[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).
                                 <all>