained age 65 for use under such plans and State plans under title XXI. The format shall enable State agencies administering such plans to collect data from managed care entities and providers and practitioners that participate in such plans and to report quality measures to the Secretary.
“(c) Development process.—With respect to the development of quality measures under subsections (a) and (b)—
“(1) USE OF QUALIFIED ENTITIES.—The Secretary may enter into agreements with public, nonprofit, or academic institutions with technical expertise in the area of health quality measurement to assist in such development. The Secretary may carry out these agreements by contract, grant, or otherwise.
“(2) MULTI-STAKEHOLDER PRE-RULEMAKING INPUT.—The Secretary shall obtain the input of stakeholders with respect to such quality measures using a process similar to that described in section 1808(d).
“(3) COORDINATION.—The Secretary shall coordinate the development of such measures under such subsections and with the development of child health quality measures under section 1139A.
“(d) Annual report to congress.—No later than January 1, 2013, and annually thereafter, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives the Committee on Finance of the Senate regarding—
“(1) the availability of reliable data relating to the quality of maternity care furnished under State plans under titles XIX and XXI;
“(2) the availability of reliable data relating to the quality of services furnished under State plans under title XIX to adults who are 21 years of age or older but have not attained age 65; and
“(3) recommendations for improving the quality of such care and services furnished under such State plans.
“(e) Rule of construction.—Notwithstanding any other provision in this section, no quality measure developed, published, or used as a basis of measurement or reporting under this section may be used to establish an irrebuttable presumption regarding either the medical necessity of care or the maximum permissible coverage for any individual who receives medical assistance under title XIX or child health assistance under title XXI.
“(f) Appropriation.—For purposes of carrying out this section, in addition to funds otherwise available, out of any funds in the Treasury not otherwise appropriated, there are appropriated $40,000,000 for the 5-fiscal-year period beginning with fiscal year 2010. Funds appropriated under this subsection shall remain available until expended.”.
(a) In general.—The Secretary of Health and Human Services shall establish under this section an accountable care program under which a State may apply to the Secretary for approval of an accountable care organization pilot program described in subsection (b) (in this section referred to as a “pilot program”) for the application of the accountable care organization concept under title XIX of the Social Security Act.
(1) IN GENERAL.—The pilot program described in this subsection is a program that applies one or more of the accountable care organization models described in section 1866E of the Social Security Act, as added by section 1301 of this Act.
(2) LIMITATION.—The pilot program shall operate for a period of not more than 5 years.
(c) Additional incentives.—In the case of the pilot program under this section, the Secretary may—
(1) waive the requirements of—
(A) section 1902(a)(1) of the Social Security Act (relating to statewideness);
(B) section 1902(a)(10)(B) of such Act (relating to comparability); and
(2) increase the matching percentage for administrative expenditures up to—
(A) 90 percent (for the first 2 years of the pilot program); and
(B) 75 percent (for the next 3 years).
(1) EVALUATION.—The Secretary shall conduct an evaluation of the pilot program under this section. In conducting such evaluation, the Secretary shall use the criteria used under subsection (g)(1) of section 1866E of the Social Security Act (as inserted by section 1301 of this Act) to evaluate pilot programs under such section.
(2) REPORT.—Not later than 60 days after the date of completion of the evaluation under paragraph (1), the Secretary shall submit to Congress and make available to the public a report on the findings of the evaluation under such paragraph.
Section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) is amended—
(1) by striking “or” at the end of clause (iii);
(2) by striking the semicolon at the end of clause (iv) and inserting “, and”; and
(3) by inserting after clause (iv) the following new clause:
(a) In General.— Section 1902 of the Social Security Act (42 U.S.C. 1396a), as amended by section 1714(a)(1), is amended—
(1) in subsection (a)(10)(A)(ii)—
(A) by striking “or” at the end of subclause (XIX);
(B) by adding “or” at the end of subclause (XX); and
(C) by adding at the end the following:
“(XXI) who are described in subsection (ii) (relating to HIV-infected individuals);”; and
(2) by adding at the end, as amended by sections 1703 and 1714(a), the following: “(ii) Individuals described in this subsection are individuals not described in subsection (a)(10)(A)(i)— “(1) who have HIV infection; “(2) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and “(3) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan.”.
(b) Enhanced Match.—The first sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by striking “section 1902(a)(10)(A)(ii)(XVIII)” and inserting “subclause (XVIII) or (XXI) of section 1902(a)(10)(A)(ii)”.
(c) Conforming Amendments.—Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter preceding paragraph (1)—
(1) by striking “or” at the end of clause (xii);
(2) by adding “or” at the end of clause (xiii); and
(3) by inserting after clause (xiii) the following:
“(xiv) individuals described in section 1902(ii),”.
(d) Exemption From Funding Limitation for Territories.—Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at the end the following:
“(5) DISREGARDING MEDICAL ASSISTANCE FOR OPTIONAL LOW-INCOME HIV-INFECTED INDIVIDUALS.—The limitations under subsection (f) and the previous provisions of this subsection shall not apply to amounts expended for medical assistance for individuals described in section 1902(ii) who are only eligible for such assistance on the basis of section 1902(a)(10)(A)(ii)(XXI).”.
(e) Effective Date; sunset.—The amendments made by this section shall apply to expenditures for calendar quarters beginning on or after the date of the enactment of this Act, and before January 1, 2013, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)), as amended by section 5004(a)(1) of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), are each amended by striking “December 31, 2010” and inserting “December 31, 2012”.
(a) In general.—Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph:
“(6) REQUIREMENT FOR 12-MONTH CONTINUOUS ELIGIBILITY.—In the case of a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), the plan shall provide for implementation under this title of the 12-month continuous eligibility option described in section 1902(e)(12) for targeted low-income children whose family income is below 200 percent of the poverty line.”.
(b) Effective date.—The amendment made by subsection (a) shall apply to determinations (and redeterminations) of eligibility made on or after January 1, 2010.
(a) In general.—Section 2102(b)(1) of the Social Security Act (42 U.S.C. 1397bb(b)(1)) is amended—
(A) in clause (iii), by striking “and” at the end;
(B) in clause (iv), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new clause:
“(v) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a child described in subparagraph (C).”; and
(2) by adding at the end the following new subparagraph:
“(C) DESCRIPTION OF CHILDREN NOT SUBJECT TO WAITING PERIOD.—For purposes of this paragraph, a child described in this subparagraph is a child who, on the date an application is submitted for such child for child health assistance under this title, meets any of the following requirements:
“(i) INFANTS AND TODDLERS.—The child is under two years of age.
“(ii) LOSS OF GROUP HEALTH PLAN COVERAGE.—The child previously had private health insurance coverage through a group health plan or health insurance coverage offered through an employer and lost such coverage due to—
“(I) termination of an individual’s employment;
“(II) a reduction in hours that an individual works for an employer;
“(III) elimination of an individual’s retiree health benefits; or
“(IV) termination of an individual’s group health plan or health insurance coverage offered through an employer.
“(iii) UNAFFORDABLE PRIVATE COVERAGE.—
“(I) IN GENERAL.—The family of the child demonstrates that the cost of health insurance coverage (including the cost of premiums, co-payments, deductibles, and other cost sharing) for such family exceeds 10 percent of the income of such family.
“(II) DETERMINATION OF FAMILY INCOME.—For purposes of subclause (I), family income shall be determined in the same manner specified by the State for purposes of determining a child’s eligibility for child health assistance under this title.”.
(b) Effective date.—The amendments made by this section shall take effect as of the date that is 90 days after the date of the enactment of this Act.
(a) In general.—The Secretary of Health and Human Services shall not—
(1) withhold, suspend, disallow, or otherwise deny Federal financial participation under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for the provision of adult day health care services, day activity and health services, or adult medical day care services, as defined under a State Medicaid plan approved during or before 1994, during such period if such services are provided consistent with such definition and the requirements of such plan; or
(2) withdraw Federal approval of any such State plan or part thereof regarding the provision of such services (by regulation or otherwise).
(b) Effective date.—Subsection (a) shall apply with respect to services provided on or after October 1, 2008.
(a) In general.—Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following:
“(G) MEDICAID EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED STATES.—With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), section 401(a) and paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”.
