[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1716 Placed on Calendar Senate (PCS)]
Calendar No. 214
109th CONGRESS
1st Session
S. 1716
To provide emergency health care relief for survivors of Hurricane
Katrina, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2005
Mr. Grassley (for himself, Mr. Baucus, Mr. Cochran, Ms. Landrieu, Mrs.
Lincoln, Mr. Pryor, and Mr. Smith) introduced the following bill; which
was read the first time
September 19, 2005
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide emergency health care relief for survivors of Hurricane
Katrina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Health
Care Relief Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY HEALTH CARE RELIEF
Sec. 101. Definitions.
Sec. 102. Disaster relief medicaid.
Sec. 103. Targeted medicaid relief for direct impact parishes and
counties.
Sec. 104. Authority to waive requirements during national emergencies
with respect to evacuees from an emergency
area.
Sec. 105. Emergency assistance for States with respect to the Federal
medical assistance percentage for fiscal
year 2006.
Sec. 106. Emergency assistance to medicare beneficiaries.
Sec. 107. Relief for hospitals located in a direct impact parish or
county.
Sec. 108. Disaster relief fund.
Sec. 109. Emergency designation.
TITLE II--TANF RELIEF
Sec. 201. Reimbursement of States for TANF benefits provided to assist
families from other States affected by
Hurricane Katrina.
Sec. 202. Increase in amount of additional TANF funds available for
hurricane-damaged States.
Sec. 203. Rules for receipt of Hurricane Katrina emergency TANF
benefits and application to child support
requirements.
Sec. 204. Emergency designation.
TITLE III--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 301. Federal-State agreements.
Sec. 302. Temporary extended unemployment compensation account.
Sec. 303. Payments to States having agreements for the payment of
temporary extended unemployment
compensation.
Sec. 304. Financing provisions.
Sec. 305. Fraud and overpayments.
Sec. 306. Definitions.
Sec. 307. Applicability.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Disclosure based on valid authorization.
Sec. 402. Additional oversight funding for the Inspector General of the
Department of Health and Human Services.
Sec. 403. Emergency procurement authority in support of Hurricane
Katrina rescue and relief efforts.
TITLE I--EMERGENCY HEALTH CARE RELIEF
SEC. 101. DEFINITIONS.
In this title:
(1) Direct impact parish or county.--
(A) In general.--The term ``direct impact parish or
county'' means a parish in the State of Louisiana, or a
county in the State of Mississippi or Alabama, for
which a major disaster has been declared in accordance
with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) as
a result of Hurricane Katrina and which the President
has determined, before September 14, 2005, warrants
individual and public assistance from the Federal
Government under such Act.
(B) Exclusion.--Such term does not include a parish
in the State of Louisiana or a county in the State of
Mississippi or Alabama which the President has
determined warrants only public assistance from the
Federal Government under such Act as a result of
Hurricane Katrina.
(C) Authority to rely on website posted
designations.--The Secretary of Health and Human
Services shall post on the Internet website for the
Centers for Medicare & Medicaid Services a list of
parishes and counties identified as direct impact
parishes or counties in accordance with this paragraph.
Any such parish or county that is posted on such
website as a direct impact parish or county shall be
treated for purposes of subparagraph (A) as described
in such subparagraph.
(2) DRM coverage period.--
(A) In general.--The term ``DRM coverage period''
means the period beginning on August 28, 2005, and,
subject to subparagraph (B), ending on the date that is
5 months after the date of enactment of this Act.
(B) Presidential authority to extend drm coverage
period.--
(i) In general.--The President may extend
the DRM coverage period for an additional 5
months. Any reference to the term ``DRM
coverage period'' in this title shall include
any extension under this clause.
(ii) Notice to congress and states.--The
President shall notify the Majority and
Minority Leaders of the Senate, the Speaker of
the House of Representatives, the Minority
Leader of the House of Representatives, the
Chairs and Ranking Members of the Committee on
Finance of the Senate and the Committees on
Energy and Commerce and Ways and Means of the
House of Representatives, and the States at
least 30 days prior to--
(I) extending the DRM coverage
period; or
(II) if the President determines
not to extend such period, the ending
date described in subparagraph (A).
(3) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means an individual who is described in subparagraph
(B) or (C).
(B) Residents and evacuees of direct impact
parishes and counties.--An individual who, on any day
during the week preceding August 28, 2005, had a
primary residence in a direct impact parish or county.
(C) Individuals who lost employment.--An individual
whose--
(i) worksite, on any day during the week
preceding August 28, 2005, was located in a
direct impact parish or county; and
(ii) employment with an employer which
conducted an active trade or business on August
28, 2005, in a direct impact parish or county
and with respect to whom such trade or business
is inoperable on any day after August 28, 2005,
and before January 1, 2006, as a result of
damage sustained in connection with Hurricane
Katrina, is terminated.
