S.Amdt. 699

1. Rewrites section 2704

   Replaces

   Removes section 2704.

   Inserted: Sec. 2704. (a) Elimination of Remainder of SCHIP Funding Shortfalls for Fiscal Year 2007.--

   Inserted: (1) In general.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006, is amended--

   Inserted: (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

   Inserted: (B) by inserting after paragraph (3), the following:

   Inserted: "(4) Additional amounts to eliminate remainder of fiscal year 2007 funding shortfalls.--

   Inserted: "(A) Allotment authority.--From the amounts made available under subparagraph (D) for additional allotments under this paragraph, subject to subparagraph (C), the Secretary shall allot to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State for fiscal year 2007.

   Inserted: "(B) Remaining shortfall state described.--For purposes of subparagraph (A), a remaining shortfall State is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of March 31, 2007, that the projected Federal expenditures under such plan for the State for fiscal year 2007 will exceed the sum of--

   Inserted: "(i) the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006;

   Inserted: "(ii) the amount of the State's allotment for fiscal year 2007; and

   Inserted: "(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance with paragraphs (1) and (2).

   Inserted: "(C) Proration rule.--If the amount available under subparagraph (D) is less than the total amount of the estimated shortfalls determined by the Secretary under subparagraph (A), the amount of the allotment for each remaining shortfall State determined under such subparagraph shall be reduced proportionally.

   Inserted: "(D) Appropriation; allotment authority.--For the purpose of providing additional allotments to remaining shortfall States under this paragraph there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2007, not to exceed $750,000,000. Amounts appropriated pursuant to the preceding sentence are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).".

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   Inserted: (2) Conforming amendments.--Such section is further amended--

   Inserted: (A) in paragraph (1)(B), by striking "paragraph (4)(B)" and inserting "paragraph (5)(B)";

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

   Inserted: (i) in the paragraph heading, by striking "remainder of reduction" and inserting "part";

   Inserted: (ii) in subparagraph (A), by striking "paragraph (5)(B)" and inserting "paragraph (6)(B)"; and

   Inserted: (iii) in subparagraph (B), by striking "paragraph (4)(B)" and inserting "paragraph (5)(B)";

   Inserted: (C) in paragraph (5) (as redesignated by paragraph (1)(A))--

   Inserted: (i) in subparagraph (A), by inserting "or allotted" after "redistributed"; and

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

   Inserted: (I) by inserting "or allotted" after "redistributed";

   Inserted: (II) by striking "To the" and inserting the following:

   Inserted: "(i) In general.--Subject to clause (ii), to the"; and

   Inserted: (III) by adding at the end the following new clause:

   Inserted: "(ii) Exception for remaining shortfall states with lowest third ranking of uninsured children.--Only with respect to the amounts allotted under paragraph(4) to a remaining shortfall State described in subparagraph (B) of such paragraph, clause (i) shall not apply to any such State that, on the basis of the most recent American Community Survey of the Bureau of the Census (or, until such data is available, on the basis of the 3 most recent Annual Social and Economic Supplements of the Current Population Survey of the Bureau of the Census), ranks in the lowest \1/3\ of States in terms of the State's percentage of low-income children without health insurance.";

   Inserted: (D) in subparagraph (6)(A) (as so redesignated), by striking "and (3)" and inserting "(3), and (4)"; and

   Inserted: (E) in paragraph (7) (as so redesignated)--

   Inserted: (i) in the first sentence_

   Inserted: (I) by inserting "or allotted" after "redistributed"; and

   Inserted: (II) by inserting "or allotments" after "redistributions"; and

   Inserted: (ii) in the second sentence, by striking "and (3), in accordance with paragraph (5)" and inserting "(3), and (4) in accordance with paragraph (6)".

   Inserted: (b) Improving Access to Dental Services and Mental Health Services for Children.--Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 511. SEPARATE PROGRAM TO IMPROVE ACCESS TO DENTAL SERVICES AND MENTAL HEALTH SERVICES.

   Inserted: "(a) Authority To Award Allotments.--For the purpose described in subsection (b)(1), the Secretary shall allot to each State which has transmitted an application under subsection (c) that has been approved by the Secretary an amount equal to the product of--

   Inserted: "(1) the amount appropriated in subsection (h) for the period of fiscal years 2007 through 2012; and

   Inserted: "(2) the proportion that the number of low-income children for that State bears to the total of such numbers of children for all the States with approved applications under this section for such period.

   Inserted: "(b) Purpose; Priority for Use of Funds.--

   Inserted: "(1) Purpose.--The purpose of an allotment under subsection (a) to a State is to enable the State to carry out activities that are designed to improve access to dental services and mental health services for targeted low-income children and other children with low income or limited availability of health services.

