S.Amdt. 2397Senate109th Congress (2005-2007)

S.Amdt. 2397

What it does: Rewrites page 175, line 23 through page 181, line 4
Submitted November 2, 2005

What it changes

1 change to S. 1932

Replaces text

The Congressional Record cuts off the end of this amendment, so some changes may be missing.

  1. Rewrites page 175, line 23 through page 181, line 4

    ReplacesPrinted page

    Removes page 175, line 23 through page 181, line 4 of the printed bill. See that page

    Inserted: (a) Emergency Health Care Relief for Evacuees of Hurricane Katrina.--

    Inserted: (1) Definitions.--In this subsection:

    Inserted: (A) Affected state.--The term "affected State" means Louisiana, Alabama, or Mississippi.

    Inserted: (B) Disaster parishes and counties.--The term "Disaster parishes and counties" means a parish in the State of Louisiana, or a county in the State of Mississippi or Alabama, for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina and which the President has determined, before September 14, 2005, warrants individual and public assistance from the Federal Government under such Act.

    Inserted: (C) Evacuees of hurricane katrina.--The term "Evacuees of Hurricane Katrina" means individuals who had a primary residence in a Disaster parish or county for the 30-day period immediately prior to August 24, 2005.

    Inserted: (D) State medicaid plan.--The term "State Medicaid plan" means a State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including any medical assistance provided under a waiver of such plan.

    Inserted: (2) Authority to adjust federal matching payments for affected states.--

    Inserted: (A) Adjustment related to affected states.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on August 24, 2005, and ending on June 30, 2006, the Secretary may increase the Federal matching percentage otherwise applicable to an affected State under section 1903(a) of such Act (42 U.S.C. 1396b(a)) in order for such State to fund medical assistance consisting of medically necessary health care services and supplies, and associated administrative costs, for Evacuees of Hurricane Katrina present in the State who are determined eligible for temporary Medicaid eligibility status under a Hurricane Katrina Multistate demonstration waiver approved by the Secretary under section 1115 of the Social Security Act (42 U.S.C. 1315).

    Inserted: (B) Adjustments for affected state for obligations for care provided to evacuees of hurricane katrina by other states.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on August 24, 2005, and ending on June 30, 2006, if any affected State incurs an obligation for the State share of medical assistance for medically necessary services or supplies, and associated administrative costs, provided for Evacuees of Hurricane Katrina who are determined eligible for temporary Medicaid eligibility status under a Hurricane Katrina Multistate demonstration waiver approved under section 1115 of such Act for the affected State or another State, the Secretary may increase the Federal matching percentage otherwise applicable under section 1903(a) of such Act (42 U.S.C. 1396b(a)) to relieve such affected State from such obligation.

    Inserted: (3) Uncompensated care pools.--In the case of States with approved Hurricane Katrina Multistate demonstration waivers under section 1115 of the Social Security Act (42 U.S.C. 1315) that fund uncompensated health care, and associated administrative costs for Evacuees of Hurricane Katrina, the Secretary may provide reimbursement to such States for costs incurred during the period beginning on August 24, 2005, and ending on January 31, 2006, for--

    Inserted: (A) the cost of medically necessary health care services or supplies, and associated administrative costs provided for such Evacuees--

    Inserted: (i) who do not have health insurance coverage; or

    Show 11 more inserted paragraphs

    Inserted: (ii) who have been determined eligible for temporary Medicaid eligibility status under such a waiver but who receive medically necessary services or supplies that are not covered by the State Medicaid plan of the State in which such determination has been made; and

    Inserted: (B) monthly premium payments made directly to private health insurers on behalf of such Evacuees that have private health insurance coverage but are in need of financial assistance for the payment of such premiums.

    Inserted: (4) Community health center grants.--

    Inserted: (A) In general.--The Secretary may provide grants to existing health centers (within the meaning of section 330(a)(1) of the Public Health Service Act (42 U.S.C. 254b(a)(1)) located in Alabama, Arkansas, Georgia, Louisiana, Mississippi, and Texas for health care services provided to Evacuees of Hurricane Katrina.

    Inserted: (B) Preference.--In awarding grants under this paragraph, the Secretary shall give preference to health centers that are located in Disaster Parishes and Counties or which are serving a high percentage of Evacuees of Hurricane Katrina, as determined by the Secretary.

    Inserted: (5) Funding.--

    Inserted: (A) In general.--Not later than 10 days after the date of enactment of this Act, the Secretary of Homeland Security shall transfer from amounts provided to the Department of Homeland Security under the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising from the Consequences of Hurricane Katrina, 2005 (Public Law 109-62, 119 Stat 1990, 1991) and designated "Disaster Relief" to the Secretary of Health and Human Services--

    Inserted: (i) the amount the Secretary of Health and Human Services determines is necessary for the purpose of carrying out paragraph (2); and

    Inserted: (ii) an amount, not to exceed $800,000,000, the Secretary of Health and Human Services determines is necessary for the purpose of carrying out paragraphs (3) and (4).