(D) Treatment of current medicaid beneficiaries.--
Nothing in this title shall be construed as preventing
an individual who is otherwise entitled to medical
assistance under title XIX of the Social Security Act
from being treated as a Katrina Survivor under this
title.
(E) Treatment of homeless persons.--For purposes of
this title, in the case of an individual who was
homeless on any day during the week described in
subparagraph (B), the individual's ``residence'' shall
be deemed to be the place of residence as otherwise
determined for such an individual under title XIX of
the Social Security Act.
(4) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 2110(c)(5) of the Social
Security Act (42 U.S.C. 1397jj(c)(5)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C 1396 et seq.).
SEC. 102. DISASTER RELIEF MEDICAID.
(a) Authority To Provide Disaster Relief Medicaid.--Notwithstanding
any provision of title XIX of the Social Security Act, a State shall,
as a condition of participation in the Medicaid program established
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
provide medical assistance to DRM-eligible Katrina Survivors (as
defined in subsection (b)) under a State medicaid plan established
under such title during the DRM coverage period in accordance with the
following provisions of this section and without submitting an
amendment to the State Medicaid plan. Such assistance shall be referred
to as ``DRM assistance''.
(b) DRM-Eligible Katrina Survivor Defined.--
(1) In general.--In this section, the term ``DRM-eligible
Katrina Survivor'' means a Katrina Survivor whose family income
does not exceed the higher of--
(A) 100 percent (200 percent, in the case of such a
Survivor who is a pregnant woman, child, or a recipient
of disability benefits under section 223 of the Social
Security Act) of the poverty line; or
(B) the income eligibility standard which would
apply to the Survivor under the State Medicaid plan.
(2) No resources, residency, or categorical eligibility
requirements.--Eligibility under paragraph (1) shall be
determined without application of any resources test, State
residency, or categorical eligibility requirements.
(3) Income determination.--
(A) Least restrictive income methodologies.--The
State shall use the least restrictive methodologies
applied under the State medicaid plan under section
1902(r)(2) of the Social Security Act (42 U.S.C.
1396a(r)(2)) in determining income eligibility for
Katrina Survivors under paragraph (1).
(B) Disregard of ui benefits.--In determining such
income eligibility, the State shall disregard any
amount received under a law of the United States or of
a State which is in the nature of unemployment
compensation by a Katrina Survivor during the DRM
coverage period.
(4) Definition of child.--For purposes of paragraph (1), a
DRM-eligible Katrina Survivor shall be determined to be a
``child'' in accordance with the definition of ``child'' under
the State Medicaid plan.
(c) Eligibility Determination; No Continuation of DRM Assistance.--
(1) Streamlined eligibility process.--The State shall use
the following streamlined procedures in processing applications
and determining eligibility for DRM assistance for DRM-eligible
Katrina Survivors:
(A) A common 1-page application form developed by
the Secretary of Health and Human Services in
consultation with the National Association of State
Medicaid Directors. Such form shall--
(i) require an applicant to provide an
expected address for the duration of the DRM
coverage period and to agree to update that
information if it changes during such period;
(ii) include notice regarding the penalties
for making a fraudulent application under
subsection (h);
(iii) require the applicant to assign to
the State any rights of the applicant (or any
other person who is a DRM-eligible Katrina
Survivor and on whose behalf the applicant has
the legal authority to execute an assignment of
such rights) under any group health plan or
other third-party coverage for health care; and
(iv) require the applicant to list any
health insurance coverage which the applicant
was enrolled in immediately prior to submitting
such application.
(B) Self-attestation by the applicant that the
applicant--
(i) is a DRM-eligible Katrina Survivor; and
(ii) if applicable, requires home and
community-based services provided under such
DRM assistance in accordance with subsection
(d)(3).
(C) No requirement for documentation evidencing the
basis on which the applicant qualifies to be a DRM-
eligible Katrina Survivor or, if applicable, requires
home and community-based services.
(D) Issuance of a DRM assistance eligibility card
to an applicant who completes such application,
including the self-attestation required under
subparagraph (B). Such card shall be valid as long as
the DRM coverage period is in effect and shall be
accompanied by notice of the termination date for the
DRM coverage period and, if applicable, notice that
such termination date may be extended. If the President
extends the DRM coverage period, the State shall notify
DRM-eligible Katrina Survivors enrolled in DRM
assistance of the new termination date for the DRM
coverage period.
(E) If an applicant completes the application and
presents it to a provider or facility participating in
the State medicaid plan that is qualified to make
presumptive eligibility determinations under such plan
(which at a minimum shall consist of facilities
identified in section 1902(a)(55) of the Social
Security Act (42 U.S.C. 1396a(a)(55)) and it appears to
the provider that the applicant is a DRM-eligible
Katrina Survivor based on the information in the
application, the applicant will be deemed to be a DRM-
eligible Katrina Survivor eligible for DRM assistance
in accordance with this section, subject to subsection
(g).