(b) Exception to 5-year limited eligibility.—Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended—
(1) in paragraph (1), by striking “or” at the end;
(2) in paragraph (2), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following:
“(3) an individual described in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C).”.
(c) Definition of qualified alien.—Section 431(b) of such Act (8 U.S.C. 1641(b)) is amended—
(1) in paragraph (6), by striking “; or” at the end and inserting a comma;
(2) in paragraph (7), by striking the period at the end and inserting “, or”; and
(3) by adding at the end the following:
“(8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program).”.
(a) Requirement.—Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended—
(1) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘and (21)’’ and inserting ‘‘, (21), and (30)’’; and
(2) in subparagraph (C)(iv), by striking ‘‘and (17)’’ and inserting ‘‘, (17), and (30)’’.
(b) Description of services.—Section 1905(a) of such Act (42 U.S.C. 1395d(a)), as amended by sections 1713(a)(1) and 1724(a)(1), is amended—
(1) in paragraph (29), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (30) as paragraph (31) and by striking the comma at the end and inserting a semicolon; and
(3) by inserting after paragraph (29) the following new paragraph:
“(30) nonemergency transportation to medically necessary services, consistent with the requirement of section 431.53 of title 42, Code of Federal Regulations, as in effect as of June 1, 2008; and”.
(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to transportation on or after such date.
Section 1902(e) of the Social Security Act (42 U.S.C. 1396b(e)), as amended by section 203(a) of the Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111–3), is amended by adding at the end the following new paragraph:
“(14)(A) At the option of the State, in the case of an individual with extremely high prescription drug costs described in subparagraph (B) who has been determined (without the application of this paragraph) to be eligible for medical assistance under this title, the State may, in redetermining the individual’s eligibility for medical assistance under this title, disregard any family income of the individual to the extent such income is less than an amount that is specified by the State and does not exceed the amount specified in subparagraph (C), or, if greater, income equal to the cost of the orphan drugs described in subparagraph (B)(iii).
“(B) An individual with extremely high prescription drug costs described in this subparagraph for a 12-month period is an individual—
“(i) who is covered under health insurance or a health benefits plan that has a maximum lifetime limit of not less than $1,000,000 which includes all prescription drug coverage;
“(ii) who has exhausted all available prescription drug coverage under the plan as of the beginning of such period;
“(iii) who incurs (or is reasonably expected to incur) on an annual basis during the period costs for orphan drugs in excess of the amount specified in subparagraph (C) for the period; and
“(iv) whose annual family income (determined without regard to this paragraph) as of the beginning of the period does not exceed 75 percent of the amount incurred for such drugs (as described in clause (iii)).
“(C) The amount specified in this subparagraph for a 12-month period beginning in—
“(i) 2009 or 2010, is $200,000; or
“(ii) a subsequent year, is the amount specified in clause (i) (or this subparagraph) for the previous year increased by the annual rate of increase in the medical care component of the consumer price index (U.S. city average) for the 12-month period ending in August of the previous year.
Any amount computed under clause (ii) that is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000.
“(D) In applying this paragraph, amounts incurred for prescription drugs for cosmetic purposes shall not be taken into account.
“(E) With respect to an individual described in subparagraph (A), notwithstanding section 1916, the State plan—
“(i) shall provide for the application of cost-sharing that is at least nominal as determined under section 1916; and
“(ii) may provide, consistent with section 1916A, for such additional cost-sharing as does not exceed a maximum level of cost-sharing that is specified by the Secretary and is adjusted by the Secretary on an annual basis.
“(F) A State electing the option under this paragraph shall provide for a determination on an individual’s application for continued medical assistance under this title within 30 days of the date the application if filed with the State.
“(i) The term ‘orphan drugs’ means prescription drugs designated under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb) as a drug for a rare disease or condition.
“(ii) The term ‘health benefits plan’ includes coverage under a plan offered under a State high risk pool.”.
(a) Coordination with CLASS provisions.—Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 1631(b), 1703(a), 1729, 1753, 1757(a), 1759(a), 1783(a), and 1907(b), is amended—
(1) in paragraph (80), by striking “and” at the end;
(2) in paragraph (81), by striking the period and inserting “; and”; and
(3) by inserting after paragraph (81) the following:
“(82) provide that the State will comply with such regulations regarding the application of primary and secondary payor rules with respect to individuals who are eligible for medical assistance under this title and are eligible beneficiaries under the CLASS program established under title XXXII of the Public Health Service Act as the Secretary shall establish.”.
(b) Assurance of adequate infrastructure for the provision of personal care attendant workers.—Section 1902(a) of such Act (42 U.S.C. 1396a(a)), as amended by subsection (a), is amended—
(1) in paragraph (81), by striking “and” at the end;
(2) in paragraph (82), by striking the period at the end and inserting “; and”; and
(3) by inserting after paragraph (82), the following:
“(83) provide that, not later than 2 years after the date of enactment of this paragraph, each State shall—
“(A) assess the extent to which entities such as providers of home care, home health services, home and community service providers, public authorities created to provide personal care services to individuals eligible for medical assistance under the State plan, and nonprofit organizations, are serving or have the capacity to serve as fiscal agents for, employers of, and providers of employment-related benefits for, personal care attendant workers who provide personal care services to individuals receiving benefits under the CLASS program established under title XXXII of the Public Health Service Act, including in rural and underserved areas;
“(B) designate or create such entities to serve as fiscal agents for, employers of, and providers of employment-related benefits for, such workers to ensure an adequate supply of the workers for individuals receiving benefits under the CLASS program, including in rural and underserved areas; and
“(C) ensure that the designation or creation of 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 and further ensure that such entities will not impede the ability of individuals to direct and control their home and community services, including the ability to select, manage, dismiss, co-employ, or employ such workers or inhibit such individuals from relying on family members for the provision of personal care services.”.
(c) Inclusion of information on supplemental coverage in the national clearinghouse for long-term care information; extension of funding.—Section 6021(d) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) is amended—
(A) in clause (ii), by striking “and” at the end;
(B) in clause (iii), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(iv) include information regarding the CLASS program established under title XXXII of the Public Health Service Act.”; and
(A) by striking “2010” and inserting “2015”; and
(B) by adding at the end the following: “In addition to the amount appropriated under the previous sentence, there are authorized to be appropriated to carry out this subsection, $7,000,000 for each of fiscal years 2011, 2012, and 2013.”.
(d) Effective date.—The amendments made by this section take effect on January 1, 2011.
(a) Pharmacy Reimbursement Limits.—
(1) IN GENERAL.—Section 1927(e) of the Social Security Act (42 U.S.C. 1396r–8(e)) is amended—
(A) by striking paragraph (5) and inserting the following:
“(5) USE OF AMP IN UPPER PAYMENT LIMITS.—The Secretary shall calculate the Federal upper reimbursement limit established under paragraph (4) as 130 percent of the weighted average (determined on the basis of manufacturer utilization) of monthly average manufacturer prices. Nothing in the previous sentence shall be construed as preventing the Secretary from performing such calculation using a smoothing process in order to reduce significant variations from month to month as a result of rebates, discounts, and other pricing practices, such as in the manner such a process is used by the Secretary in determining the average sales price of a drug or biological under section 1847A.”
(2) DEFINITION OF AMP.—Section 1927(k)(1)(B) of such Act (42 U.S.C. 1396r–8(k)(1)(B)) is amended—
(B) in the heading, by striking “extended to wholesalers” and inserting “and other payments”; and
(C) by striking “regard to” and all that follows through the period and inserting the following: “regard to—
“(i) customary prompt pay discounts extended to wholesalers;
“(ii) bona fide service fees paid by manufacturers;
“(iii) reimbursement by manufacturers for recalled, damaged, expired, or otherwise unsalable returned goods, including reimbursement for the cost of the goods and any reimbursement of costs associated with return goods handling and processing, reverse logistics, and drug destruction;
“(iv) sales directly to, or rebates, discounts, or other price concessions provided to, pharmacy benefit managers, managed care organizations, health maintenance organizations, insurers, mail order pharmacies that are not open to all members of the public, or long term care providers, provided that these rebates, discounts, or price concessions are not passed through to retail pharmacies;
“(v) sales directly to, or rebates, discounts, or other price concessions provided to, hospitals, clinics, and physicians, unless the drug is an inhalation, infusion, or injectable drug, or unless the Secretary determines, as allowed for in Agency administrative procedures, that it is necessary to include such sales, rebates, discounts, and price concessions in order to obtain an accurate AMP for the drug. Such a determination shall not be subject to judicial review; or
“(vi) rebates, discounts, and other price concessions required to be provided under agreements under subsections (f) and (g) of section 1860D–2(f).”.
