S.Amdt. 260

SA 260. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus)
to the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 732, strike line 15 and all that follows
through page 733, line 4, and insert the following:

SEC. 5004. INCREASED RESOURCES TO COMBAT MEDICAID FRAUD.

(a) Funding for the HHS Inspector General.--For purposes of
ensuring the proper expenditure of Federal funds under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
there is appropriated to the Office of the Inspector General
of the Department of Health and Human Services, out of any
money in the Treasury not otherwise appropriated and without
further appropriation, $100,000,000 for each of fiscal years
2009 through 2013. Amounts appropriated under this section
shall remain available for expenditure until expended and
shall be in addition to any other amounts appropriated or
made available to such Office for such purposes.
(b) State Medicaid Fraud Control Units.--
(1) In general.--No State may elect to provide medical
assistance under the State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (or under any waiver of
such plan) to individuals described

[[Page S1576]]

in paragraph (2) unless the Secretary determines that the
State has increased the amount of State expenditures
attributable to the operation of the State medicaid fraud
control unit described in section 1903(q) of the such Act (42
U.S.C. 1396b(q)) by at least 50 percent more than the amount
of such expenditures for the most recent fiscal year.
(2) Individuals described.--
(A) In general.--The individuals described in this
paragraph are--
(i) individuals who--

(I) are within one or more of the categories described in
subparagraph (B); and
(II) meet the applicable requirements of subparagraph (C);
and

(ii) individuals who--

(I) are the spouse, or dependent child under 19 years of
age, of an individual described in clause (i); and
(II) meet the requirement of subparagraph (C)(ii).

(B) Categories described.--The categories of individuals
described in this paragraph are each of the following:
(i)(I) Individuals who are receiving unemployment
compensation benefits; and
(II) individuals who were receiving, but have exhausted,
unemployment compensation benefits on or after July 1, 2008.
(ii) Individuals who are involuntarily unemployed and were
involuntarily separated from employment on or after September
1, 2008, and before January 1, 2011, whose family gross
income does not exceed a percentage specified by the State
(not to exceed 200 percent) of the income official poverty
line (as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981) applicable to a
family of the size involved, and who, but for such an
election by the State, are not eligible for medical
assistance under the State plan under title XIX of the Social
Security Act or health assistance under a State plan under
title XXI of such Act.
(iii) Such categories of individuals do not include
individuals who are involuntarily unemployed and were
involuntarily separated from employment on or after September
1, 2008, and before January 1, 2011, who are members of
households participating in the supplemental nutrition
assistance program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), and who, but for
subsection (a)(10)(A)(ii)(XX), are not eligible for medical
assistance under this title or health assistance under title
XXI.
(C) Requirements.--The requirements of this subparagraph
with respect to an individual are the following:
(i) In the case of individuals within a category described
in clause (i)(I) of subparagraph (B), the individual was
involuntarily separated from employment on or after September
1, 2008, and before January 1, 2011, or meets such comparable
requirement as the Secretary specifies through rule,
guidance, or otherwise in the case of an individual who was
an independent contractor.
(ii) The individual is not otherwise covered under
creditable coverage, as defined in section 2701(c) of the
Public Health Service Act (42 U.S.C. 300gg(c)), but applied
without regard to paragraph (1)(F) of such section and
without regard to coverage provided by reason of such an
election by the State.
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