S.Amdt. 3908

1. Adds SEC. __. CLARIFICATION OF AVAILABILITY OF TARGETED CASE MANAGEMENT SERVICES UNDER MEDICAID wherever appropriate

   Adds a section

   Inserted: SEC. __. CLARIFICATION OF AVAILABILITY OF TARGETED CASE MANAGEMENT SERVICES UNDER MEDICAID.

   Inserted: (a) In General.--Section 1915(g) of the Social Security Act (42 U.S.C. 1396n(g)) is amended--

   Inserted: (1) in paragraph (2)--

   Inserted: (A) in the matter preceding subparagraph (A), by striking "subsection" and inserting "title";

   Inserted: (B) in subparagraph (A)--

   Inserted: (i) in clause (i)--

   Inserted: (I) by inserting "targeted" before "case"; and

   Inserted: (II) by inserting "that are furnished without regard to the requirements of section 1902(a)(1) and section 1902(a)(10)(B) to specific classes of individuals or to individuals who reside in specified areas and" after "means services"; and

   Inserted: (ii) in clause (iii), in the matter preceding subclause (I), by striking "Such term" and all that follows through "the following" and inserting "Except as provided in subparagraph (B), such term does not include the following activities with respect to the delivery of foster care services"; and

   Inserted: (C) by amending subparagraph (B) to read as follows:

   Inserted: "(B) Such term includes the activities described in subclauses (II) and (VIII) of subparagraph (A)(iii) in the case of an individual who is eligible for medical assistance under the State plan but who is not eligible for services or payments to be made on their behalf under part E of title IV.";

   Inserted: (2) in subparagraphs (A) and (B) of paragraph (3), by inserting "targeted" before "case management activity" each place it appears;

   Show 8 more inserted paragraphsShow less

   Inserted: (3) in paragraph (4), by striking "only" and all that follows through the period and inserting "is available under this title for targeted case management services as furnished under the plan unless there are other third parties liable to pay for such services."; and

   Inserted: (4) by adding at the end the following new paragraph:

   Inserted: "(6) Nothing in this subsection shall be construed as limiting the responsibility of the program established under this title to--

   Inserted: "(A) pay for any item or service for which no other payor is legally liable;

   Inserted: "(B) treat other payors or providers as legally liable who have no enforceable responsibility to pay for any item or service; or

   Inserted: "(C) treat the availability of public funding for any item or service as creating a legal liability.".

   Inserted: (b) Conforming Amendment.--The heading for section 6052 of the Deficit Reduction Act of 2005 (Public Law 109-171, 120 Stat. 93) is amended to read as follows: "clarification of availability of targeted case management services"

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of, and the amendments to section 1915(g) of the Social Security Act made by, section 6052 of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 93).

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed