To temporarily delay application of proposed changes to Medicaid payment rules for case management and targeted case management services.

SA 4023. Ms. MIKULSKI (for herself, Mr. Coleman, and Ms. Klobuchar)
submitted an amendment intended to be proposed to amendment SA 3899
proposed by Mr. Dorgan (for himself, Ms. Murkowski, Mr. Baucus, Mr.
Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. Salazar) to the
bill S. 1200, to amend the Indian Health Care Improvement Act to revise
and extend the Act; which was ordered to lie on the table; as follows:

On page 397, after line 2, add the following:

SEC. 213. MORATORIUM ON IMPLEMENTATION OF CHANGES TO CASE
MANAGEMENT AND TARGETED CASE MANAGEMENT PAYMENT
REQUIREMENTS UNDER MEDICAID.

(a) Moratorium.--
(1) Delayed implementation of december 4, 2007, interim
final rule.--The interim final rule published on December 4,
2007, at pages 68,077 through 68,093 of volume 72 of the
Federal Register (relating to parts 431, 440, and 441 of
title 42 of the Code of Federal Regulations) shall not take
effect before April 1, 2009.

[[Page S987]]

(2) Continuation of 2007 payment policies and practices.--
Notwithstanding any other provision of law, the Secretary of
Health and Human Services shall not, prior to April 1, 2009,
take any action (through promulgation of regulation, issuance
of regulatory guidance, use of Federal payment audit
procedures, or other administrative action, policy or
practice, including a Medical Assistance Manual transmittal
or issuance of a letter to State Medicaid directors) to
restrict coverage or payment under title XIX of the Social
Security Act for case management and targeted case management
services if such action is more restrictive than the
administrative action, policy, or practice that applies to
coverage of, or payment for, such services under title XIX of
the Social Security Act on December 3, 2007. Any such action
taken by the Secretary of Health and Human Services during
the period that begins on December 4, 2007, and ends on March
31, 2009, that is based in whole or in part on the interim
final rule described in subsection (a) is null and void.
(b) Inclusion of Medicare Providers and Suppliers in
Federal Payment Levy and Administrative Offset Program.--
(1) In general.--Section 1874 of the Social Security Act
(42 U.S.C. 1395kk) is amended by adding at the end the
following new subsection:
``(d) Inclusion of Medicare Provider and Supplier Payments
in Federal Payment Levy Program.--
``(1) In general.--The Centers for Medicare & Medicaid
Services shall take all necessary steps to participate in the
Federal Payment Levy Program under section 6331(h) of the
Internal Revenue Code of 1986 as soon as possible and shall
ensure that--
``(A) at least 50 percent of all payments under parts A and
B are processed through such program beginning within 1 year
after the date of the enactment of this section;
``(B) at least 75 percent of all payments under parts A and
B are processed through such program beginning within 2 years
after such date; and
``(C) all payments under parts A and B are processed
through such program beginning not later than September 30,
2011.
``(2) Assistance.--The Financial Management Service and the
Internal Revenue Service shall provide assistance to the
Centers for Medicare & Medicaid Services to ensure that all
payments described in paragraph (1) are included in the
Federal Payment Levy Program by the deadlines specified in
that subsection.''.
(2) Application of administrative offset provisions to
medicare provider or supplier payments.--Section 3716 of
title 31, United States Code, is amended--
(A) by inserting ``the Department of Health and Human
Services,'' after ``United States Postal Service,'' in
subsection (c)(1)(A); and
(B) by adding at the end of subsection (c)(3) the following
new subparagraph:
``(D) This section shall apply to payments made after the
date which is 90 days after the enactment of this
subparagraph (or such earlier date as designated by the
Secretary of Health and Human Services) with respect to
claims or debts, and to amounts payable, under title XVIII of
the Social Security Act.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
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