[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2288 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2288

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

                              June 2, 2003

 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, 2004, 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).
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