(3) MANUFACTURER REPORTING REQUIREMENTS.—Section 1927(b)(3)(A) of such Act (42 U.S.C. 1396r–8(b)(3)(A)) is amended—
(A) in clause (ii), by striking “and” at the end;
(B) by striking the period at the end of clause (iii) and inserting “; and”; and
(C) by inserting after clause (iii) the following new clause:
“(iv) not later than 30 days after the last day of each month of a rebate period under the agreement, on the manufacturer’s total number of units that are used to calculate the monthly average manufacturer price for each covered outpatient drug.”.
(4) AUTHORITY TO PROMULGATE REGULATION.—The Secretary of Health and Human Services may promulgate regulations to clarify the requirements for upper payment limits and for the determination of the average manufacturer price in an expedited manner. Such regulations may become effective on an interim final basis, pending opportunity for public comment.
(5) PHARMACY REIMBURSEMENTS THROUGH DECEMBER 31, 2010.—The specific upper limit under section 447.332 of title 42, Code of Federal Regulations (as in effect on December 31, 2006) applicable to payments made by a State for multiple source drugs under a State Medicaid plan shall continue to apply through December 31, 2010, for purposes of the availability of Federal financial participation for such payments.
(b) Disclosure of Price Information to the Public.—Section 1927(b)(3) of such Act (42 U.S.C. 1396r–8(b)(3)) is amended—
(A) in clause (i), in the matter preceding subclause (I), by inserting “month of a” after “each”; and
(B) in the last sentence, by striking “and shall,” and all that follows up to the period; and
(2) in subparagraph (D)(v), by inserting “weighted” before “average manufacturer prices”.
(a) Additional rebate for new formulations of existing drugs.—
(1) IN GENERAL.—Section 1927(c)(2) of the Social Security Act (42 U.S.C. 1396r–8(c)(2)) is amended by adding at the end the following new subparagraph:
“(C) TREATMENT OF NEW FORMULATIONS.—In the case of a drug that is a line extension of a single source drug or an innovator multiple source drug that is an oral solid dosage form, the rebate obligation with respect to such drug under this section shall be the amount computed under this section for such new drug or, if greater, the product of—
“(i) the average manufacturer price of the line extension of a single source drug or an innovator multiple source drug that is an oral solid dosage form;
“(ii) the highest additional rebate (calculated as a percentage of average manufacturer price) under this section for any strength of the original single source drug or innovator multiple source drug; and
“(iii) the total number of units of each dosage form and strength of the line extension product paid for under the State plan in the rebate period (as reported by the State).
In this subparagraph, the term ‘line extension’ means, with respect to a drug, a new formulation of the drug, such as an extended release formulation.”.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to drugs dispensed after December 31, 2009.
(b) Increase minimum rebate percentage for single source drugs.—
(1) IN GENERAL.—Section 1927(c)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r–8(c)(1)(B)(i)) is amended—
(A) in subclause (IV), by striking “and” at the end;
(i) by inserting “and before January 1, 2010” after “December 31, 1995,”; and
(ii) by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new subclause:
“(VI) after December 31, 2009, is 23.1 percent.”.
(2) RECAPTURE OF TOTAL SAVINGS DUE TO INCREASE.—Section 1927(b)(1) of such Act is amended by adding at the end the following new subparagraph:
“(C) SPECIAL RULE FOR INCREASED MINIMUM REBATE PERCENTAGE.—
“(i) IN GENERAL.—In addition to the amounts applied as a reduction under subparagraph (B), for rebate periods beginning on or after January 1, 2010, during a fiscal year, the Secretary shall reduce payments to a State under section 1903(a) in the manner specified in clause (ii), in an amount equal to the product of—
“(I) 100 percent minus the Federal medical assistance percentage applicable to the rebate period for the State; and
“(II) the amounts received by the State under such subparagraph that are attributable (as estimated by the Secretary based on utilization and other data) to the increase in the minimum rebate percentage effected by the amendments made by section 1742(b)(1) of the Affordable Health Care for America Act, taking into account the additional drugs included under the amendments made by section 1743 of such Act.
The Secretary shall adjust such payment reduction for a calendar quarter to the extent the Secretary determines, based upon subsequent utilization and other data, that the reduction for such quarter was greater or less than the amount of payment reduction that should have been made.
“(ii) MANNER OF PAYMENT REDUCTION.—The amount of the payment reduction under clause (i) for a State for a quarter shall be deemed an overpayment to the State under this title to be disallowed against the State’s regular quarterly draw for all Medicaid spending under section 1903(d)(2). Such a disallowance is not subject to a reconsideration under 1116(d).”.
(a) In general.—Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended—
(1) in clause (xi), by striking “and” at the end;
(2) in clause (xii), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(xiii) such contract provides that the entity shall report to the State such information, on such timely and periodic basis as specified by the Secretary, as the State may require in order to include, in the information submitted by the State to a manufacturer under section 1927(b)(2)(A) and to the Secretary under section 1927(b)(2)(C), information on covered outpatient drugs dispensed to individuals eligible for medical assistance who are enrolled with the entity and for which the entity is responsible for coverage of such drugs under this subsection.”.
(b) Conforming amendments.—Section 1927 of such Act (42 U.S.C. 1396r-8) is amended——
(1) in the first sentence of subsection (b)(1)(A), by inserting before the period at the end the following: “, including such drugs dispensed to individuals enrolled with a medicaid managed care organization if the organization is responsible for coverage of such drugs”;
(2) in subsection (b)(2), by adding at the end the following new subparagraph:
“(C) REPORTING ON MMCO DRUGS.—On a quarterly basis, each State shall report to the Secretary the total amount of rebates in dollars received from pharmacy manufacturers for drugs provided to individuals enrolled with Medicaid managed care organizations that contract under section 1903(m) and such other information as the Secretary may require to carry out paragraph (1)(C) with respect to such rebates.”; and
(A) in the heading by striking “Exemption” and inserting “Special rules”; and
(B) in paragraph (1), by striking “are not subject to the requirements of this section” and inserting “are subject to the requirements of this section unless such drugs are subject to discounts under section 340B of the Public Health Service Act”.
(c) Effective date.—The amendments made by this section take effect on January 1, 2010, and shall apply to drugs dispensed on or after such date, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by sections 1701(a)(3)(B), 1711(a), and 1713(a), is amended by adding at the end the following new subsection:
“(bb) Payment for graduate medical education.—
“(1) IN GENERAL.—The term ‘medical assistance’ includes payment for costs of graduate medical education consistent with this subsection, whether provided in or outside of a hospital.
“(2) SUBMISSION OF INFORMATION.—For purposes of paragraph (1) and section 1902(a)(13)(A)(v), payment for such costs is not consistent with this subsection unless—
“(A) the State submits to the Secretary, in a timely manner and on an annual basis specified by the Secretary, information on total payments for graduate medical education and how such payments are being used for graduate medical education, including—
“(i) the institutions and programs eligible for receiving the funding;
“(ii) the manner in which such payments are calculated;
“(iii) the types and fields of education being supported;
“(iv) the workforce or other goals to which the funding is being applied;
“(v) State progress in meeting such goals; and
“(vi) such other information as the Secretary determines will assist in carrying out paragraphs (3) and (4); and
“(B) such expenditures are made consistent with such goals and requirements as are established under paragraph (4).
“(3) REVIEW OF INFORMATION.—The Secretary shall make the information submitted under paragraph (2) available to the Advisory Committee on Health Workforce Evaluation and Assessment (established under section 2261 of the Public Health Service Act). The Secretary and the Advisory Committee shall independently review the information submitted under paragraph (2), taking into account State and local workforce needs.
“(4) SPECIFICATION OF GOALS AND REQUIREMENTS.—The Secretary shall specify by rule, initially published by not later than December 31, 2011—
“(A) program goals for the use of funds described in paragraph (1), taking into account recommendations of the such Advisory Committee and the goals for approved medical residency training programs described in section 1886(h)(1)(B); and
“(B) requirements for use of such funds consistent with such goals.
