S.Amdt. 3185Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3185

Submitted December 11, 2009

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Senate amendment submitted

December 11, 2009

Text

Submitted

SA 3185. Mr. BROWN submitted an amendment intended to be proposed by
Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the
bill H.R. 3590, to amend the Internal Revenue Code of 1986 to modify
the first-time homebuyers credit in the case of members of the Armed
Forces and certain other Federal employees, and for other purposes;
which was ordered to lie on the table; as follows:

On page 553, between lines 14 and 15, insert the following:

[[Page S13048]]

SEC. 2721. INCREASED PAYMENTS FOR PEDIATRIC CARE UNDER
MEDICAID.

(a) In General.--
(1) Fee-for-service payments.--Section 1902 of the Social
Security Act (42 U.S.C. 1396b), as amended by section
2001(b)(2), is amended--
(A) in subsection (a)(13)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by adding ``and'' at the end of subparagraph (B); and
(iii) by adding at the end the following new subparagraph:
``(C) payment for pediatric care services (as defined in
subsection (hh)(1)) furnished by physicians (as defined in
section 1861(r)) (or for services furnished by other health
care professionals that would be pediatric care services
under such subsection if furnished by a physician) at a rate
not less than 80 percent of the payment rate that would be
applicable if the adjustment described in subsection (hh)(2)
were to apply to such services under part B of title XVIII
(or, if there is no payment rate for such services under part
B of title XVIII, the payment rate for the most comparable
services, as determined by the Secretary in consultation with
the Medicaid and CHIP Payment and Access Commission
established under section 1900 and adjusted as appropriate
for a pediatric population) for services furnished in 2010,
90 percent of such adjusted payment rate for such services
furnished in 2011, and 100 percent of such adjusted payment
rate for such services furnished in 2012 and each subsequent
year;''; and
(B) by adding at the end the following new subsection:
``(hh) Increased Payment for Pediatric Care.--For purposes
of subsection (a)(13)(C):
``(1) Pediatric care services defined.--The term `pediatric
care services' means evaluation and management services,
without regard to the specialty of the physician or hospital
furnishing the services, that are procedure codes (for
services covered under title XVIII) for services in the
category designated Evaluation and Management in the
Healthcare Common Procedure Coding System (established by the
Secretary under section 1848(c)(5) as of December 31, 2009,
and as subsequently modified by the Secretary) and that are
furnished to an individual who is enrolled in the State plan
under this title who has not attained age 19. Such term
includes procedure codes established by the Secretary, in
consultation with the Medicaid and CHIP Payment and Access
Commission established under section 1900, for services
furnished under State plans under this title to individuals
who have not attained age 19 and for which there is not an a
procedure code (or a procedure code that the Secretary, in
consultation with such Commission, determines is comparable)
established under the Healthcare Common Procedure Coding
System.
``(2) Adjustment.--The adjustment described in this
paragraph is the substitution of 1.25 percent for the update
otherwise provided under section 1848(d)(4) for each year
beginning with 2010.''.
(2) Under medicaid managed care plans.--Section 1932(f) of
such Act (42 U.S.C. 1396u-2(f)) is amended--
(A) in the heading, by adding at the end the following: ``;
Adequacy of Payment for Pediatric Care Services''; and
(B) by inserting before the period at the end the
following: ``and, in the case of pediatric care services
described in section 1902(a)(13)(C), consistent with the
minimum payment rates specified in such section (regardless
of the manner in which such payments are made, including in
the form of capitation or partial capitation)''.
(b) Increased FMAP.--Section 1905 of such Act (42 U.S.C.
1396d), as amended by sections 2006 and 4107(a)(2), is
amended
(1) in the first sentence of subsection (b), by striking
``and'' before ``(4)'' and by inserting before the period at
the end the following: ``, and (5) 100 percent (for periods
beginning with 2010) with respect to amounts described in
subsection (cc)''; and
(2) by adding at the end the following new subsection:
``(cc) For purposes of section 1905(b)(5), the amounts
described in this subsection are the following:
``(1)(A) The portion of the amounts expended for medical
assistance for services described in section 1902(a)(13)(C)
furnished on or after January 1, 2010, that is attributable
to the amount by which the minimum payment rate required
under such section (or, by application, section 1932(f))
exceeds the payment rate applicable to such services under
the State plan as of the date of enactment of the Patient
Protection and Affordable Care Act.
``(B) Subparagraph (A) shall not be construed as preventing
the payment of Federal financial participation based on the
Federal medical assistance percentage for amounts in excess
of those specified under such subparagraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to services furnished on or after January 1,
2010.
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