S.Amdt. 2390Senate109th Congress (2005-2007)

To provide for a demonstration project regarding medicaid coverage of low-income HIV-infected individuals.

What it does: Adds SEC. 6037. DEMONSTRATION PROJECT REGARDING MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS on page 188, line 24
Submitted November 2, 2005

What it changes

1 change to S. 1932

Adds a section
  1. Adds SEC. 6037. DEMONSTRATION PROJECT REGARDING MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS on page 188, line 24

    Adds a sectionPrinted page

    Inserted: SEC. 6037. DEMONSTRATION PROJECT REGARDING MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS.

    Inserted: (a) Requirement To Conduct Demonstration Project.--

    Inserted: (1) In general.--The Secretary shall establish a demonstration project under which a State may apply under section 1115 of the Social Security Act (42 U.S.C. 1315) to provide medical assistance under a State medicaid program to HIV-infected individuals described in subsection (b) in accordance with the provisions of this section.

    Inserted: (2) Limitation on number of approved applications.--The Secretary shall only approve as many State applications to provide medical assistance in accordance with this section as will not exceed the limitation on aggregate payments under subsection (d)(2)(A).

    Inserted: (3) Authority to waive restrictions on payments to territories.--The Secretary shall waive the limitations on payment under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) in the case of a State that is subject to such limitations and submits an approved application to provide medical assistance in accordance with this section.

    Inserted: (b) HIV-Infected Individuals Described.--For purposes of subsection (a), HIV-infected individuals described in this subsection are individuals who are not described in section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))--

    Inserted: (1) who have HIV infection;

    Inserted: (2) whose income (as determined under the State Medicaid plan with respect to disabled individuals) does not exceed 200 percent of the poverty line (as defined in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)); and

    Inserted: (3) whose resources (as determined under the State Medicaid plan with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in section 1902(a)(10)(A)(i) of such Act may have and obtain medical assistance under such plan.

    Inserted: (c) Length of Period for Provision of Medical Assistance.--A State shall not be approved to provide medical assistance to an HIV-infected individual in accordance with the demonstration project established under this section for a period of more than 5 consecutive years.

    Inserted: (d) Limitations on Federal Funding.--

    Inserted: (1) Appropriation.--

    Show 13 more inserted paragraphs

    Inserted: (A) In general.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $450,000,000 for the period of fiscal years 2006 through 2010.

    Inserted: (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.

    Inserted: (2) Limitation on payments.--In no case may--

    Inserted: (A) the aggregate amount of payments made by the Secretary to eligible States under this section exceed $450,000,000; or

    Inserted: (B) payments be provided by the Secretary under this section after September 30, 2010.

    Inserted: (3) Funds allocated to states.--The Secretary shall allocate funds to States with approved applications under this section based on their applications and the availability of funds.

    Inserted: (4) Payments to states.--The Secretary shall pay to each State, from its allocation under paragraph (3), an amount each quarter equal to the enhanced Federal medical assistance percentage described in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of expenditures in the quarter for medical assistance provided to HIV-infected individuals who are eligible for such assistance under a State Medicaid program in accordance with the demonstration project established under this section.

    Inserted: (e) Evaluation and Report.--

    Inserted: (1) Evaluation.--The Secretary shall conduct an evaluation of the demonstration project established under this section. Such evaluation shall include an analysis of the cost-effectiveness of the project and the impact of the project on the Medicare, Medicaid, and Supplemental Security Income programs established under titles XVIII, XIX, and XVI, respectively, of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., 1381 et seq.).

    Inserted: (2) Report to congress.--Not later than December 31, 2010, the Secretary shall submit a report to Congress on the results of the evaluation of the demonstration project established under this section.

    Inserted: (f) Effective Date.--This section shall take effect on January 1, 2006.

    Inserted: SEC. 6038. ADDITIONAL INCREASE IN REBATE FOR SINGLE SOURCE AND INNOVATOR MULTIPLE SOURCE DRUGS.

    Inserted: Section 1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r-8(c)(1)(B)(i)(VI)), as added by section 6002(a)(3), is amended by striking "17" and inserting "17.8".

