[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 312 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 312
_______________________________________________________________________
AN ACT
To amend title XXI of the Social Security Act to extend the
availability of allotments for fiscal years 1998 through 2001 under the
State Children's Health Insurance Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION OF AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL
YEARS 1998 THROUGH 2001.
(a) Extending Availability of SCHIP Allotments for Fiscal Years
1998 Through 2001.--
(1) Retained and redistributed allotments for fiscal years
1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section
2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are
each amended by striking ``fiscal year 2002'' and inserting
``fiscal year 2004''.
(2) Extension and revision of retained and redistributed
allotments for fiscal year 2000.--
(A) Permitting and extending retention of portion
of fiscal year 2000 allotment.--Paragraph (2) of such
section 2104(g) is amended--
(i) in the heading, by striking ``and
1999'' and inserting ``through 2000''; and
(ii) by adding at the end of subparagraph
(A) the following:
``(iii) Fiscal year 2000 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2000 that were not
expended by the State by the end of fiscal year
2002, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2004.''.
(B) Redistributed allotments.--Paragraph (1) of
such section 2104(g) is amended--
(i) in subparagraph (A), by inserting ``or
for fiscal year 2000 by the end of fiscal year
2002,'' after ``fiscal year 2001,'';
(ii) in subparagraph (A), by striking
``1998 or 1999'' and inserting ``1998, 1999, or
2000'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end
of subclause (I),
(II) by striking the period at the
end of subclause (II) and inserting ``;
or''; and
(III) by adding at the end the
following new subclause:
``(III) the fiscal year 2000
allotment, the amount specified in
subparagraph (C)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(C)(ii) for the State to the amount
specified in subparagraph (C)(iii).'';
(iv) in subparagraph (A)(ii), by striking
``or 1999'' and inserting ``, 1999, or 2000'';
(v) in subparagraph (B), by striking ``with
respect to fiscal year 1998 or 1999'';
(vi) in subparagraph (B)(ii)--
(I) by inserting ``with respect to
fiscal year 1998, 1999, or 2000,''
after ``subsection (e),''; and
(II) by striking ``2002'' and
inserting ``2004''; and
(vii) by adding at the end the following
new subparagraph:
``(C) Amounts used in computing redistributions for
fiscal year 2000.--For purposes of subparagraph
(A)(i)(III)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2000, less the
total amount remaining available pursuant to
paragraph (2)(A)(iii);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2000, 2001, and 2002 exceed the State's
allotment for fiscal year 2000 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2000, of the amounts
specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is
further amended--
(i) in its heading, by striking ``and
1999'' and inserting ``, 1999, and 2000''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year
1999'' and inserting ``, fiscal year
1999, or fiscal year 2000''; and
(II) by striking ``or November 30,
2001'' and inserting ``November 30,
2001, or November 30, 2002'',
respectively.
(3) Extension and revision of retained and redistributed
allotments for fiscal year 2001.--
(A) Permitting and extending retention of portion
of fiscal year 2001 allotment.--Paragraph (2) of such
section 2104(g), as amended in paragraph (2)(A)(ii), is
further amended--
(i) in the heading, by striking ``2000''
and inserting ``2001''; and
(ii) by adding at the end of subparagraph
(A) the following:
``(iv) Fiscal year 2001 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2003, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2005.''.
(B) Redistributed allotments.--Paragraph (1) of
such section 2104(g), as amended in paragraph (2)(B),
is further amended--
(i) in subparagraph (A), by inserting ``or
for fiscal year 2001 by the end of fiscal year
2003,'' after ``fiscal year 2002,'';
(ii) in subparagraph (A), by striking
``1999, or 2000'' and inserting ``1999, 2000,
or 2001'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end
of subclause (II),
(II) by striking the period at the
end of subclause (III) and inserting
``; or''; and
(III) by adding at the end the
following new subclause:
``(IV) the fiscal year 2001
allotment, the amount specified in
subparagraph (D)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(D)(ii) for the State to the amount
specified in subparagraph (D)(iii).'';
(iv) in subparagraph (A)(ii), by striking
``or 2000'' and inserting ``2000, or 2001'';
(v) in subparagraph (B)--
(I) by striking ``and'' at the end
of clause (ii);
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause
(ii) the following new clause:
``(iii) notwithstanding subsection (e),
with respect to fiscal year 2001, shall remain
available for expenditure by the State through
the end of fiscal year 2005; and''; and
(vi) by adding at the end the following new
subparagraph:
``(D) Amounts used in computing redistributions for
fiscal year 2001.--For purposes of subparagraph
(A)(i)(IV)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2001, less the
total amount remaining available pursuant to
paragraph (2)(A)(iv);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2001, 2002, and 2003 exceed the State's
allotment for fiscal year 2001 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2001, of the amounts
specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is
further amended--
(i) in its heading, by striking ``and
2000'' and inserting ``2000, and 2001''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year
2000'' and inserting ``fiscal year
2000, or fiscal year 2001''; and
(II) by striking ``or November 30,
2002,'' and inserting ``November 30,
2002, or November 30, 2003,'',
respectively.
(4) Effective date.--This subsection, and the amendments
made by this subsection, shall be effective as if this
subsection had been enacted on September 30, 2002, and amounts
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.) from allotments for fiscal years 1998 through 2000 are
available for expenditure on and after October 1, 2002, under
the amendments made by this subsection as if this subsection
had been enacted on September 30, 2002.