(F) Continuous eligibility, without the need for
any redetermination of eligibility, for the duration of
the DRM coverage period.
(2) No continuation of drm assistance.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), no DRM assistance shall be
provided after the end of the DRM coverage period.
(B) Presumptive eligibility.--In the case of any
DRM-eligible Katrina Survivor who is receiving DRM
assistance from a State in accordance with this section
and who, as of the end of the DRM coverage period, has
an application pending for medical assistance under the
State medicaid plan for periods beginning after the end
of such period, the State shall provide such Survivor
with a period of presumptive eligibility for medical
assistance under the State Medicaid plan (not to exceed
60 days) until a determination with respect to the
Survivor's application has been made.
(C) Pregnant women.--In the case of a DRM-eligible
Katrina Survivor who is receiving DRM assistance from a
State in accordance with this section and whose
pregnancy ended during the 60-day period prior to the
end of the DRM coverage period, or who is pregnant as
of the end of such period, such Survivor shall continue
to be eligible for DRM assistance after the end of the
DRM coverage period, including (but not limited to) for
all pregnancy-related and postpartum medical assistance
available under the State Medicaid plan, through the
end of the month in which the 60-day period (beginning
on the last day of her pregnancy) ends.
(3) Treatment of katrina survivors provided assistance
prior to date of enactment.--Any Katrina Survivor who is
provided medical assistance under a State medicaid plan in
accordance with guidance from the Secretary during the period
that begins on August 28, 2005, and ends on the date of
enactment of this Act shall be treated as a DRM-eligible
Katrina Survivor, without the need to file an additional
application, for purposes of eligibility for DRM assistance
under this section.
(d) Scope of Coverage.--
(1) Categorically needy benefits.--The State shall treat a
DRM-eligible Katrina Survivor as an individual eligible for
medical assistance under the State plan under title XIX of the
Social Security Act on the basis of section 1902(a)(10)(A)(i)
of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with
coverage for such assistance retroactive to items and services
furnished on or after August 28, 2005 (or in the case of
applications for DRM assistance submitted after January 1 2006,
the first day of the 5th month preceding the date on which such
application is submitted).
(2) Extended mental health and care coordination
benefits.--The State may provide, without regard to any
restrictions on amount, duration, and scope, comparability, or
restrictions otherwise applicable under the State medicaid plan
(other than restrictions applicable under such plan with
respect to services provided in an institution for mental
diseases), to DRM-eligible Katrina Survivors extended mental
health and care coordination benefits which may include the
following:
(A) Screening, assessment, and diagnostic services
(including specialized assessments for individuals with
cognitive impairments).
(B) Coverage for a full range of mental health
medications at the dosages and frequencies prescribed
by health professionals for depression, post-traumatic
stress disorder, and other mental disorders.
(C) Treatment of alcohol and substance abuse
determined to result from circumstances related to
Hurricane Katrina.
(D) Psychotherapy, rehabilitation and other
treatments administered by psychiatrists,
psychologists, or social workers for conditions
exacerbated by, or resulting from, Hurricane Katrina.
(E) In-patient mental health care.
(F) Family counseling for families where a member
of the immediate family is a Katrina Survivor or first
responder to Hurricane Katrina or includes an
individual who has died as a result of Hurricane
Katrina.
(G) In connection with the provision of health and
long-term care services, arranging for, (and when
necessary, enrollment in waiver programs or other
specialized programs), and coordination related to,
primary and specialty medical care, which may include
personal care services, durable medical equipment and
supplies, assistive technology, and transportation.
(3) Home and community-based services.--
(A) In general.--In the case of a State with a
waiver to provide home and community-based services
granted under section 1115 of the Social Security Act
or under subsection (c) or (d) of section 1915 of such
Act, the State may provide such services to DRM-
eligible Katrina Survivors who self-attest in
accordance with subsection (c)(1)(B)(ii) that they
require immediate home and community-based services
that are available under such waiver without regard to
whether the Survivors would require the level of care
provided in a hospital, nursing facility, or
intermediate care facility for the mentally retarded,
including to DRM-eligible Katrina Survivors who are
individuals described in subparagraph (B).
(B) Individuals described.--Individuals described
in this subparagraph are individuals who--
(i) on any day during the week preceding
August 28, 2005--
(I) had been receiving home and
community-based services under a waiver
described in subparagraph (A) in a
direct impact parish or county;
(II) had been receiving support
services from a primary family
caregiver who, as a result of Hurricane
Katrina, is no longer available to
provide services; or
(III) had been receiving personal
care, home health, or rehabilitative
services under the State medicaid plan
or under a waiver granted under section
1915 or 1115 of the Social Security
Act; or
(ii) are disabled (as determined under the
State medicaid plan).
(C) Waiver of restrictions.--The Secretary shall
waive with respect to the provision of home and
community-based services under this paragraph any
limitations on--
(i) the number of individuals who shall
receive home or community-based services under
a waiver described in subparagraph (A);
(ii) budget neutrality requirements
applicable to such waiver; and
(iii) targeted populations eligible for
services under such waiver.