    Inserted: (B) Availability of funds.--Funds provided under subparagraph (A)(ii) for purposes of carrying out paragraphs (3) and (4) shall remain available for use by the Secretary until October 1, 2006, after which time, the unexpended balance, if any, shall revert to the Federal Treasury.

    Inserted: (b) FMAP Adjustment.--Notwithstanding the first

    Original wording

    Beginning on page 175, strike line 23 and all that follows through page 181, line 4, and insert the following:

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As printed

SA 2397. Mr. SUNUNU submitted an amendment intended to be proposed by him to the bill S. 1932, to provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as follows:

Beginning on page 175, strike line 23 and all that follows through page 181, line 4, and insert the following:

(a) Emergency Health Care Relief for Evacuees of Hurricane Katrina.--

(1) Definitions.--In this subsection:

(A) Affected state.--The term “affected State” means Louisiana, Alabama, or Mississippi.

(B) Disaster parishes and counties.--The term “Disaster parishes and counties” means a parish in the State of Louisiana, or a county in the State of Mississippi or Alabama, for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Katrina and which the President has determined, before September 14, 2005, warrants individual and public assistance from the Federal Government under such Act.

(C) Evacuees of hurricane katrina.--The term “Evacuees of Hurricane Katrina” means individuals who had a primary residence in a Disaster parish or county for the 30-day period immediately prior to August 24, 2005.

(D) State medicaid plan.--The term “State Medicaid plan” means a State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including any medical assistance provided under a waiver of such plan.

(2) Authority to adjust federal matching payments for affected states.--

(A) Adjustment related to affected states.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on August 24, 2005, and ending on June 30, 2006, the Secretary may increase the Federal matching percentage otherwise applicable to an affected State under section 1903(a) of such Act (42 U.S.C. 1396b(a)) in order for such State to fund medical assistance consisting of medically necessary health care services and supplies, and associated administrative costs, for Evacuees of Hurricane Katrina present in the State who are determined eligible for temporary Medicaid eligibility status under a Hurricane Katrina Multistate demonstration waiver approved by the Secretary under section 1115 of the Social Security Act (42 U.S.C. 1315).

(B) Adjustments for affected state for obligations for care provided to evacuees of hurricane katrina by other states.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on August 24, 2005, and ending on June 30, 2006, if any affected State incurs an obligation for the State share of medical assistance for medically necessary services or supplies, and associated administrative costs, provided for Evacuees of Hurricane Katrina who are determined eligible for temporary Medicaid eligibility status under a Hurricane Katrina Multistate demonstration waiver approved under section 1115 of such Act for the affected State or another State, the Secretary may increase the Federal matching percentage otherwise applicable under section 1903(a) of such Act (42 U.S.C. 1396b(a)) to relieve such affected State from such obligation.

(3) Uncompensated care pools.--In the case of States with approved Hurricane Katrina Multistate demonstration waivers under section 1115 of the Social Security Act (42 U.S.C. 1315) that fund uncompensated health care, and associated administrative costs for Evacuees of Hurricane Katrina, the Secretary may provide reimbursement to such States for costs incurred during the period beginning on August 24, 2005, and ending on January 31, 2006, for--

(A) the cost of medically necessary health care services or supplies, and associated administrative costs provided for such Evacuees--

(i) who do not have health insurance coverage; or

(ii) who have been determined eligible for temporary Medicaid eligibility status under such a waiver but who receive medically necessary services or supplies that are not covered by the State Medicaid plan of the State in which such determination has been made; and

(B) monthly premium payments made directly to private health insurers on behalf of such Evacuees that have private health insurance coverage but are in need of financial assistance for the payment of such premiums.

(4) Community health center grants.--

(A) In general.--The Secretary may provide grants to existing health centers (within the meaning of section 330(a)(1) of the Public Health Service Act (42 U.S.C. 254b(a)(1)) located in Alabama, Arkansas, Georgia, Louisiana, Mississippi, and Texas for health care services provided to Evacuees of Hurricane Katrina.

(B) Preference.--In awarding grants under this paragraph, the Secretary shall give preference to health centers that are located in Disaster Parishes and Counties or which are serving a high percentage of Evacuees of Hurricane Katrina, as determined by the Secretary.

(5) Funding.--

(A) In general.--Not later than 10 days after the date of enactment of this Act, the Secretary of Homeland Security shall transfer from amounts provided to the Department of Homeland Security under the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising from the Consequences of Hurricane Katrina, 2005 (Public Law 109-62, 119 Stat 1990, 1991) and designated “Disaster Relief” to the Secretary of Health and Human Services--

(i) the amount the Secretary of Health and Human Services determines is necessary for the purpose of carrying out paragraph (2); and

(ii) an amount, not to exceed $800,000,000, the Secretary of Health and Human Services determines is necessary for the purpose of carrying out paragraphs (3) and (4).

(B) Availability of funds.--Funds provided under subparagraph (A)(ii) for purposes of carrying out paragraphs (3) and (4) shall remain available for use by the Secretary until October 1, 2006, after which time, the unexpended balance, if any, shall revert to the Federal Treasury.

(b) FMAP Adjustment.--Notwithstanding the first

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Senate amendment submitted

November 2, 2005