(b) Authority for Qualifying States To Use Portion of SCHIP Funds
for Medicaid Expenditures.--Section 2105 of the Social Security Act (42
U.S.C. 1397ee) is amended by adding at the end the following:
``(g) Authority for Qualifying States To Use Certain Funds for
Medicaid Expenditures.--
``(1) State option.--
``(A) In general.--Notwithstanding any other
provision of law, with respect to allotments for fiscal
years 1998, 1999, 2000, 2001, for fiscal years in which
such allotments are available under subsections (e) and
(g) of section 2104, a qualifying State (as defined in
paragraph (2)) may elect to use not more than 20
percent of such allotments (instead of for expenditures
under this title) for payments for such fiscal year
under title XIX in accordance with subparagraph (B).
``(B) Payments to states.--
``(i) In general.--In the case of a
qualifying State that has elected the option
described in subparagraph (A), subject to the
total amount of funds described with respect to
the State in subparagraph (A), the Secretary
shall pay the State an amount each quarter
equal to the additional amount that would have
been paid to the State under title XIX for
expenditures of the State for the fiscal year
described in clause (ii) if the enhanced FMAP
(as determined under subsection (b)) had been
substituted for the Federal medical assistance
percentage (as defined in section 1905(b)) of
such expenditures.
``(ii) Expenditures described.--For
purposes of clause (i), the expenditures
described in this clause are expenditures for
such fiscal years for providing medical
assistance under title XIX to individuals who
have not attained age 19 and whose family
income exceeds 150 percent of the poverty line.
``(iii) No impact on determination of
budget neutrality for waivers.--In the case of
a qualifying State that uses amounts paid under
this subsection for expenditures described in
clause (ii) that are incurred under a waiver
approved for the State, any budget neutrality
determinations with respect to such waiver
shall be determined without regard to such
amounts paid.
``(2) Qualifying state.--In this subsection, the term
`qualifying State' means a State that--
``(A) as of April 15, 1997, has an income
eligibility standard with respect to any 1 or more
categories of children (other than infants) who are
eligible for medical assistance under section
1902(a)(10)(A) or under a waiver under section 1115
implemented on January 1, 1994, that is up to 185
percent of the poverty line or above; and
``(B) satisfies the requirements described in
paragraph (3).
``(3) Requirements.--The requirements described in this
paragraph are the following:
``(A) SCHIP income eligibility.--The State has a
State child health plan that (whether implemented under
title XIX or this title)--
``(i) as of January 1, 2001, has an income
eligibility standard that is at least 200
percent of the poverty line or has an income
eligibility standard that exceeds 200 percent
of the poverty line under a waiver under
section 1115 that is based on a child's lack of
health insurance;
``(ii) subject to subparagraph (B), does
not limit the acceptance of applications for
children; and
``(iii) provides benefits to all children
in the State who apply for and meet eligibility
standards on a statewide basis.
``(B) No waiting list imposed.--With respect to
children whose family income is at or below 200 percent
of the poverty line, the State does not impose any
numerical limitation, waiting list, or similar
limitation on the eligibility of such children for
child health assistance under such State plan.
``(C) Additional requirements.--The State has
implemented at least 3 of the following policies and
procedures (relating to coverage of children under
title XIX and this title):
``(i) Uniform, simplified application
form.--With respect to children who are
eligible for medical assistance under section
1902(a)(10)(A), the State uses the same
uniform, simplified application form
(including, if applicable, permitting
application other than in person) for purposes
of establishing eligibility for benefits under
title XIX and this title.
``(ii) Elimination of asset test.--The
State does not apply any asset test for
eligibility under section 1902(l) or this title
with respect to children.
``(iii) Adoption of 12-month continuous
enrollment.--The State provides that
eligibility shall not be regularly redetermined
more often than once every year under this
title or for children described in section
1902(a)(10)(A).
``(iv) Same verification and
redetermination policies; automatic
reassessment of eligibility.--With respect to
children who are eligible for medical
assistance under section 1902(a)(10)(A), the
State provides for initial eligibility
determinations and redeterminations of
eligibility using the same verification
policies (including with respect to face-to-
face interviews), forms, and frequency as the
State uses for such purposes under this title,
and, as part of such redeterminations, provides
for the automatic reassessment of the
eligibility of such children for assistance
under title XIX and this title.
``(v) Outstationing enrollment staff.--The
State provides for the receipt and initial
processing of applications for benefits under
this title and for children under title XIX at
facilities defined as disproportionate share
hospitals under section 1923(a)(1)(A) and
Federally-qualified health centers described in
section 1905(l)(2)(B) consistent with section
1902(a)(55).''.
SEC. 2. TECHNICAL CORRECTION.
(a) Temporary Increase of the Medicaid FMAP.--Section 401(a)(6)(A)
of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public
Law 108-027) is amended by inserting ``after September 2, 2003,'' after
``(42 U.S.C. 1315))''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of section 401 of
the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law
108-027).
Passed the Senate June 26, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 312
_______________________________________________________________________
AN ACT
To amend title XXI of the Social Security Act to extend the
availability of allotments for fiscal years 1998 through 2001 under the
State Children's Health Insurance Program.