The Secretary may waive other restrictions applicable
under such a waiver, that would prevent a State from
providing home and community-based services in
accordance with this paragraph.
(4) Children born to pregnant women.--In the case of a
child born to a DRM-eligible Katrina Survivor who is provided
DRM assistance during the DRM coverage period, such child shall
be treated as having been born to a pregnant woman eligible for
medical assistance under the State medicaid plan and shall be
eligible for medical assistance under such plan in accordance
with section 1902(e)(4) of the Social Security Act (42 U.S.C.
1396a(e)(4)). The Federal medical assistance percentage
applicable to the State medicaid plan shall apply to medical
assistance provided to a child under such plan in accordance
with the preceding sentence.
(e) Termination of Coverage; Assistance With Applying for Regular
Medicaid Coverage.--
(1) Notice of expected termination of drm coverage
period.--A State shall provide DRM-eligible Katrina Survivors
who are receiving DRM assistance from the State in accordance
with this section, as of the beginning of the 4th month (and,
if applicable, 9th month) of the DRM coverage period with--
(A) notice of the expected termination date for DRM
assistance for such period;
(B) information regarding eligibility for medical
assistance under the State's eligibility rules
otherwise applicable under the State medicaid plan; and
(C) an application for such assistance and
information regarding where to obtain assistance with
completing such application in accordance with
paragraph (2).
(2) Application assistance.--A State shall provide DRM-
eligible Katrina Survivors who are receiving DRM assistance
from the State in accordance with this section with assistance
in applying for medical assistance under the State medicaid
plan for periods beginning after the end of the DRM coverage
period, at State Medicaid offices and at locations easily
accessible to such Survivors.
(3) State reports.--A State providing DRM assistance in
accordance with this section shall submit to the Secretary the
following reports:
(A) Termination and transition assistance to
regular medicaid coverage for drm-eligible katrina
survivors eligible for such assistance.--A report
detailing how the State intends to satisfy the
requirements of paragraphs (1) and (2).
(B) Enrollment.--Reports regarding--
(i) the number of Katrina Survivors who are
determined to be DRM-eligible Katrina
Survivors; and
(ii) the number of DRM-eligible Katrina
Survivors who are determined to be eligible
for, and enrolled in, the State medicaid plan.
(4) Secretarial oversight.--The Secretary of Health and
Human Services shall ensure that a State is complying with the
requirements of paragraphs (1) and (2) and that applications
for medical assistance under the State medicaid plan from DRM-
eligible Katrina Survivors for periods beginning after the end
of the DRM coverage period are processed in a timely and
appropriate manner.
(5) No private right of action against a state for failure
to provide notice.--No private right of action shall be brought
against a State for failure to provide the notices required
under paragraph (1) or subsection (c)(1) so long as the State
makes a good faith effort to provide such notices.
(f) 100 Percent Federal Matching Payments.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b), the Federal medical
assistance percentage or the Federal matching rate otherwise
applied under section 1903(a) of such Act (42 U.S.C. 1396b(a))
shall be 100 percent for--
(A) providing DRM assistance to DRM-eligible
Katrina Survivors during the DRM coverage period in
accordance with this section;
(B) costs directly attributable to administrative
activities related to the provision of such DRM
assistance, including costs attributable to obtaining
recoveries under subsection (h);
(C) costs directly attributable to providing
application assistance in accordance with subsection
(e)(2); and
(D) DRM assistance provided in accordance with
subparagraph (B) or (C) of subsection (c)(2) after the
end of the DRM coverage period.
(2) Disregard of payments.--Payments provided to a State in
accordance with this subsection shall be disregarded for
purposes of applying subsections (f) and (g) of section 1108 of
the Social Security Act (42 U.S.C. 1308).
(g) Verification of Status as a Katrina Survivor.--
(1) In general.--The State shall make a good faith effort
to verify the status of an individual who is enrolled in the
State Medicaid plan as a DRM-eligible Katrina Survivor under
the provisions of this section. Such effort shall not delay the
determination of the eligibility of the Survivor for DRM
assistance under this section.
(2) Evidence of verification.--A State may satisfy the
verification requirement under subparagraph (A) with respect to
an individual by showing that the State providing DRM
assistance obtained information from the Social Security
Administration, the Internal Revenue Service, or the State
Medicaid Agency for the State from which individual is from (if
the individual was not a resident of such State on any day
during the week preceding August 28, 2005).
(h) Penalty for Fraudulent Applications.--
(1) Individual liable for costs.--If a State, as the result
of verification activities conducted under subsection (g) or
otherwise, determines after a fair hearing that an individual
has knowingly made a false self-attestation described in
subsection (c)(1)(B), the State may, subject to paragraph (2),
seek recovery from the individual for the full amount of the
cost of DRM assistance provided to the individual under this
section.
