S.Amdt. 976

SA 976. Mr. BRAUN 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:

Strike section 9814 and insert the following:

SEC. 9814. TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE
UNDER STATE MEDICAID PLANS WHICH BEGIN TO
EXPEND AMOUNTS FOR CERTAIN MANDATORY
INDIVIDUALS.

(a) In General.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d), as amended by section 9811 of this
subtitle, is further amended--

[[Page S1210]]

(1) in subsection (b), in the first sentence, by striking
``and (hh)'' and inserting ``(hh), and (ii)'';
(2) in subsection (ff), by striking ``subject to subsection
(hh)'' and inserting ``subject to subsections (hh) and
(ii)''; and
(3) by adding at the end the following new subsection:
``(ii) Temporary Increase in FMAP for Medical Assistance
Under State Medicaid Plans Which Begin to Expend Amounts for
Certain Mandatory Individuals.--
``(1) In general.--For each quarter occurring during the 8-
quarter period beginning with the first calendar quarter
during which a qualifying State (as defined in paragraph (3))
expends amounts for all individuals described in section
1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of
such plan), the Federal medical assistance percentage
determined under subsection (b) for such State shall, after
application of any increase, if applicable, under section
6008 of the Families First Coronavirus Response Act, be
increased by 5 percentage points, except for any quarter (and
each subsequent quarter) during such period during which the
State ceases to provide medical assistance to any such
individual under the State plan (or waiver of such plan).
``(2) Special application rules.--Any increase described in
paragraph (1) (or payment made for expenditures on medical
assistance that are subject to such increase)--
``(A) shall not apply with respect to disproportionate
share hospital payments described in section 1923;
``(B) shall not be taken into account in calculating the
enhanced FMAP of a State under section 2105;
``(C) shall not be taken into account for purposes of part
A, D, or E of title IV; and
``(D) shall not be taken into account for purposes of
applying payment limits under subsections (f) and (g) of
section 1108.
``(3) Definition.--For purposes of this subsection, the
term `qualifying State' means a State which has not expended
amounts for all individuals described in section
1902(a)(10)(A)(i)(VIII) before the date of the enactment of
this subsection.''.
(b) Conditions on Providing Medical Assistance to Certain
Mandatory Individuals.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)(10)(A)(i)(VIII), by striking
``beginning January 1, 2014'' and inserting ``subject to
subsection (tt)''; and
(2) by adding at the end the following new subsection:
``(tt) Conditions on the Provision of Medical Assistance to
Certain Individuals.--
``(1) In general.--A State that is a qualifying State (as
defined in section 1905(ii)(3)), and, beginning January 1,
2022, any other State, shall not provide medical assistance
to individuals described in subsection (a)(10)(A)(i)(VIII)
unless the State meets the requirements described in
paragraph (2).
``(2) Requirements.--The requirements described in this
paragraph are the following:
``(A) Drug testing.--The State requires individuals
described in subsection (a)(10)(A)(i)(VIII) to receive a drug
test as a condition of eligibility for medical assistance
under the State plan or a waiver of such plan.
``(B) Substance use disorder treatment.--The State requires
any individual described in subsection (a)(10)(A)(i)(VIII)
who tests positive for drug use or is otherwise known to the
State to have a substance use disorder to receive substance
use disorder treatment as a condition of eligibility for
medical assistance under the State plan or a waiver of such
plan.''.
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