Such rule may be effective on an interim basis pending revision after an opportunity for public comment.”.
(b) Conforming amendment.—Section 1902(a)(13)(A) of such Act (42 U.S.C. 1396a(a)(13)(A)), as amended by section 1721(a)(1)(A), is amended—
(1) by striking “and” at the end of clause (iii);
(2) by striking the semicolon in clause (iv) and inserting “, and”; and
(3) by adding at the end the following new clause:
“(v) in the case of hospitals and at the option of a State, such rates may include, to the extent consistent with section 1905(bb), payment for graduate medical education; and”.
(c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act. Nothing in this section shall be construed as affecting payments made before such date under a State plan under title XIX of the Social Security Act for graduate medical education.
(a) Total amount available for payments.—
(1) IN GENERAL.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services (in this section referred to as the “Secretary ”) to carry out this section $6,000,000,000, of which the following amounts shall be available for obligation in the following years:
(A) $1,500,000,000 shall be available beginning in 2010.
(B) $1,500,000,000 shall be available beginning in 2011.
(C) $1,500,000,000 shall be available beginning in 2012.
(D) $1,500,000,000 shall be available beginning in 2013.
(2) AVAILABILITY.—Funds appropriated under paragraph (1) shall remain available until all eligible dually-certified facilities (as defined in subsection (b)(3)) have been reimbursed for underpayments under this section during cost reporting periods ending during calendar years 2010 through 2013.
(3) LIMITATION OF AUTHORITY.—The Secretary may not may payments under this section that exceed the funds appropriated under paragraph (1).
(4) DISPOSITION OF REMAINING FUNDS INTO MIF.—Any funds appropriated under paragraph (1) which remain available after the application of paragraph (2) shall be deposited into the Medicaid Improvement Fund under section 1941 of the Social Security Act.
(1) AUTHORITY TO MAKE PAYMENTS.—From the amounts available for obligation in a year under subsection (a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall pay the amount determined under paragraph (2) directly to an eligible dually-certified facility for the purpose of providing funding to reimburse such facility for furnishing quality care to Medicaid-eligible individuals.
(2) DETERMINATION OF PAYMENT AMOUNTS.—
(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the payment amount determined under this paragraph for a year for an eligible dually-certified facility shall be an amount determined by the Secretary as reported on the facility’s latest available Medicare cost report.
(B) LIMITATION ON PAYMENT AMOUNT.—In no case shall the payment amount for an eligible dually-certified facility for a year under subparagraph (A) be more than the payment deficit described in paragraph (3)(D) for such facility as reported on the facility’s latest available Medicare cost report.
(C) PRO-RATA REDUCTION.—If the amount available for obligation under subsection (a) for a year (as reduced by allowable administrative costs under this section) is insufficient to ensure that each eligible dually-certified facility receives the amount of payment calculated under subparagraph (A), the Secretary shall reduce that amount of payment with respect to each such facility in a pro-rata manner to ensure that the entire amount available for such payments for the year be paid.
(D) NO REQUIRED MATCH.—The Secretary may not require that a State provide matching funds for any payment made under this subsection.
(3) ELIGIBLE DUALLY-CERTIFIED FACILITY DEFINED.—For purposes of this section, the term “eligible dually-certified facility” means, for a cost reporting period ending during a year (beginning no earlier than 2010) that is covered by the latest available Medicare cost report, a nursing facility that meets all of the following requirements:
(A) The facility is participating as a nursing facility under title XIX of the Social Security Act and as a skilled nursing facility under title XVIII of such Act during the entire year.
(B) The base Medicaid payment rate (excluding any supplemental payments) to the facility is not less than the base Medicaid payment rate (excluding any supplemental payments) to such facility as of June 16, 2009.
(C) As reported on the facility’s latest Medicare cost report—
(i) the Medicaid share of patient days for such facility is not less than 60 percent of the combined Medicare and Medicaid share of resident days for such facility; and
(ii) the combined Medicare and Medicaid share of resident days for such facility, as reported on the facility’s latest available Medicare cost report, is not less than 75 percent of the total resident days for such facility.
(D) The facility has received Medicaid reimbursement (including any supplemental payments) for the provision of covered services to Medicaid eligible individuals, as reported on the facility’s latest available Medicare cost report, that is significantly less (as determined by the Secretary) than the allowable costs (as determined by the Secretary) incurred by the facility in providing such services.
(E) The facility is not in the highest quartile of costs costs per day, as determined by the Secretary and as adjusted for case mix, wages, and type of facility.
(F) The facility provides quality care, as determined by the Secretary, to—
(i) Medicaid eligible individuals; and
(ii) individuals who are entitled to items and services under part A of title XVIII of the Social Security Act.
(G) In the most recent standard survey available, the facility was not cited for any immediate jeopardy deficiencies as defined by the Secretary.
(H) In the most recent standard survey available, the facility maintains an appropriate staffing level to attain or maintain the highest practicable well-being of each resident as defined by the Secretary
(I) The facility complies with all the requirements, as determined by the Secretary, contained in sections 1411 through 1416 and the amendments made by such sections.
(J) The facility was not listed as a Centers for Medicare & Medicaid Services Special Focus Facility (SFF) nor as a SFF on a State-based list.
(4) FREQUENCY OF PAYMENT.—Payment of an amount under this subsection to an eligible dually-certified facility shall be made for a year in a lump sum or in such periodic payments in such frequency as the Secretary determines appropriate.
(5) DIRECT PAYMENTS.—Such payment—
(A) shall be made directly by the Secretary to an eligible dually-certified facility or a contractor designated by such facility; and
(B) shall not be made through a State.
(1) ANNUAL APPLICATIONS; DEADLINES.—The Secretary shall establish a process, including deadlines, under which facilities may apply on an annual basis to qualify as eligible dually-certified facilities for payment under subsection (b).
(2) CONTRACTING AUTHORITY.—The Secretary may enter into one or more contracts with entities for the purpose of implementation of this section.
(3) LIMITATION.—The Secretary may not spend more than 0.75 percent of the amount made available under subsection (a) in any year on the costs of administering the program of payments under this section for the year.
(4) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary may implement, by program instruction or otherwise, the provisions of this section.
(5) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review of—
(A) the determination of the eligibility of a facility for payments under subsection (b); or
(B) the determination of the amount of any payment made to a facility under such subsection.
(d) Annual reports.—The Secretary shall submit an annual report to the committees with jurisdiction in the Congress on payments made under subsection (b). Each such report shall include information on—
(1) the facilities receiving such payments;
(2) the amount of such payments to such facilities; and
(3) the basis for selecting such facilities and the amount of such payments.
(e) Reference to report.—For report by the Medicaid and CHIP Payment and Access Commission on the adequacy of payments to nursing facilities under the Medicaid program, see section 1900(b)(2)(B) of the Social Security Act, as amended by section 1784.
(f) Definitions.—For purposes of this section:
(1) DUALLY-CERTIFIED FACILITY.—The term “dually-certified facility” means a facility that is participating as a nursing facility under title XIX of the Social Security Act and as a skilled nursing facility under title XVIII of such Act.
(2) MEDICAID ELIGIBLE INDIVIDUAL.—The term “Medicaid eligible individual” means an individual who is eligible for medical assistance, with respect to nursing facility services (as defined in section 1905(f) of the Social Security Act), under title XIX of the such Act.
(3) STATE.—The term “State” means the 50 States and the District of Columbia.
Section 1902 of the Social Security Act (42 U.S.C. 1396), as amended by sections 1703(a), 1714(a), and 1731(a), is amended by adding at the end the following new subsection:
“(jj) Report on Medicaid payments.—Each year, on or before a date determined by the Secretary, a State participating in the Medicaid program under this title shall submit to the Administrator of the Centers for Medicare & Medicaid Services—
“(1) information on the determination of rates of payment to providers for covered services under the State plan, including—
“(A) the final rates;
“(B) the methodologies used to determine such rates; and
“(C) justifications for the rates; and
“(2) an explanation of the process used by the State to allow providers, beneficiaries and their representatives, and other concerned State residents a reasonable opportunity to review and comment on such rates, methodologies, and justifications before the State made such rates final.”.
