[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 138
To temporarily increase the Federal medical assistance percentage for
the medicaid program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2003
Mr. Rockefeller (for himself, Ms. Collins, Mr. Nelson of Nebraska, Mr.
Smith, Mrs. Clinton, Mrs. Hutchison, and Mr. Graham of Florida)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To temporarily increase the Federal medical assistance percentage for
the medicaid program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TEMPORARY STATE FISCAL RELIEF.
(a) Temporary Increase of Medicaid FMAP.--
(1) Permitting maintenance of fiscal year 2002 fmap for
last 2 calendar quarters of fiscal year 2003.--Notwithstanding
any other provision of law, but subject to paragraph (5), if
the FMAP determined without regard to this subsection for a
State for fiscal year 2003 is less than the FMAP as so
determined for fiscal year 2002, the FMAP for the State for
fiscal year 2002 shall be substituted for the State's FMAP for
the third and fourth calendar quarters of fiscal year 2003,
before the application of this subsection.
(2) Permitting maintenance of fiscal year 2003 fmap for
fiscal year 2004.--Notwithstanding any other provision of law,
but subject to paragraph (5), if the FMAP determined without
regard to this subsection for a State for fiscal year 2004 is
less than the FMAP as so determined for fiscal year 2003, the
FMAP for the State for fiscal year 2003 shall be substituted
for the State's FMAP for each calendar quarter of fiscal year
2004, before the application of this subsection.
(3) General 2.45 percentage points increase for last 2
calendar quarters of fiscal year 2003 and fiscal year 2004.--
Notwithstanding any other provision of law, but subject to
paragraphs (5) and (6), for each State for the third and fourth
calendar quarters of fiscal year 2003 and each calendar quarter
of fiscal year 2004, the FMAP (taking into account the
application of paragraphs (1) and (2)) shall be increased by
2.45 percentage points.
(4) Increase in cap on medicaid payments to territories.--
Notwithstanding any other provision of law, but subject to
paragraph (6), with respect to the third and fourth calendar
quarters of fiscal year 2003 and each calendar quarter of
fiscal year 2004, the amounts otherwise determined for Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa under subsections (f) and (g) of section
1108 of the Social Security Act (42 U.S.C. 1308) shall each be
increased by an amount equal to 4.90 percent of such amounts.
(5) Scope of application.--The increases in the FMAP for a
State under this subsection shall apply only for purposes of
title XIX of the Social Security Act and shall not apply with
respect to--
(A) disproportionate share hospital payments
described in section 1923 of such Act (42 U.S.C. 1396r-
4); or
(B) payments under title IV or XXI of such Act (42
U.S.C. 601 et seq. and 1397aa et seq.).
(6) State eligibility.--
(A) In general.--Subject to subparagraph (B), a
State is eligible for an increase in its FMAP under
paragraph (3) or an increase in a cap amount under
paragraph (4) only if the eligibility under its State
plan under title XIX of the Social Security Act
(including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or
waiver) as in effect on September 2, 2003.
(B) State reinstatement of eligibility permitted.--
A State that has restricted eligibility under its State
plan under title XIX of the Social Security Act
(including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)) after September 2,
2003, but prior to the date of enactment of this Act is
eligible for an increase in its FMAP under paragraph
(3) or an increase in a cap amount under paragraph (4)
in the first calendar quarter (and subsequent calendar
quarters) in which the State has reinstated eligibility
that is no more restrictive than the eligibility under
such plan (or waiver) as in effect on September 2,
2003.
(C) Rule of construction.--Nothing in subparagraph
(A) or (B) shall be construed as affecting a State's
flexibility with respect to benefits offered under the
State medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (including any
waiver under such title or under section 1115 of such
Act (42 U.S.C. 1315)).
(7) Definitions.--In this subsection:
(A) FMAP.--The term ``FMAP'' means the Federal
medical assistance percentage, as defined in section
1905(b) of the Social Security Act (42 U.S.C.
1396d(b)).
(B) State.--The term ``State'' has the meaning
given such term for purposes of title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(8) Repeal.--Effective as of October 1, 2004, this
subsection is repealed.
(b) Additional Temporary State Fiscal Relief.--
(1) In general.--Title XX of the Social Security Act (42
U.S.C. 1397-1397f) is amended by adding at the end the
following:
``SEC. 2008. ADDITIONAL TEMPORARY GRANTS FOR STATE FISCAL RELIEF.
``(a) In General.--For the purpose of providing State fiscal relief
allotments to States under this section, there are hereby appropriated,
out of any funds in the Treasury not otherwise appropriated,
$10,000,000,000. Such funds shall be available for obligation by the
State through June 30, 2005, and for expenditure by the State through
September 30, 2005. This section constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment to States of amounts
provided under this section.
``(b) Allotment.--Funds appropriated under subsection (a) shall be
allotted by the Secretary among the States in accordance with the
following table:
------------------------------------------------------------------------
``State Allotment (in dollars)
------------------------------------------------------------------------
Alabama $113,960,092
Alaska $28,050,916
Amer. Samoa $276,005
Arizona $174,176,300
Arkansas $88,932,482
California $1,055,900,700
Colorado $95,353,555
Connecticut $138,136,104
Delaware $25,691,623
District of Columbia $43,356,542
Florida $416,437,302
Georgia $245,721,379
Guam $446,563
Hawaii $30,891,959
Idaho $32,439,936
Illinois $362,420,855
Indiana $181,086,404
Iowa $86,873,236
Kansas $62,913,352
Kentucky $141,415,311
Louisiana $159,884,723
Maine $61,854,394
Maryland $157,333,510
Massachusetts $315,177,172
Michigan $290,300,805
Minnesota $201,619,700
Mississippi $117,970,775
Missouri $201,689,388
Montana $24,291,445
Nebraska $53,033,542
Nevada $34,887,749
New Hampshire $36,067,567
New Jersey $274,636,614
New Mexico $75,233,465
New York $1,588,884,965
North Carolina $293,161,659
North Dakota $18,169,187
N. Mariana Islands $155,920
Ohio $410,965,675
Oklahoma $97,493,874
Oregon $111,334,973
Pennsylvania $497,241,778
Puerto Rico $12,610,820
Rhode Island $53,399,083
South Carolina $122,811,620
South Dakota $20,201,430
Tennessee $233,515,925
Texas $543,148,021
Utah $42,281,420
Vermont $27,033,142
Virgin Islands $416,332
Virginia $143,436,753
Washington $199,131,541
West Virginia $63,879,139
Wisconsin $180,600,752
Wyoming $11,664,525
------------------------------------------------------------------------
Total $10,000,000,000
------------------------------------------------------------------------
``(c) Use of Funds.--Funds appropriated under this section may be
used by a State for services directed at the goals set forth in section
2001, subject to the requirements of this title.
``(d) Payment to States.--Not later than 30 days after amounts are
appropriated under subsection (a), in addition to any payment made
under section 2002 or 2007, the Secretary shall make a lump sum payment
to a State of the total amount of the allotment for the State as
specified in subsection (b).
``(e) Definition.--For purposes of this section, the term `State'
means the 50 States, the District of Columbia, and the territories
contained in the list under subsection (b).''.
(2) Repeal.--Effective as of October 1, 2005, section 2008
of the Social Security Act, as added by paragraph (1), is
repealed.
(c) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to determine the most appropriate data
and methodology to use to determine the Federal medical
assistance percentage for purposes of programs authorized under
the Social Security Act.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress on the study conducted
under paragraph (1).
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