S.Amdt. 387

SA 387. 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 720, strike line 19 and all that follows
through page 722, line 18, and insert the following:
(1) Maintenance of effort requirements.--
(A) In general.--No State shall be eligible for an
increased FMAP rate under this section for any fiscal year
quarter during the recession adjustment period if the
Secretary determines, with respect to the State plan under
title XIX of the Social Security Act (including any waiver
under such title or under section 1115 of such Act (42 U.S.C.
1315)) and any fiscal year quarter during such period, any of
the following:
(i) Eligibility.--Any reduction in eligibility standards,
methodologies, or procedures under such State plan or waiver.
(ii) Benefits.--Any reduction in the type, amount,
duration, or scope of benefits provided under such State plan
or waiver.
(iii) Provider payments.--Any reduction in provider
payments under such State plan or waiver, including the
aggregate or per service amount paid to any provider and the
amount and extent of beneficiary cost-sharing imposed.
(B) Exception for reduction made for purposes of preventing
fraud.--A State shall not be ineligible under subparagraph
(A) if the Secretary determines, with respect to the State
plan under title XIX of the Social Security Act (including
any waiver under such title or under section 1115 of such Act
(42 U.S.C. 1315)) and any fiscal year quarter during such
period, that any reductions described in subparagraph (A)
that are made by the State for any such quarter are for
purposes of preventing fraud under the State plan or waiver.
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