S.Amdt. 923

SA 923. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to
provide for reconciliation pursuant to title II of S. Con. Res. 5;
which was ordered to lie on the table; as follows:

Insert after section 9817 the following:

SEC. 9817A. LIMITATION ON INCREASES IN THE FEDERAL MEDICAL
ASSISTANCE PERCENTAGE.

(a) In General.--With respect to each of fiscal years 2021
through 2030, if the most recently determined payment error
rate measurement (PERM) for a State Medicaid program for the
preceding fiscal year exceeds 10 percent, then, in the case
of payments to the State under a State plan approved under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
or a waiver of such plan for expenditures described in
subsection (b) for any quarter of such fiscal year, the
Federal medical assistance percentage determined for the
State and fiscal year under section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) (or, if applicable, under
section 1905(ff) of such Act (42 U.S.C. 1396d(ff)) shall be
substituted for the applicable FMAP increases described in
subsection (c) that would apply in the absence of this
subsection.
(b) Expenditures Described.--The expenditures described in
this subsection are the following:
(1) Amounts expended by the State for medical assistance
for qualifying community-based mobile crisis intervention
services under section 1947 of the Social Security Act, as
added by section 9813.
(2) Amount expended by a State that is a qualifying State
(as defined in section 1905(ii)(3) of the Social Security
Act, as added by section 9814) for all individuals described
in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act
under the State plan (or waiver of such plan) under title XIX
of such Act.
(3) Amounts expended by a State that meets the HCBS program
requirements under section 9817(b) for home and community-
based services (as defined in paragraph (2)(B) of section
9817(a)) that are provided during the HCBS program
improvement period (as defined in paragraph (2)(A) of section
9817(a)).
(c) Applicable FMAP Increases Described.--The applicable
FMAP increases described in this subsection are the
following:
(1) The Federal medical assistance percentage applicable
under subsection (c) of section 1947 of the Social Security
Act, as added by section 9813.
(2) The increase to the Federal medical assistance
percentage applicable under section 1905(ii) of the Social
Security Act, as added by section 9814.
(3) The increase to the Federal medical assistance
percentage applicable under section 9817(a).
(4) Any Federal medical assistance percentage or increase
to such percentage applicable under subsection (y), (z), or
(aa) of section 1905 of the Social Security Act (42 U.S.C.
1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or
section 6008(a) of the Families First Coronavirus Response
Act (Public Law 116-127).

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