S.Amdt. 49Senate111th Congress (2009-2011)

To prevent fraud and restore fiscal accountability to the Medicaid and SCHIP programs.

What it does: Rewrites section 602
Sponsored by Tom CoburnSen. Tom Coburn (R-OK)
Submitted January 27, 2009

What it changes

1 change to H.R. 2 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 602

    Replaces

    In H.R. 2 · Placed on Calendar Senate

    Struck: SEC. 602. IMPROVING DATA COLLECTION.

    Struck: (a) Increased Appropriation.--Section 2109(b)(2) (42 U.S.C. 1397ii(b)(2)) is amended by striking "$10,000,000 for fiscal year 2000" and inserting "$20,000,000 for fiscal year 2009".

    Struck: (b) Use of Additional Funds.--Section 2109(b) (42 U.S.C. 1397ii(b)), as amended by subsection (a), is amended--

    Struck: (1) by redesignating paragraph (2) as paragraph (4); and

    Show 9 more struck paragraphs

    Struck: (2) by inserting after paragraph (1), the following new paragraphs:

    Struck: "(2) Additional requirements.--In addition to making the adjustments required to produce the data described in paragraph (1), with respect to data collection occurring for fiscal years beginning with fiscal year 2009, in appropriate consultation with the Secretary of Health and Human Services, the Secretary of Commerce shall do the following:

    Struck: "(A) Make appropriate adjustments to the Current Population Survey to develop more accurate State- specific estimates of the number of children enrolled in health coverage under title XIX or this title.

    Struck: "(B) Make appropriate adjustments to the Current Population Survey to improve the survey estimates used to determine the child population growth factor under section 2104(m)(5)(B) and any other data necessary for carrying out this title.

    Struck: "(C) Include health insurance survey information in the American Community Survey related to children.

    Struck: "(D) Assess whether American Community Survey estimates, once such survey data are first available, produce more reliable estimates than the Current Population Survey with respect to the purposes described in subparagraph (B).

    Struck: "(E) On the basis of the assessment required under subparagraph (D), recommend to the Secretary of Health and Human Services whether American Community Survey estimates should be used in lieu of, or in some combination with, Current Population Survey estimates for the purposes described in subparagraph (B).

    Struck: "(F) Continue making the adjustments described in the last sentence of paragraph (1) with respect to expansion of the sample size used in State sampling units, the number of sampling units in a State, and using an appropriate verification element.

    Struck: "(3) Authority for the secretary of health and human services to transition to the use of all, or some combination of, acs estimates upon recommendation of the secretary of commerce.--If, on the basis of the assessment required under paragraph (2)(D), the Secretary of Commerce recommends to the Secretary of Health and Human Services that American Community Survey estimates should be used in lieu of, or in some combination with, Current Population Survey estimates for the purposes described in paragraph (2)(B), the Secretary of Health and Human Services, in consultation with the States, may provide for a period during which the Secretary may transition from carrying out such purposes through the use of Current Population Survey estimates to the use of American Community Survey estimates (in lieu of, or in combination with the Current Population Survey estimates, as recommended), provided that any such transition is implemented in a manner that is designed to avoid adverse impacts upon States with approved State child health plans under this title.".

    Inserted: SEC. 602. LIMITATION ON EXPANSION.

    Inserted: Section 2105(c)(8) (42 U.S.C. 1397ee(c)(8)), as added by section 114(a), is amended by adding at the end the following:

    Inserted: "(C) Requirement.--Notwithstanding subparagraphs (A) and (B), on or after the date of enactment of this subparagraph, the Secretary may not approve a State plan amendment or waiver for child health assistance or health benefits to children whose family income exceeds 300 percent of the poverty line unless the improper payment rate for Medicaid and CHIP (as measured by the payment error rate measurement (PERM)) is equal to or is less than 3.5 percent.".

    Original wording

    Strike section 602 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 49. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2, to amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 602 and insert the following:

SEC. 602. LIMITATION ON EXPANSION.

Section 2105(c)(8) (42 U.S.C. 1397ee(c)(8)), as added by section 114(a), is amended by adding at the end the following:

“(C) Requirement.--Notwithstanding subparagraphs (A) and (B), on or after the date of enactment of this subparagraph, the Secretary may not approve a State plan amendment or waiver for child health assistance or health benefits to children whose family income exceeds 300 percent of the poverty line unless the improper payment rate for Medicaid and CHIP (as measured by the payment error rate measurement (PERM)) is equal to or is less than 3.5 percent.”.

Legislative Activity

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Senate amendment not agreed to: Amendment SA 49 not agreed to in Senate by Voice Vote.

January 29, 2009

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Floor

Senate amendment not agreed to: Amendment SA 49 not agreed to in Senate by Voice Vote.

January 29, 2009

Floor

Considered by Senate. (consideration: CR S1007, S1044)

January 29, 2009

Floor

Amendment SA 49 not agreed to in Senate by Voice Vote.

January 29, 2009

Floor

Senate amendment proposed (on the floor): Amendment SA 49 proposed by Senator Coburn.(consideration: CR S986-987; text: CR S986)

January 28, 2009

Floor

Amendment SA 49 proposed by Senator Coburn. (consideration: CR S986-987; text: CR S986) To prevent fraud and restore fiscal accountability to the Medicaid and SCHIP programs.

January 28, 2009

Floor

Senate amendment submitted

January 27, 2009