(1) STUDY.—The Comptroller General of the United States shall conduct a study regarding federal payments made to the State Medicaid programs under title XIX of the Social Security Act for the purposes of making recommendations to Congress.
(2) REPORT.—Not later than February 15, 2011, the Comptroller General shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1) and the effect on the federal government, States, providers, and beneficiaries of—
(A) removing the 50 percent floor, or 83 percent ceiling, or both, in the Federal medical assistance percentage under section 1905(b)(1) of the Social Security Act; and
(B) revising the current formula for such Federal medical assistance percentage to better reflect State fiscal capacity and State effort to pay for health and long-term care services and to better adjust for national or regional economic downturns.
(b) GAO Study on Medicaid Administrative Costs..—
(1) STUDY.—The Comptroller General of the United States shall conduct a study of the administration of the Medicaid program by the Department of Health and Human Services, State Medicaid agencies, and local government agencies. The report shall address the following issues:
(A) The extent to which federal funds for each administrative function, such as survey and certification and claims processing, are being used effectively and efficiently.
(B) The administrative functions on which federal Medicaid funds are expended and the amounts of such expenditures (whether spent directly or by contract).
(2) REPORT.—Not later than February 15, 2011, the Comptroller General shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1).
Effective as if included in the enactment of section 6051 of the Deficit Reduction Act of 2005 (Public Law 109–171), subsection (b)(2)(A) of such section is amended by striking “October 1, 2009” and inserting “October 1, 2010”.
Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended—
(1) in subsection (a)(3), by striking “first calendar quarter” and inserting “first 3 calendar quarters”;
(2) in subsection (b)(2), by inserting before the period at the end the following: “and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010”;
(3) in subsection (c)(4)(C)(ii), by striking “December 2009” and “January 2010” and inserting “June 2010” and “July 2010”, respectively;
(4) in subsection (d), by inserting “ending before October 1, 2010” after “entire fiscal years” and after “with respect to fiscal years”;
(5) in subsection (g)(1), by striking “September 30, 2011” and inserting “December 31, 2011”; and
(6) in subsection (h)(3), by striking “December 31, 2010” and inserting “June 30, 2011”.
(a) Medicaid non-payment for certain health care-acquired conditions.—Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended—
(1) by striking “or” at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting “; or”; and
(3) by inserting after paragraph (24) the following new paragraph:
“(25) with respect to amounts expended for services related to the presence of a condition that could be identified by a secondary diagnostic code described in section 1886(d)(4)(D)(iv) and for any health care acquired condition determined as a non-covered service under title XVIII.”.
(b) Application to CHIP.—Section 2107(e)(1)(G) of such Act (42 U.S.C. 1397gg(e)(1)(G)) is amended by striking “and (17)” and inserting “(17), and (25)”.
(c) Permission to include additional health care-acquired conditions.—Nothing in this section shall prevent a State from including additional health care-acquired conditions for non-payment in its Medicaid program under title XIX of the Social Security Act.
(d) Effective date.—The amendments made by this section shall apply to discharges occurring on or after January 1, 2010.
Section 1936(c)(2)) of the Social Security Act (42 U.S.C. 1396u–7(c)(2)) is amended—
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new subparagraph:
“(D) For the contract year beginning in 2011 and each subsequent contract year, the entity provides assurances to the satisfaction of the Secretary that the entity will conduct periodic evaluations of the effectiveness of the activities carried out by such entity under the Program and will submit to the Secretary an annual report on such activities.”.
Section 1902(a) of such Act (42 U.S.C. 42 U.S.C. 1396a(a)), as amended by sections 1631(b)(1), 1703, and 1729, is further amended—
(1) in paragraph (75), by striking at the end “and”;
(2) in paragraph (76), by striking at the end the period and inserting “; and”; and
(3) by inserting after paragraph (76) the following new paragraph:
“(77) provide that any provider or supplier (other than a physician or nursing facility) providing services under such plan shall, subject to paragraph (5) of section 1874(d), establish a compliance program described in paragraph (1) of such section in accordance with such section.”.
(a) In general.—Section 1903(d)(2)(C) of the Social Security Act (42 U.S.C. 1396b(d)(2)(C)) is amended—
(1) in the first sentence, by inserting “(or of 1 year in the case of overpayments due to fraud)” after “60 days”; and
(2) in the second sentence, by striking “the 60 days” and inserting “such period”.
(b) Effective date.—The amendments made by subsection (a) shall apply in the case of overpayments discovered on or after the date of the enactment of this Act.
(a) Minimum medical loss ratio.—
(1) MEDICAID.—Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)), as amended by section 1743(a)(3), is amended—
(A) by striking “and” at the end of clause (xii);
(B) by striking the period at the end of clause (xiii) and inserting “; and”; and
(C) by adding at the end the following new clause:
“(xiv) such contract has a medical loss ratio, as determined in accordance with a methodology specified by the Secretary that is a percentage (not less than 85 percent) as specified by the Secretary.”.
(2) CHIP.—Section 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) is amended—
(A) by redesignating subparagraphs (H) through (L) as subparagraphs (I) through (M); and
(B) by inserting after subparagraph (G) the following new subparagraph:
“(H) Section 1903(m)(2)(A)(xiv) (relating to application of minimum loss ratios), with respect to comparable contracts under this title.”.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to contracts entered into or renewed on or after July 1, 2010.
(1) IN GENERAL.—Section 1903(m)(2)(A)(xi) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)(xi)) is amended by inserting “and for the provision of such data to the State at a frequency and level of detail to be specified by the Secretary” after “patients”.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply with respect to contract years beginning on or after January 1, 2010.
(a) State plan requirement.—Section 1902(a)(39) of the Social Security Act (42 U.S.C. 42 U.S.C. 1396a(a)) is amended by inserting after “1128A,” the following: “terminate the participation of any individual or entity in such program if (subject to such exceptions are permitted with respect to exclusion under sections 1128(b)(3)(C) and 1128(d)(3)(B)) participation of such individual or entity is terminated under title XVIII, any other State plan under this title, or any child health plan under title XXI,”.
(b) Application to CHIP.—Section 2107(e)(1)(A) of such Act (42 U.S.C. 1397gg(e)(1)(A)) is amended by inserting before the period at the end the following: “and section 1902(a)(39) (relating to exclusion and termination of participation)”.
(c) Effective date.—Except as provided in section 1790, the amendments made by this section shall apply to services furnished on or after January 1, 2011, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
(a) State plan requirement.—Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 1631(b)(1), 1703(a), 1729, and 1753, is further amended—
(1) in paragraph (76), by striking at the end “and”;
(2) in paragraph (77), by striking at the end the period and inserting “; and”; and
(3) by inserting after paragraph (77) the following new paragraph:
“(78) provide that the State agency described in paragraph (9) exclude, with respect to a period, any individual or entity from participation in the program under the State plan if such individual or entity owns, controls, or manages an entity that (or if such entity is owned, controlled, or managed by an individual or entity that)—
“(A) has unpaid overpayments under this title during such period determined by the Secretary or the State agency to be delinquent;
“(B) is suspended or excluded from participation under or whose participation is terminated under this title during such period; or
“(C) is affiliated with an individual or entity that has been suspended or excluded from participation under this title or whose participation is terminated under this title during such period.”.
(b) Child health plan requirement.—Section 2107(e)(1)(A) of such Act (42 U.S.C. 1397gg(e)(1)(A)), as amended by section 1756(b), is amended by striking “section 1902(a)(39)” and inserting “sections 1902(a)(39) and 1902(a)(78)”.
(c) Effective date.—Except as provided in section 1790, the amendments made by this section shall apply to services furnished on or after January 1, 2011, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
Section 1903(r)(1)(F) of the Social Security Act (42 U.S.C. 1396b(r)(1)(F)) is amended by inserting after “necessary” the following: “and including, for data submitted to the Secretary on or after July 1, 2010, data elements from the automated data system that the Secretary determines to be necessary for detection of waste, fraud, and abuse”.
(a) In general.—Section 1902(a) of the Social Security Act (42 U.S.C. 42 U.S.C. 1396a(a)), as amended by sections 1631(b), 1703(a), 1729, 1753, and 1757(a), is further amended—
(1) in paragraph (77); by striking at the end “and”;
(2) in paragraph (78), by striking the period at the end and inserting “and”; and
(3) by inserting after paragraph (78) the following new paragraph:
“(79) provide that any agent, clearinghouse, or other alternate payee that submits claims on behalf of a health care provider must register with the State and the Secretary in a form and manner specified by the Secretary under section 1866(j)(1)(D).”.