(2) Exception.--The Secretary shall exempt a State from
seeking recovery under paragraph (1) if the Secretary
determines that it would not be cost-effective for the State to
do so.
(3) Reimbursement to the federal government.--Any amounts
recovered by a State in accordance with this subsection shall
be returned to the Federal government.
(i) Exemption From Error Rate Penalties.--All payments attributable
to providing DRM assistance in accordance with this section shall be
disregarded for purposes of section 1903(u) of the Social Security Act
(42 U.S.C. 1396b(u)).
(j) Provider Payment Rates.--In the case of any DRM assistance
provided in accordance with this section to a DRM-eligible Katrina
Survivor that is covered under the State medicaid plan (as applied
without regard to this section) the State shall pay a provider of such
assistance the same payment rate as the State would otherwise pay for
the assistance if the assistance were provided under the State medicaid
plan (or, if no such payment rate applies under the State medicaid
plan, the usual and customary prevailing rate for the item or service
for the community in which it is provided).
(k) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights
accorded to an individual who is a recipient of medical assistance
under a State medicaid plan who is determined to be a DRM-eligible
Katrina Survivor but the provision of DRM assistance to such individual
shall be limited to the provision of such assistance in accordance with
this section.
SEC. 103. TARGETED MEDICAID RELIEF FOR DIRECT IMPACT PARISHES AND
COUNTIES.
(a) 100 Percent Federal Matching Payments for Medical Assistance
Provided in Direct Impact Parish or County.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), for items and
services furnished during the period that begins on August 28,
2005, and ends on December 31, 2006, the Federal medical
assistance percentage for providing medical assistance under a
State medicaid plan under title XIX of the Social Security Act
to any individual, including a Katrina Survivor, residing in a
parish of the State of Louisiana described in subsection (c),
or a county of the State of Mississippi or Alabama described in
that subsection, shall be 100 percent.
(2) Application to enhanced fmap.--The 100 percent Federal
medical assistance percentage applicable under subsection (a)
shall also apply for purposes of determining the enhanced FMAP
(as defined in section 2105(b) of the Social Security Act (42
U.S.C. 1397ee(b)) for child health assistance provided under a
State child health plan under title XXI of such Act in such a
parish or county during the period described in such
subsection.
(b) Moratorium on Redeterminations.--During the DRM coverage
period, the States of Louisiana, Mississippi, and Alabama shall not be
required to conduct eligibility redeterminations under the State's
medicaid plan.
(c) Parish or County Described.--For purposes of subsection (a), a
parish or county described in this subsection is a parish or county for
which a major disaster has been declared in accordance with section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) as a result of Hurricane Katrina and which the
President has determined, as of September 14, 2005, warrant individual
or public assistance from the Federal Government under such Act.
SEC. 104. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL EMERGENCIES
WITH RESPECT TO EVACUEES FROM AN EMERGENCY AREA.
(a) In General.--Section 1135(g)(1) of the Social Security Act (42
U.S.C. 1320b-5(g)(1)) is amended by adding at the end the following:
``Any geographical area in which the Secretary determines there
are a significant number of evacuees from an area that is
considered to be an emergency area under the preceding sentence
shall be considered to be an `emergency area' for purposes of
this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on August 28, 2005.
SEC. 105. EMERGENCY ASSISTANCE FOR STATES WITH RESPECT TO THE FEDERAL
MEDICAL ASSISTANCE PERCENTAGE FOR FISCAL YEAR 2006.
If the Federal medical assistance percentage (as defined in section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))) determined for
a State for fiscal year 2006 is less than the Federal medical
assistance percentage determined for the State for fiscal year 2005,
the Federal medical assistance percentage for the State for fiscal year
2005 shall apply to the State for fiscal year 2006 for purposes of
titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq.,
1397aa et seq.).
SEC. 106. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.
(a) Exclusion of DRM Coverage Period in Computing Medicare Part B
Late Enrollment Period.--In applying the first sentence of section
1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) in the case of
an individual who, on any day during the week preceding August 28,
2005, had a residence in a direct impact parish or county, there shall
not be taken into account any month any part of which is within the DRM
coverage period.
(b) Written Plan on Transition of Certain Full-Benefit Dual
Eligible Individuals to Prescription Drug Coverage under Medicare Part
D.--Not later than October 7, 2005, the Secretary of Health and Human
Services shall submit to Congress a written plan on how the Secretary
will provide for the transition of coverage of prescription drugs for
full-benefit dual eligible individuals (as defined in section
1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) who, on
any day during the week preceding August 28, 2005, had a residence in a
direct impact parish or county, from the medicaid program under title
XIX of such Act to the medicare program under part D of title XVIII of
such Act.
SEC. 107. RELIEF FOR HOSPITALS LOCATED IN A DIRECT IMPACT PARISH OR
COUNTY.
