S.Amdt. 59

1. Rewrites section 114

   Replaces

   In H.R. 2 · Placed on Calendar Senate

   Struck: SEC. 114. LIMITATION ON MATCHING RATE FOR STATES THAT PROPOSE TO COVER CHILDREN WITH EFFECTIVE FAMILY INCOME THAT EXCEEDS 300 PERCENT OF THE POVERTY LINE.

   Struck: (a) FMAP Applied to Expenditures.--Section 2105(c) (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph:

   Struck: "(8) Limitation on matching rate for expenditures for child health assistance provided to children whose effective family income exceeds 300 percent of the poverty line.--

   Struck: "(A) FMAP applied to expenditures.--Except as provided in subparagraph (B), for fiscal years beginning with fiscal year 2009, the Federal medical assistance percentage (as determined under section 1905(b) without regard to clause (4) of such section) shall be substituted for the enhanced FMAP under subsection (a)(1) with respect to any expenditures for providing child health assistance or health benefits coverage for a targeted low-income child whose effective family income would exceed 300 percent of the poverty line but for the application of a general exclusion of a block of income that is not determined by type of expense or type of income.

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   Struck: "(B) Exception.--Subparagraph (A) shall not apply to any State that, on the date of enactment of the Children's Health Insurance Program Reauthorization Act of 2009, has an approved State plan amendment or waiver to provide, or has enacted a State law to submit a State plan amendment to provide, expenditures described in such subparagraph under the State child health plan.".

   Struck: (b) Rule of Construction.--Nothing in the amendments made by this section shall be construed as--

   Struck: (1) changing any income eligibility level for children under title XXI of the Social Security Act; or

   Struck: (2) changing the flexibility provided States under such title to establish the income eligibility level for targeted low-income children under a State child health plan and the methodologies used by the State to determine income or assets under such plan.

   Inserted: SEC. 114. CHIP GROSS INCOME ELIGIBILITY CEILING.

   Inserted: (a) Application of CHIP Eligibility Ceiling.--

   Inserted: (1) In general.--Section 2110 (42 U.S.C. 1397jj) is amended--

   Inserted: (A) in subsection (b)(1)--

   Inserted: (i) by striking "and" at the end of subparagraph (B);

   Inserted: (ii) by striking the period at the end of subparagraph (C) and inserting "; and"; and

   Inserted: (iii) by adding at the end the following new subparagraph:

   Inserted: "(D) whose gross family income (as defined in subsection (c)(9)) does not exceed 250 percent of the poverty line."; and

   Inserted: (B) in subsection (c), by adding at the end the following new paragraph:

   Inserted: "(9) Gross family income.--

   Inserted: "(A) In general.--Subject to subparagraph (B), the term 'gross family income' means, with respect to an individual, gross income (as defined by the Secretary in regulations) for the members of the individual's family. For purposes of the previous sentence, in defining 'gross income' the Secretary shall, to the maximum extent practicable, include income from whatever source, other than amounts deducted under section 62(a)(1) of the Internal Revenue Code of 1986.

   Inserted: "(B) Income disregards authorized.--A State may provide, through a State plan amendment and with the approval of the Secretary, for the disregard from gross family income of one or more amounts so long as the total amount of such disregards for a family does not exceed $250 per month, or $3,000 per year.".

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   Inserted: (2) Denial of federal matching payments for state schip expenditures for individuals with gross family income above 250 percent of the poverty line.--Section 2105(c) (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph:

   Inserted: "(8) Denial of payments for expenditures for child health assistance for individuals whose gross family income exceeds 250 percent of the poverty line.--No payment may be made under this section, for any expenditures for providing child health assistance or health benefits coverage under a State child health plan under this title, including under a waiver under section 1115, with respect to an individual whose gross family income (as defined in section 2110(c)(9)) exceeds 250 percent of the poverty line.".

   Inserted: (b) Effective Date; Transition.--

   Inserted: (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to payments made for items and services furnished on or after the first day of the first calendar quarter beginning more than 90 days after the date of the enactment of this Act.

   Inserted: (2) Transition.--The amendments made by--

   Inserted: (A) subsection (a)(1) shall not apply to an individual who was receiving, or was determined eligible to receive, child health assistance or health benefits coverage under a State child health plan under title XXI of the Social Security Act, including under a waiver under section 1115 of such Act, as of the day before the date of the enactment of this Act, until such date as the individual is determined ineligible using income standards or methodologies in place as of the day before the date of the enactment of this Act; and

   Inserted: (B) subsection (a)(2) shall not apply to payment for items and services furnished to an individual described in subparagraph (B).

   Original wording

   Strike section 114 and insert the following:

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

As printed