(b) Denial of payment.—Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as amended by section 1751, is amended—
(1) by striking “or” at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and inserting “; or”; and
(3) by inserting after paragraph (25) the following new paragraph:
“(26) with respect to any amount paid to a billing agent, clearinghouse, or other alternate payee that is not registered with the State and the Secretary as required under section 1902(a)(79).”.
(c) Effective date.—Except as provided in section 1790, the amendments made by this section shall apply to claims submitted on or after January 1, 2012, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
(a) In general.—Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by sections 1751(a) and 1759(b), is amended—
(1) by striking “or” at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and inserting “; or”; and
(3) by inserting after paragraph (26) the following new paragraph:
“(27) with respect to any amount expended—
“(A) on litigation in which a court imposes sanctions on the State, its employees, or its counsel for litigation-related misconduct; or
“(B) to reimburse (or otherwise compensate) a managed care entity for payment of legal expenses associated with any action in which a court imposes sanctions on the managed care entity for litigation-related misconduct.”.
(b) Effective date.—The amendments made by subsection (a) shall apply to amounts expended on or after January 1, 2010.
Section 1903(r) of the Social Security Act (42 U.S.C. 1396b(r)) is amended—
(A) in clause (ii), by striking “and” at the end;
(B) in clause (iii), by adding “and” at the end; and
(C) by adding at the end the following new clause:
“(iv) effective for claims filed on or after October 1, 2010, incorporate compatible methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) and such other methodologies of that Initiative (or such other national correct coding methodologies) as the Secretary identifies in accordance with paragraph (4);”; and
(2) by adding at the end the following new paragraph:
“(4) Not later than September 1, 2010, the Secretary shall do the following:
“(A) Identify those methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) which are compatible to claims filed under this title.
“(B) Identify those methodologies of such Initiative (or such other national correct coding methodologies) that should be incorporated into claims filed under this title with respect to items or services for which States provide medical assistance under this title and no national correct coding methodologies have been established under such Initiative with respect to title XVIII.
“(i) the methodologies identified under subparagraphs (A) and (B) (and of any other national correct coding methodologies identified under subparagraph (B)); and
“(ii) how States are to incorporate such methodologies into claims filed under this title.
“(D) Submit a report to Congress that includes the notice to States under subparagraph (C) and an analysis supporting the identification of the methodologies made under subparagraphs (A) and (B).”.
(a) Increase in cap.—Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended—
(1) in subsection (f), by striking “subsection (g)” and inserting “subsections (g) and (h)”;
(2) in subsection (g)(1), by striking “With respect to” and inserting “Subject to subsection (h), with respect to”; and
(3) by adding at the end the following new subsection: “(h) Additional increase for fiscal years 2011 through 2019.—Subject to section 347(b)(1) of the Affordable Health Care for America Act, with respect to fiscal years 2011 through 2019, the amounts otherwise determined under subsections (f) and (g) for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands and American Samoa shall be increased by the following amounts: “(1) For Puerto Rico, for fiscal year 2011, $727,600,000; for fiscal year 2012, $775,000,000; for fiscal year 2013, $850,000,000; for fiscal year 2014, $925,000,000; for fiscal year 2015, $1,000,000,000; for fiscal year 2016, $1,075,000,000; for fiscal year 2017, $1,150,000,000; for fiscal year 2018, $1,225,000,000; and for fiscal year 2019, $1,396,400,000. “(2) For the Virgin Islands, for fiscal year 2011, $34,000,000; for fiscal year 2012, $37,000,000; for fiscal year 2013, $40,000,000; for fiscal year 2014, $43,000,000; for fiscal year 2015, $46,000,000; for fiscal year 2016, $49,000,000; for fiscal year 2017, $52,000,000; for fiscal year 2018, $55,000,000; and for fiscal year 2019, $58,000,000. “(3) For Guam, for fiscal year 2011, $34,000,000; for fiscal year 2012, $37,000,000; for fiscal year 2013, $40,000,000; for fiscal year 2014, $43,000,000; for fiscal year 2015, $46,000,000; for fiscal year 2016, $49,000,000; for fiscal year 2017, $52,000,000; for fiscal year 2018, $55,000,000; and for fiscal year 2019, $58,000,000. “(4) For the Northern Mariana Islands, for fiscal year 2011, $13,500,000; fiscal year 2012, $14,500,000; for fiscal year 2013, $15,500,000; for fiscal year 2014, $16,500,000; for fiscal year 2015, $17,500,000; for fiscal year 2016, $18,500,000; for fiscal year 2017, $19,500,000; for fiscal year 2018, $21,000,000; and for fiscal year 2019, $22,000,000. “(5) For American Samoa, fiscal year 2011, $22,000,000; fiscal year 2012, $23,687,500; for fiscal year 2013, $24,687,500; for fiscal year 2014, $25,687,500; for fiscal year 2015, $26,687,500; for fiscal year 2016, $27,687,500; for fiscal year 2017, $28,687,500; for fiscal year 2018, $29,687,500; and for fiscal year 2019, $30,687,500.”.
(b) Report on achieving Medicaid parity payments beginning with fiscal year 2020.—
(1) IN GENERAL.—Not later than October 1, 2013, the Secretary of Health and Human Services shall submit to Congress a report that details a plan for the transition of each territory to full parity in Medicaid with the 50 States and the District of Columbia in fiscal year 2020 by modifying their existing Medicaid programs and outlining actions the Secretary and the governments of each territory must take by fiscal year 2020 to ensure parity in financing. Such report shall include what the Federal medical assistance percentages would be for each territory if the formula applicable to the 50 States were applied. Such report shall also include any recommendations that the Secretary may have as to whether the mandatory ceiling amounts for each territory provided for in section 1108 of the Social Security Act (42 U.S.C. 1308) should be increased any time before fiscal year 2020 due to any factors that the Secretary deems relevant.
(2) PER CAPITA DATA.—As part of such report the Secretary shall include information about per capita income data that could be used to calculate Federal medical assistance percentages under section 1905(b) of the Social Security Act, under section 1108(a)(8)(B) of such Act, for each territory on how such data differ from the per capita income data used to promulgate Federal medical assistance percentages for the 50 States. The report under this subsection shall include recommendations on how the Federal medical assistance percentages can be calculated for the territories beginning in fiscal year 2020 to ensure parity with the 50 States.
(3) SUBSEQUENT REPORTS.—The Secretary shall submit subsequent reports to Congress in 2015, 2017, and 2019 detailing the progress that the Secretary and the governments of each territory have made in fulfilling the actions outlined in the plan submitted under paragraph (1).
(c) Application of FMAP for additional funds.—Section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by adding at the end the following sentence: “Notwithstanding the first sentence of this subsection and any other provision of law, for fiscal years 2011 through 2019, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be the highest Federal medical assistance percentage applicable to any of the 50 States or the District of Columbia for the fiscal year involved, taking into account the application of subsections (a) and (b)(1) of section 5001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) to such States and the District for calendar quarters during such fiscal years for which such subsections apply.”.
(1) IN GENERAL.—Section 1902(j) of the Social Security Act (42 U.S.C. 1396a(j)) is amended—
(A) by striking “American Samoa and the Northern Mariana Islands” and inserting “Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa”; and
(B) by striking “American Samoa or the Northern Mariana Islands” and inserting “Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa”.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply beginning with fiscal year 2011.
(e) Technical assistance.—The Secretary shall provide nonmonetary technical assistance to the governments of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa in upgrading their existing computer systems in order to anticipate meeting reporting requirements necessary to implement the plan contained in the report under subsection (b)(1).
(a) Technical correction to section 1144 of the Social Security Act.—The first sentence of section 1144(c)(3) of the Social Security Act (42 U.S.C. 1320b—14(c)(3)) is amended—
(1) by striking “transmittal”; and
(2) by inserting before the period the following: “as specified in section 1935(a)(4)”.