(a) Increase in Medicare Payments to Hospitals for Bad Debt.--
During the DRM coverage period, section 1861(v)(1)(T)(iv) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(T)(iv)) shall be applied by
substituting ``0 percent'' for ``30 percent'' with respect to--
(1) a hospital located in a direct impact parish or county;
and
(2) any other hospital, but only to the extent that the bad
debt is related to items and services furnished to an
individual who, on any day during the week preceding August 28,
2005, had a residence in a direct impact parish or county.
(b) Waiver of Certain Medicare Quality Reporting Requirements for
Hospitals.--During the DRM coverage period, section 1886(b)(3)(B)(vii)
of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)) shall not
apply to a hospital that is located in a direct impact parish or
county.
SEC. 108. DISASTER RELIEF FUND.
(a) Establishment.--There is established on the books of the
Treasury the Disaster Relief Fund (in this subsection referred to as
the ``Fund'') which--
(1) shall be administered by the Secretary of Health and
Human Services (in this subsection referred to as the
``Secretary''); and
(2) shall consist of amounts made available under
subsection (f).
(b) Use of Amounts in Fund.--Amounts in the Fund shall be used by
the Secretary for the following:
(1) Payments to providers.--The Secretary shall make
payments directly to medicaid providers described in subsection
(c) to offset costs incurred by such providers as a result of
Hurricane Katrina.
(2) Payments for private health insurance coverage.--The
Secretary shall make payments to State insurance commissioners
for the purpose of making payments to health insurance
issuers--
(A) on behalf of individuals that would otherwise
qualify for DRM assistance from the State under section
102 for such individual's share of their health
insurance premium; and
(B) on behalf of qualified employers for the
employer share of their employee's health insurance
premiums, but only with respect to the days on which
the employer meets the definition under subsection (d).
(c) Medicaid Providers Described.--For purposes of subsection
(b)(1), medicaid providers described in this paragraph are--
(1) any provider under title XIX of the Social Security
Act) that, during a period after August 28, 2005, as determined
by the Secretary--
(A) that has a significant increase (as determined
by the Secretary of Health and Human Services) in the
percentage of patients who are eligible for medical
assistance under a State plan approved under title XIX
of the Social Security Act or provided with
uncompensated care; or
(B) that experiences a significant drop in patient
caseload (as determined by the Secretary); and
(2) any other provider determined appropriate by the
Secretary.
(d) Qualified Employer Defined.--For purposes of subsection (b)(2),
the term ``qualified employer'' means any employer--
(1) which conducted an active trade or business on August
28, 2005, in a Hurricane Katrina disaster area; and
(2)(A) with respect to whom the trade or business described
in subparagraph (A) is inoperable on any day during the DRM
coverage period as a result of damage sustained in connection
with Hurricane Katrina; or
(B) with respect to whom the trade or business described in
subparagraph (A) is not paying salary or benefits to employees
on any day during the DRM coverage period as a result of damage
sustained in connection with Hurricane Katrina.
(e) Expediting Implementation.--The Secretary shall promulgate
regulations to carry out this section which may be effective and final
immediately on an interim basis as of the date of publication of the
interim final regulation. If the Secretary provides for an interim
final regulation, the Secretary shall provide for a period of public
comments on such regulation after the date of publication. The
Secretary may change or revise such regulation after completion of the
period of public comment.
(f) Appropriation.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated to the Fund $800,000,000 for fiscal
year 2005, to remain available until expended.
SEC. 109. EMERGENCY DESIGNATION.
Each amount provided in this title is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
TITLE II--TANF RELIEF
SEC. 201. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST
FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.
(a) In General.--Section 3 of the TANF Emergency Response and
Recovery Act of 2005 is amended to read as follows:
``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST
FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA.
``(a) Eligibility for Payments From the Contingency Fund.--
``(1) Period of applicability.--Beginning with August 29,
2005, and ending with September 30, 2006, a State described in
paragraph (2) or (3) shall be considered a needy State for
purposes of section 403(b) of the Social Security Act.
``(2) Direct impact states.--A State described in this
paragraph is Louisiana, Mississippi, or Alabama.
``(3) Other states.--A State is described in this paragraph
if the State provides any benefit or service that may be
provided under the State program funded under part A of title
IV of the Social Security Act to a family which--
``(A) has resided in a direct impact State; and
``(B) has travelled (not necessarily directly) to
the State from such direct impact State as a result of
the hurricane.
``(b) Monthly Payments.--
``(1) In general.--Notwithstanding section 403(b)(3)(C)(i)
of the Social Security Act, the total amount paid during a
month to a State described in--
``(A) subsection (a)(2), shall not exceed \1/4\ of
20 percent of the State family assistance grant; and
``(B) subsection (a)(3), shall not exceed the
lesser of--
``(i) total amount of benefits or services
provided under the State program funded under
part A of title IV of the Social Security Act
to families described in subsection (a)(3); or
``(ii) \1/4\ of 20 percent of the State
family assistance grant.
``(c) No State Match or Maintenance of Effort Required.--Sections
403(b)(6) and 409(a)(10) of the Social Security Act shall not apply
with respect to a payment made to a State by reason of this section.
``(d) Increase in Funding to the Extent Necessary.--During the
period described in subsection (a)(1), section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)) shall be applied without regard to
the limitation on the total amount specified in that section.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 202. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS AVAILABLE FOR
HURRICANE-DAMAGED STATES.
(a) In General.--Section 4 of the TANF Emergency Response and
Recovery Act of 2005 is amended--
(1) in subsection (a)(2), by striking ``20 percent'' and
inserting ``40 percent''; and
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``(at any time during or after the period
described in section 3(a)(1))'' after ``may not be imposed''.
(b) Retroactive Effective Date.--The amendments made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 203. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY TANF
BENEFITS AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.
(a) In General.--Section 6 of the TANF Emergency Response and
Recovery Act of 2005 is amended to read as follows:
``SEC. 6. RULES OF RECEIPT OF HURRICANE KATRINA EMERGENCY TANF BENEFITS
AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.
``(a) In General.--During the period described in section 3(a)(1),
a recipient of Hurricane Katrina Emergency TANF Benefits provided by a
State described in paragraph (2) or (3) of section 3(a), or by an
Indian tribe under a tribal family assistance plan approved under
section 412 of the Social Security Act (42 U.S.C. 612), shall not be
considered assistance for purposes of sections 407, paragraphs (2),
(3), or (7) of section 408(a), or section 454(29) of the Social
Security Act (42 U.S.C. 607, 608(a), 654(29)).
``(b) Hurricane Katrina Emergency TANF Benefits.--For purposes of
subsection (a), the term ``Hurricane Katrina Emergency TANF Benefits''
means any benefit or service that may be provided under a State or
tribal program funded under part A of title IV of the Social Security
Act to support--
``(1) families described in section 3(a)(3); and
``(2) families residing in a direct impact State which the
State deems to be needy families based on their statement,
circumstance, or inability to access resources.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of the TANF
Emergency Response and Recovery Act of 2005.
SEC. 204. EMERGENCY DESIGNATION.
Each amount provided in this title is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
TITLE III--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 301. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (in this title referred to as the ``Secretary''). Any State which
is a party to an agreement under this title may, upon providing 30
days' written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary extended unemployment compensation to individuals who--
(1) exhausted all rights to regular compensation under the
State law or under Federal law after August 27, 2005;
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law; and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this title--
(1) the amount of temporary extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary extended unemployment
compensation and the payment thereof, except--
(A) that an individual shall not be eligible for
temporary extended unemployment compensation under this
title unless, in the base period with respect to which
the individual exhausted all rights to regular
compensation under the State law, the individual had 20
weeks of full-time insured employment or the equivalent
in insured wages, as determined under the provisions of
the State law implementing section 202(a)(5) of the
Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note); and
(B) where otherwise inconsistent with the
provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to
carry out this title; and
(3) the maximum amount of temporary extended unemployment
compensation payable to any individual for whom a temporary
extended unemployment compensation account is established under
section 302 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of temporary
extended unemployment compensation in lieu of extended compensation to
individuals who otherwise meet the requirements of this section. Such
an election shall not require a State to trigger off an extended
benefit period.
SEC. 302. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this title shall provide that
the State will establish, for each eligible individual who files an
application for temporary extended unemployment compensation, a
temporary extended unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 100 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
SEC. 303. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this title an amount equal to 100
percent of the temporary extended unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 304. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this title. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 305. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary extended unemployment compensation under this title
to which he was not entitled, such individual--
(1) shall be ineligible for further temporary extended
unemployment compensation under this title in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary extended unemployment compensation under this
title to which they were not entitled, the State shall require such
individuals to repay the amounts of such temporary extended
unemployment compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(1) the payment of such temporary extended unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary extended unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency
or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the temporary extended unemployment compensation to which they
were not entitled, except that no single deduction may exceed
50 percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 306. DEFINITIONS.
(a) In General.--In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``additional
compensation'', ``benefit year'', ``base period'', ``State'', ``State
agency'', ``State law'', and ``week'' have the respective meanings
given such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(b) State.--In this title, the term State means Louisiana,
Mississippi, and Alabama.
SEC. 307. APPLICABILITY.
An agreement entered into under this title shall apply to weeks of
unemployment--
(1) beginning after August 27, 2005; and
(2) ending before August 27, 2006.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. DISCLOSURE BASED ON VALID AUTHORIZATION.
