[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 566 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 566
To amend title XIX of the Social Security Act to require the prorating
of Medicaid beneficiary contributions in the case of partial coverage
of nursing facility services during a month.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2001
Mr. Andrews introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to require the prorating
of Medicaid beneficiary contributions in the case of partial coverage
of nursing facility services during a month.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRORATING MEDICAID BENEFICIARY CONTRIBUTIONS FOR PARTIAL
COVERAGE OF NURSING FACILITY SERVICES DURING A MONTH.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended by adding at the end the following new subsection:
``(cc) Notwithstanding any other provision of this title, in the
case of an individual who is entitled to medical assistance for nursing
facility services under this title in a month but who is not receiving
such services during the entire month, the amount of any contribution
required of the individual during such month with respect to payment
for such services shall be pro-rated to reflect the fraction of the
month during which the individual is receiving such services.''.
(b) Technical Amendments.--
(1) Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 702(b) of the Medicare, Medicaid,
and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554), is
amended by redesignating the subsection (aa) added by such
section as subsection (bb).
(2) Section 1902(a)(15) of such Act (42 U.S.C.
1396a(a)(15)), as added by section 702(a)(2) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (as so enacted into law), is amended by striking
``subsection (aa)'' and inserting ``subsection (bb)''.
(3) Section 1915(b) of such Act (42 U.S.C. 1396n(b)), as
amended by section 702(c)(2) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as so
enacted into law), is amended by striking ``1902(aa)'' and
inserting ``1902(bb)''.
(c) Effective Dates.--(1) Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to calendar quarters
beginning on or after January 1, 2002, without regard to whether or not
final regulations to carry out such amendment have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendment made by subsection (a), the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature.
(3) The amendments made by subsection (b) shall take effect as if
included in the enactment of section 702 of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554).
<all>