(b) Clarifying amendment to section 1935 of the Social Security Act.—Section 1935(a)(4) of the Social Security Act (42 U.S.C. 1396u—5(a)(4)), as amended by section 113(b) of Public Law 110–275, is amended—
(1) by striking the second sentence;
(2) by redesignating the first sentence as a subparagraph (A) with appropriate indentation and with the following heading: “In general.—”;
(3) by adding at the end the following subparagraphs:
“(B) FURNISHING MEDICAL ASSISTANCE WITH REASONABLE PROMPTNESS.—For the purpose of a State’s obligation under section 1902(a)(8) to furnish medical assistance with reasonable promptness, the date of the electronic transmission of low-income subsidy program data, as described in section 1144(c), from the Commissioner of Social Security to the State Medicaid Agency, shall constitute the date of filing of such application for benefits under the Medicare Savings Program.
“(C) DETERMINING AVAILABILITY OF MEDICAL ASSISTANCE.—For the purpose of determining when medical assistance will be made available, the State shall consider the date of the individual’s application for the low income subsidy program to constitute the date of filing for benefits under the Medicare Savings Program.”.
(c) Effective date relating to Medicaid agency consideration of low-income subsidy application and data transmittal.—The amendments made by subsections (a) and (b) shall be effective as if included in the enactment of section 113(b) of Public Law 110–275.
(d) Technical correction to section 605 of CHIPRA.—Section 605 of the Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111–3) is amended by striking “legal residents” and inserting “lawfully residing in the United States”.
(e) Technical correction to section 1905 of the Social Security Act.—Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting “or the care and services themselves, or both” before “(if provided in or after”.
(f) Clarifying amendment to section 1115 of the Social Security Act.—Section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) is amended by adding at the end the following: “If an experimental, pilot, or demonstration project that relates to title XIX is approved pursuant to any part of this subsection, such project shall be treated as part of the State plan, all medical assistance provided on behalf of any individuals affected by such project shall be medical assistance provided under the State plan, and all provisions of this Act not explicitly waived in approving such project shall remain fully applicable to all individuals receiving benefits under the State plan.”.
(a) In general.—Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 1396b(a)(10)(E)(iv)) is amended—
(1) by striking “sections 1933 and” and by inserting “section”; and
(2) by striking “December 2010” and inserting “December 2012”.
(b) Elimination of funding limitation.—
(1) IN GENERAL.—Section 1933 of such Act (42 U.S.C. 1396u–3) is amended—
(A) in subsection (a), by striking “who are selected to receive such assistance under subsection (b)”;
(B) by striking subsections (b), (c), (e), and (g);
(C) in subsection (d), by striking “furnished in a State” and all that follows and inserting “the Federal medical assistance percentage shall be equal to 100 percent.”; and
(D) by redesignating subsections (d) and (f) as subsections (b) and (c), respectively.
(2) CONFORMING AMENDMENT.—Section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by striking “1933(d)” and inserting “1933(b)”.
(3) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2011.
(a) In General.—Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 1631(b), 1703(a), 1729, 1753, 1757(a), 1759(a), and 1907(b), is amended—
(1) by striking “and” at the end of paragraph (79);
(2) by striking the period at the end of paragraph (80) and inserting “; and”; and
(3) by inserting after paragraph (80) the following new paragraph:
“(81) provide that the State will establish and maintain laws, in accordance with the requirements of section 1921A, to require disclosure of information on hospital charges and quality and to make such information available to the public and the Secretary.”; and
(4) by inserting after section 1921 the following new section:
“Hospital price transparency
“Sec. 1921A. (a) In General.—The requirements referred to in section 1902(a)(81) are that the laws of a State must—
“(1) require reporting to the State (or its agent) by each hospital located therein, of information on,—
“(A) the charges for the most common inpatient and outpatient hospital services;
“(B) the Medicare and Medicaid reimbursement amount for such services; and
“(C) if the hospitals allows for or provides reduced charges for individuals based on financial need, the factors considered in making determinations for reductions in charges, including any formula for such determination and the contact information for the specific department of a hospital that responds to such inquiries;
“(2) provide for notice to individuals seeking or requiring such services of the availability of information on charges described in paragraph (1);
“(3) provide for timely access to such information, including at least through an Internet website, by individuals seeking or requiring such services; and
“(4) provide for timely access to information regarding the quality of care at each hospital made publicly available in accordance with section 501 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173), section 1139A, or section 1139B.
The Secretary shall consult with stakeholders (including those entities in section 1808(d)(6) and the National Governors Association) through a formal process to obtain guidance prior to issuing implementing policies under this section.(b) Effective Date; administration.—
(1) IN GENERAL.—Except as provided in paragraphs (2)(B) and section 1790, the amendments made by subsection (a) shall take effect on October 1, 2010.
(A) IN GENERAL.—The Secretary of Health and Human Services shall establish a process by which a State with an existing program may certify to the Secretary that its program satisfies the requirements of section 1921A of the Social Security Act, as inserted by subsection (a).
(B) 2-YEAR PERIOD TO BECOME IN COMPLIANCE.—States that, as of the date of the enactment of this Act, administer hospital price transparency policies that do not meet such requirements shall have 2 years from such date to make necessary modifications to come into compliance and shall not be regarded as failing to comply with such requirements during such 2-year period.
(a) Report on nursing facility payment policies.—Section 1900(b) of the Social Security Act (42 U.S.C. 1396(b)) is amended by adding at the end the following new paragraph:
“(10) REPORTS ON SPECIAL TOPICS ON PAYMENT POLICIES.—
“(A) NURSING FACILITY PAYMENT POLICIES.—Not later than January 1, 2012, the Commission shall submit to Congress a report on nursing facility payment policies under Medicaid that includes—
“(i) information on the difference between the amount paid by each State to nursing facilities in such State under the Medicaid program under this title and the cost to such facilities of providing efficient quality care to Medicaid eligible individuals;
“(ii) an evaluation of patient outcomes and quality as a result of the supplemental payments under section 1745(b) of the Affordable Health Care for America Act; and
“(iii) whether adjustments should be made under the Medicaid program to the rates that States pay skilled nursing facilities to ensure that such rates are sufficient to provide efficient quality care to Medicaid eligible individuals.”.
(b) Pediatric subspecialist payment policies.—Section 1900(b)(10) of the Social Security Act, as added by subsection (a) is amended by adding at the end the following new subparagraph:
“(B) PEDIATRIC SUBSPECIALIST PAYMENT POLICIES.—Not later than January 1, 2011, the Commission shall submit to Congress a report on payment policies for pediatric subspecialist services under Medicaid that includes—
“(i) a comprehensive review of each State’s Medicaid payment rates for inpatient and outpatient pediatric speciality services;
“(ii) a comparison, on a State-by-State basis, of the rates under clause (i) to Medicare payments for similar services;
“(iii) information on any limitations in patient access to pediatric speciality care, such as delays in receiving care or wait times for receiving care;
“(iv) an analysis of the extent to which low Medicaid payment rates in any State contributes to limits in access to pediatric subspecialty services in such State; and
“(v) recommendations to ameliorate any problems found with such payment rates or with access to such services.”.
(1) COMMISSION STATUS.—Section 1900(a) of the Social Security Act is amended by inserting “as an agency of Congress” after “established”.
(2) EXPANSION OF SCOPE.—Section 1900(b)(1)(A) of the Social Security Act is amended by striking “children’s access” and inserting “access by low-income children and other eligible individuals”.
(3) CHANGE IN REPORT DEADLINES.—Subparagraphs (C) and (D) of section 1900(b)(1) of such Act are amended by striking “2010” and inserting “2011” each place it appears.
(4) REPORT IN HEALTH REFORM.—Section 1900(b)(2) of such Act is amended—
(A) in subparagraph (A)(i), by striking “skilled”;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B); and
(D) by adding at the end the following new subparagraph:
“(C) IMPLEMENTATION OF HEALTH REFORM.—The implementation of the provisions of the Affordable Health Care for America Act that relate to Medicaid or CHIP by the Secretary, the Health Choices Commissioner, and the States, including the effect of such implementation on the access to needed health care items and services by low-income individuals and families.”.
(5) CLARIFICATION OF MEMBERSHIP.—Section 1900(c)(2)(B) of such Act is amended by striking “consumers” and inserting “individuals”.