   Inserted: "(2) Priority for use of funds.--In carrying out activities with funds from an allotment made under this section, a State shall give priority to activities that are designed to improve access to dental services and mental health services for targeted low-income children.

   Inserted: "(c) Application.--A State that desires to receive an allotment under this section shall submit, not later than June 1, 2007, an application to the Secretary in such form and manner, and containing such information, as the Secretary may require. Such application shall include--

   Inserted: "(1) a detailed description of the activities proposed to be conducted with funds from the allotment;

   Inserted: "(2) quality and outcomes performance measures to evaluate the effectiveness of such activities; and

   Inserted: "(3) an assurance that the State shall--

   Inserted: "(A) conduct an assessment of the effectiveness of such activities against such performance measures; and

   Inserted: "(B) cooperate with the collection and reporting of data and other information determined as a result of conducting such assessments to the Secretary, in such form and manner as the Secretary shall require.

   Inserted: "(d) Report.--Not later than March 31, 2008, the Secretary shall submit a report to Congress on the activities conducted with funds allotted under this section.

   Inserted: "(e) Supplement, Not Supplant.--Funds awarded under this section shall be used to supplement, not supplant, non-Federal funds that are otherwise available for activities conducted with funds from an allotment made under this section.

   Inserted: "(f) Application of Other Provisions.--

   Inserted: "(1) In general.--Sections 503, 507, and 508 shall apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c).

   Inserted: "(2) Reports.--Section 506 shall apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate.

   Inserted: "(g) Definitions.--In this section:

   Inserted: "(1) Targeted low-income children.--The term 'targeted low-income children' means, with respect to a State, children enrolled in the State child health plan under title XXI.

   Inserted: "(2) Low-income children.--The term 'low-income children' has the meaning given the term 'low-income child' under section 2110(c)(4).

   Inserted: "(h) Appropriation.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 for the period of fiscal years 2007 through 2012 for the purpose of making allotments under this section.".

   Inserted: (c) Funding Provisions.--

   Inserted: (1) Repeal of the limited continuous enrollment provision for certain beneficiaries under the medicare advantage program.--

   Inserted: (A) In general.--Subparagraph (E) of section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)), as added by section 206(a) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), is repealed.

   Inserted: (B) Conforming amendment.--Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)), as amended by 206(b) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), is amended by striking "subparagraphs (B), (C), and (E)" and inserting "subparagraphs (B) and (C)".

   Inserted: (C) Effective date.--The amendments made by this paragraph shall take effect on the day after the date of enactment of this Act.

   Inserted: (2) Requirement for use of tamper-resistant prescription pads under the medicaid program.--

   Inserted: (A) In general.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended--

   Inserted: (i) by striking "or" at the end of paragraph (21);

   Inserted: (ii) by striking the period at the end of paragraph (22) and inserting "; or"; and

   Inserted: (iii) by inserting after paragraph (22) the following new paragraph:

   Inserted: "(23) with respect to amounts expended for medical assistance for covered outpatient drugs (as defined in section 1927(k)(2)) for which the prescription was executed in written (and non-electronic) form unless the prescription was executed on a tamper-resistant pad.".

   Inserted: (B) Effective date.--The amendments made by subparagraph (A) shall apply to prescriptions executed after September 30, 2007.

   Inserted: (3) Extension of ssi asset verification demonstration to medicaid.--

   Inserted: (A) In general.--Subject to subparagraph (B), the Secretary of Health and Human Services shall collaborate with the Commissioner of Social Security to provide for the use, for purposes of verifying financial eligibility for medical assistance under State plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), of the system administered by the Commissioner (under section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)) under which the Commissioner may obtain information held by financial institutions in order to verify eligibility for benefits under title XVI of such Act (42 U.S.C. 1381 et seq.).

   Inserted: (B) Limitation.--For purposes of this paragraph, use of the system described in subparagraph (A), and the information obtained through such system, shall be limited to determinations of eligibility for medical assistance in States in which such system is being used by the Commissioner to verify eligibility for benefits under such title XVI.

   Inserted: (C) Sharing by commissioner of information obtained from financial institutions.--Notwithstanding the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) or any other provision of law, information obtained by the Commissioner from financial institutions under the system described in subparagraph (A) may, for purposes of carrying out this paragraph, be shared with the agencies of States specified in subparagraph (B) which are administering the plans of such States under title XIX of the Social Security Act.

   Inserted: (d) General Effective Date; Applicability.--Except as otherwise provided, the amendments made by this section take effect on the date of enactment of this Act and apply without fiscal year limitation.

   Original wording

   Strike section 2704 and insert the following:

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As printed