S.Amdt. 377

SA 377. Mr. MENENDEZ (for himself, Mr. Durbin, Mr. Blumenthal, Mr.
Booker, and Mr. Heinrich) submitted an amendment intended to be
proposed by him to the bill H.R. 1628, to provide for reconciliation
pursuant to title II of the concurrent resolution on the budget for
fiscal year 2017; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. POINT OF ORDER AGAINST ELIMINATING OR REDUCING
FEDERAL FUNDING TO STATES UNDER THE MEDICAID
EXPANSION.

(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
eliminate or reduce funding to States available under law in
effect on the date of the adoption of this section to provide
comprehensive, affordable health care to low-income Americans
by eliminating or reducing the availability of Federal
financial assistance to States available 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 other means, unless the
Director of the Congressional Budget Office certifies that
the legislation would not--
(1) increase the number of uninsured Americans;
(2) decrease Medicaid enrollment in States that have opted
to expand eligibility for medical assistance under that
program for low-income, non-elderly individuals under the
eligibility option established by the Affordable Care Act
under section 1902(a)(10)(A)(i)(VIII) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII));
(3) reduce the likelihood that any State that, as of the
date of the adoption of this section, has not opted to expand
Medicaid under the eligibility option established by the
Affordable Care Act under section 1902(a)(10)(A)(i)(VIII) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII))
would opt to use that eligibility option to expand
eligibility for medical assistance under that program for
low-income, non-elderly individuals; and
(4) increase the State share of Medicaid spending under
that eligibility option.
(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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