S.Amdt. 149

SA 149. Mr. WYDEN (for himself, Mr. Merkley, Mr. Cardin, Mr. Markey,
Mr. Leahy, Mr. Van Hollen, Ms. Warren, and Mrs. Gillibrand) submitted
an amendment intended to be proposed by him to the concurrent
resolution S. Con. Res. 3, setting forth the congressional budget for
the United States Government for fiscal year 2017 and setting forth the
appropriate budgetary levels for fiscal years 2018 through 2026; which
was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 4__. POINT OF ORDER AGAINST UNDERMINING THE PURPOSE OF
SECTION 1115 WAIVER DEMONSTRATIONS TO PROVIDE
COMPREHENSIVE, AFFORDABLE HEALTH CARE TO LOW-
INCOME AMERICANS.

(a) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, motion, amendment,
amendment between the Houses, or conference report that
would--
(1) eliminate or reduce a State's flexibility to employ
waiver demonstrations approved under section 1115 of the
Social Security Act (42 U.S.C. 1315) to provide
comprehensive, affordable health care to low-income
individuals eligible for medical assistance under section
1902(a)(10)(A)(i)(VIII) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)(VIII)) by eliminating or reducing the
availability of Federal financial assistance to States
available under the expansion of Medicaid under section
1905(y)(1) or 1905(z)(2) of the Social Security Act (42
U.S.C. 1396d(y)(1), 1396d(z)(2)); or
(2) undermine the purpose of such waivers to demonstrate
and evaluate policy approaches such as expanding eligibility
to individuals who are not otherwise Medicaid or CHIP
eligible, providing services not typically covered by
Medicaid, or using innovative service delivery systems that
improve care, increase efficiency, and reduce costs, by
instituting harmful policies such as work requirements and
onerous premiums and cost-sharing requirements that are not
in line with the objectives of such waivers.
(b) Waiver and Appeal.--Subsection (a) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn. An affirmative
vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under
subsection (a).
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