(6) AUTHORIZATION OF APPROPRIATIONS.—
(A) CURRENT AUTHORIZATION.—Section 1900(f)(2) of such Act is amended—
(i) in the heading, by inserting “of appropriations prior to 2010” after “Authorization”; and
(ii) by striking “There are” and inserting “Prior to January 1, 2010, there are”
(B) FUTURE AUTHORIZATION.—Section 1900(f) of such Act is further amended by adding at the end the following new paragraph: after the period the following:
“(3) AUTHORIZATION OF APPROPRIATIONS FOR 2010.—Beginning on January 1, 2010, there is authorized to be appropriated $11,800,000 to carry out the provisions of this section. Such funds shall remain available until expended.”.
(a) In general.—Not later than 12 months after date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance regarding standards and best practices for conducting outreach to inform eligible individuals about healthcare coverage under Medicaid under title XIX of the Social Security Act or for child health assistance under CHIP under title XXI of such Act, providing assistance to such individuals for enrollment in applicable programs, and establishing methods or procedures for eliminating application and enrollment barriers. Such guidance shall include provisions to ensure that outreach, enrollment assistance, and administrative simplification efforts are targeted specifically to vulnerable populations such as children, unaccompanied homeless youth, victims of abuse or trauma, individuals with mental health or substance related disorders, and individuals with HIV/AIDS. Guidance issued pursuant to this section relating to methods to increase outreach and enrollment provided for under titles XIX and XXI of the Social Security Act shall specifically target such vulnerable and underserved populations and shall include, but not be limited to, guidance on outstationing of eligibility workers, express lane eligibility, residence requirements, documentation of income and assets, presumptive eligibility, continuous eligibility, and automatic renewal.
(b) Implementation.—In implementing the requirements under subsection (a), the Secretary may use such authorities as are available under law and may work with such entities as the Secretary deems appropriate to facilitate effective implementation of such programs. Not later than 2 years after the enactment of this Act and annually thereafter, the Secretary shall review and report to Congress on progress in implementing targeted outreach, application and enrollment assistance, and administrative simplification methods for such vulnerable and underserved populations as are specified in subsection (a).
Nothing in this title shall change current prohibitions against Federal Medicaid and CHIP payments under titles XIX and XXI of the Social Security Act on behalf of individuals who are not lawfully present in the United States.
(a) Authority To conduct demonstration project.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish a demonstration project under which an eligible State (as described in subsection (c)) shall provide reimbursement under the State Medicaid plan under title XIX of the Social Security Act to an institution for mental diseases that is subject to the requirements of section 1867 of the Social Security Act (42 U.S.C. 1395dd) for the provision of medical assistance available under such plan to an individual who—
(1) has attained age 21, but has not attained age 65;
(2) is eligible for medical assistance under such plan; and
(3) requires such medical assistance to stabilize an emergency medical condition.
(b) In-stay review.—The Secretary shall establish a mechanism for in-stay review to determine whether or not the patient has been stabilized (as defined in subsection (h)(5)). This mechanism shall commence before the third day of the inpatient stay. States participating in the demonstration project may manage the provision of these benefits under the project through utilization review, authorization, or management practices, or the application of medical necessity and appropriateness criteria applicable to behavioral health.
(1) APPLICATION.—Upon approval of an application submitted by a State described in paragraph (2), the State shall be an eligible State for purposes of conducting a demonstration project under this section.
(2) STATE DESCRIBED.—States shall be selected by the Secretary in a manner so as to provide geographic diversity on the basis of the application to conduct a demonstration project under this section submitted by such States.
(d) Length of demonstration project.—The demonstration project established under this section shall be conducted for a period of 3 consecutive years.
(e) Limitations on federal funding.—
(A) IN GENERAL.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $75,000,000 for fiscal year 2010.
(B) BUDGET AUTHORITY.—Subparagraph (A) constitutes budget authority in advance of appropriations Act and represents the obligation of the Federal Government to provide for the payment of the amounts appropriated under that subparagraph.
(2) 3-YEAR AVAILABILITY.—Funds appropriated under paragraph (1) shall remain available for obligation through December 31, 2012.
(3) LIMITATION ON PAYMENTS.—In no case may—
(A) the aggregate amount of payments made by the Secretary to eligible States under this section exceed $75,000,000; or
(B) payments be provided by the Secretary under this section after December 31, 2012.
(4) FUNDS ALLOCATED TO STATES.—The Secretary shall allocate funds to eligible States based on their applications and the availability of funds.
(5) PAYMENTS TO STATES.—The Secretary shall pay to each eligible State, from its allocation under paragraph (4), an amount each quarter equal to the Federal medical assistance percentage of expenditures in the quarter for medical assistance described in subsection (a).
(1) ANNUAL PROGRESS REPORTS.—The Secretary shall submit annual reports to Congress on the progress of the demonstration project conducted under this section.
(2) FINAL REPORT AND RECOMMENDATION.—An evaluation shall be conducted of the demonstration project’s impact on the functioning of the health and mental health service system and on individuals enrolled in the Medicaid program. This evaluation shall include collection of baseline data for one-year prior to the initiation of the demonstration project as well as collection of data from matched comparison states not participating in the demonstration. The evaluation measures shall include the following:
(A) A determination, by State, as to whether the demonstration project resulted in increased access to inpatient mental health services under the Medicaid program and whether average length of stays were longer (or shorter) for individuals admitted under the demonstration project compared with individuals otherwise admitted in comparison sites.
(B) An analysis, by State, regarding whether the demonstration project produced a significant reduction in emergency room visits for individuals eligible for assistance under the Medicaid program or in the duration of emergency room lengths of stay.
(C) An assessment of discharge planning by participating hospitals that ensures access to further (non-emergency) inpatient or residential care as well as continuity of care for those discharged to outpatient care.
(D) An assessment of the impact of the demonstration project on the costs of the full range of mental health services (including inpatient, emergency and ambulatory care) under the plan as contrasted with the comparison areas.
(E) Data on the percentage of consumers with Medicaid coverage who are admitted to inpatient facilities as a result of the demonstration project as compared to those admitted to these same facilities through other means.
(F) A recommendation regarding whether the demonstration project should be continued after December 31, 2012, and expanded on a national basis.
(1) IN GENERAL.—The Secretary shall waive the limitation of subdivision (B) following paragraph (28) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) (relating to limitations on payments for care or services for individuals under 65 years of age who are patients in an institution for mental diseases) for purposes of carrying out the demonstration project under this section.
(2) LIMITED OTHER WAIVER AUTHORITY.—The Secretary may waive other requirements of title XIX of the Social Security Act (including the requirements of sections 1902(a)(1) (relating to statewideness) and 1902(1)(10)(B) (relating to comparability)) only to extent necessary to carry out the demonstration project under this section.
(h) Definitions.—In this section:
(1) EMERGENCY MEDICAL CONDITION.—The term “emergency medical condition” means, with respect to an individual, an individual who expresses suicidal or homicidal thoughts or gestures, if determined dangerous to self or others.
(2) FEDERAL MEDICAL ASSISTANCE PERCENTAGE.—The term “Federal medical assistance percentage” has the meaning given that term with respect to a State under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)).
(3) INSTITUTION FOR MENTAL DISEASES.—The term “institution for mental diseases” has the meaning given to that term in section 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)).
(4) MEDICAL ASSISTANCE.—The term “medical assistance” has the meaning given to that term in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)).
(5) STABILIZED.—The term “stabilized” means, with respect to an individual, that the emergency medical condition no longer exists with respect to the individual and the individual is no longer dangerous to self or others.
(6) STATE.—The term “State” has the meaning given that term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w–1(b)(1)) is amended by striking “from the Fund” and all that follows and inserting “from the Fund, only such amounts as may be appropriated or otherwise made available by law.”.
Section 1903(b)(4) of the Social Security Act (42 U.S.C. 1396b(b)(4)) is amended—
(1) in the matter before subparagraph (A), by inserting after “respect to the broker” the following: “(or, in the case of subparagraph (A) and subparagraph (B)(i), if the Inspector General of Department of Health and Human Services finds that the broker has established and maintains procedures to ensure the independence of its enrollment activities from the interests of any managed care entity or provider)”; and
(A) by inserting “(i)” after “either”; and
(B) by inserting “(ii)” after “health care provider or”.
In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet an additional requirement imposed by an amendment made by this title, the State plan shall not be regarded as failing to comply with the requirements of such title XIX solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.