(a) In General.--Section 223(d)(5) of the Social Security Act (42
U.S.C. 423(d)(5)) is amended by adding at the end the following:
``(C) Notwithstanding any other provision of law, if the
Commissioner of Social Security provides to a custodian of records a
copy, facsimile, or electronic version of an authorization obtained
from the individual to disclose records to the Commissioner, then such
custodian shall not be held liable under any applicable Federal or
State law for disclosing any record or other information in response to
such request, on the basis that the authorization relied upon was a
copy, facsimile, or electronic version of the authorization.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to disclosures of records or other information made on or
after the date of enactment of this Act.
SEC. 402. ADDITIONAL OVERSIGHT FUNDING FOR THE INSPECTOR GENERAL OF THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) Appropriation.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $5,000,000 to the Office of the
Inspector General of the Department of Health and Human Services to
carry out accounting, oversight, and audit and investigation activities
with respect to funds expended under the Temporary Assistance for Needy
Families, Medicare, Medicaid, and State Children's Health Insurance
Programs under titles IV-A, XVIII, XIX, and XXI of the Social Security
Act (42 U.S.C. 601 et seq., 1395 et seq., 1396 et seq., 1397aa et seq.)
to provide assistance to individuals who reside or resided in a direct
impact parish or county (as defined in section 101(1)).
(b) Report.--The Inspector General of the Department of Health and
Human Services shall submit a report to the Committee on Finance of the
Senate and the Committees on Ways and Means and Energy and Commerce of
the House of Representatives regarding the accounting, oversight, and
audit and investigation activities conducted with funds made available
under subsection (a).
SEC. 403. EMERGENCY PROCUREMENT AUTHORITY IN SUPPORT OF HURRICANE
KATRINA RESCUE AND RELIEF EFFORTS.
(a) Availability of Special Emergency Procurement Authority.--The
authority provided in subsection 32A of the Office of Federal
Procurement Policy Act (41 U.S.C. 428a) may be used with respect to any
procurement for property or services determined by the head of an
executive agency to be necessary for support of Hurricane Katrina
rescue and relief operations.
(b) Micro-Purchases.--
(1) Modified threshold.--Notwithstanding section 101(2) of
the Second Emergency Supplemental Appropriations Act to Meet
Immediate Needs Arising From the Consequences of Hurricane
Katrina, 2005 (Public Law 109-62), the amount specified in
subsections (c), (d), and (f) of the section 32 of the Office
of Federal Procurement Policy Act (41 U.S.C. 428) for purchases
necessary for support of Hurricane Katrina rescue and relief
operations shall be $50,000, or such an amount in excess of
$50,000, but not in excess of $250,000, as may be approved by
the head of the executive agency concerned (or any delegate of
the head of such executive agency, who shall be an officer or
employee of such executive agency who is a warranted
contracting officer for making Federal acquisitions).
(2) OMB guidance on use of government credit cards for
micro-purchases.--
(A) Guidance required.--Not later than 14 calendar
days after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall
issue clear and concise guidance regarding the use of
government credit cards by Federal agencies to make
micro-purchases under subsections (c), (d), and (f) of
section 32 of Office of Federal Procurement Policy Act
as modified by paragraph (1).
(B) Elements.--The guidance under paragraph (1)
shall include--
(i) a list of government officials with the
authority to approve purchases under paragraph
(1) in amounts in excess of $50,000, designated
by agency, title, and pay grade;
(ii) the number of credit cards, by agency,
that may be utilized for purchases under
paragraph (1) in amounts in excess of $50,000;
(iii) procedures for the immediate review
of any purchase under paragraph (1) in an
amount in excess of $50,000 that was not
approved by an official specified in that
paragraph as required by that paragraph; and
(iv) procedures for the audit of all
purchases made on government credit cards after
expiration of paragraph (1) under subsection
(c).
(3) Reports on purchases.--Not later than 180 days after
the date of the enactment of this Act, the head of each
executive agency making any purchase under paragraph (1) in an
amount in excess of $50,000 shall submit to the appropriate
Congressional committees a report on each such purchase made by
such agency, including--
(A) a description of the property or services so
purchased;
(B) a statement of the purpose of such purchase;
(C) a statement of the amount of such purchase; and
(D) a statement of the name, title, and pay grade
of the officer or employee of such agency making such
purchase.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate Congressional committees''
means--
(A) the Committees on Appropriations, Finance, and
Homeland Security and Governmental Affairs of the
Senate; and
(B) the Committees on Appropriations and Government
Reform of the House of Representatives.
(c) Expiration of Authority.--The authority in subsections (a) and
(b)(1) shall expire 180 days after the date of the enactment of this
Act.
(d) Repeal of Superseded Authority.--Section 101 of the Second
Emergency Supplemental Appropriations Act to Meet Immediate Needs
Arising From the Consequences of Hurricane Katrina, 2005 is repealed.
Calendar No. 214
109th CONGRESS
1st Session
S. 1716
_______________________________________________________________________
A BILL
To provide emergency health care relief for survivors of Hurricane
Katrina, and for other purposes.
_______________________________________________________________________
September 19, 2005
Read the second time and placed on the calendar