S.Amdt. 3185Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3185
Sponsored by
Sen. Sherrod Brown (D-OH)
Submitted December 11, 2009
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Senate amendment submitted
December 11, 2009
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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. ______