    Original wording

    On page 188, after line 24, add the following:

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As printed

On page 188, after line 24, add the following:

SEC. 6037. DEMONSTRATION PROJECT REGARDING MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS.

(a) Requirement To Conduct Demonstration Project.--

(1) In general.--The Secretary shall establish a demonstration project under which a State may apply under section 1115 of the Social Security Act (42 U.S.C. 1315) to provide medical assistance under a State medicaid program to HIV-infected individuals described in subsection (b) in accordance with the provisions of this section.

(2) Limitation on number of approved applications.--The Secretary shall only approve as many State applications to provide medical assistance in accordance with this section as will not exceed the limitation on aggregate payments under subsection (d)(2)(A).

(3) Authority to waive restrictions on payments to territories.--The Secretary shall waive the limitations on payment under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) in the case of a State that is subject to such limitations and submits an approved application to provide medical assistance in accordance with this section.

(b) HIV-Infected Individuals Described.--For purposes of subsection (a), HIV-infected individuals described in this subsection are individuals who are not described in section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))--

(1) who have HIV infection;

(2) whose income (as determined under the State Medicaid plan with respect to disabled individuals) does not exceed 200 percent of the poverty line (as defined in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)); and

(3) whose resources (as determined under the State Medicaid plan with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in section 1902(a)(10)(A)(i) of such Act may have and obtain medical assistance under such plan.

(c) Length of Period for Provision of Medical Assistance.--A State shall not be approved to provide medical assistance to an HIV-infected individual in accordance with the demonstration project established under this section for a period of more than 5 consecutive years.

(d) Limitations on Federal Funding.--

(1) Appropriation.--

(A) In general.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $450,000,000 for the period of fiscal years 2006 through 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) Limitation on payments.--In no case may--

(A) the aggregate amount of payments made by the Secretary to eligible States under this section exceed $450,000,000; or

(B) payments be provided by the Secretary under this section after September 30, 2010.

(3) Funds allocated to states.--The Secretary shall allocate funds to States with approved applications under this section based on their applications and the availability of funds.

(4) Payments to states.--The Secretary shall pay to each State, from its allocation under paragraph (3), an amount each quarter equal to the enhanced Federal medical assistance percentage described in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of expenditures in the quarter for medical assistance provided to HIV-infected individuals who are eligible for such assistance under a State Medicaid program in accordance with the demonstration project established under this section.

(e) Evaluation and Report.--

(1) Evaluation.--The Secretary shall conduct an evaluation of the demonstration project established under this section. Such evaluation shall include an analysis of the cost-effectiveness of the project and the impact of the project on the Medicare, Medicaid, and Supplemental Security Income programs established under titles XVIII, XIX, and XVI, respectively, of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., 1381 et seq.).

(2) Report to congress.--Not later than December 31, 2010, the Secretary shall submit a report to Congress on the results of the evaluation of the demonstration project established under this section.

(f) Effective Date.--This section shall take effect on January 1, 2006.

SEC. 6038. ADDITIONAL INCREASE IN REBATE FOR SINGLE SOURCE AND INNOVATOR MULTIPLE SOURCE DRUGS.

Section 1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r-8(c)(1)(B)(i)(VI)), as added by section 6002(a)(3), is amended by striking “17” and inserting “17.8”.

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Senate amendment agreed to: Amendment SA 2390 agreed to in Senate by Voice Vote.

November 3, 2005

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Senate amendment agreed to: Amendment SA 2390 agreed to in Senate by Voice Vote.

November 3, 2005

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Senate amendment proposed (on the floor): Amendment SA 2390 proposed by Senator Smith.

November 3, 2005

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Amendment SA 2390 proposed by Senator Smith. (consideration: CR S12323; text: CR S12323) To provide for a demonstration project regarding medicaid coverage of low-income HIV-infected individuals.

November 3, 2005

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Amendment SA 2390 agreed to in Senate by Voice Vote.

November 3, 2005

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Senate amendment submitted

November 2, 2005