[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3952 Introduced in House (IH)]








109th CONGRESS
  1st Session
                                H. R. 3952

  To provide emergency health care relief for survivors of Hurricane 
                    Katrina, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2005

 Mr. Gingrey introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Ways and Means, the Budget, Government Reform, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 to medicare beneficiaries.
Sec. 106. Relief for hospitals located in a direct impact parish or 
                            county.
Sec. 107. Disaster relief fund.
Sec. 108. Emergency designation.
Sec. 109. Temporary waiver of medicaid IMD restriction for Katrina 
                            Survivors.
         TITLE II--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION

Sec. 201. Federal-State agreements.
Sec. 202. Temporary extended unemployment compensation account.
Sec. 203. Payments to States having agreements for the payment of 
                            temporary extended unemployment 
                            compensation.
Sec. 204. Financing provisions.
Sec. 205. Fraud and overpayments.
Sec. 206. Definitions.
Sec. 207. Applicability.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Disclosure based on valid authorization.
Sec. 302. Additional oversight funding for the Inspector General of the 
                            Department of Health and Human Services.
Sec. 303. Emergency procurement authority in support of Hurricane 
                            Katrina rescue and relief efforts.
Sec. 304. Allowing FEMA assistance for investor-owned hospitals.

                 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.--In this section, the 
term ``DRM-eligible Katrina Survivor'' means a Katrina Survivor who is 
otherwise eligible for medical assistance under the State Medicaid plan 
for the State in which the Survivor was residing as of the week 
described in section 101(3)(B).
    (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) Psychotherapy, rehabilitation and other 
                treatments administered by psychiatrists, 
                psychologists, or social workers for conditions 
                exacerbated by, or resulting from, Hurricane Katrina.
                    (D) In-patient mental health care.
                    (E) Family counseling for families where a member 
                of the immediate family is a first responder to 
                Hurricane Katrina or includes an individual who has 
                died as a result of Hurricane Katrina.
                    (F) 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) 90 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 90 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) 90 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 (b), 
        or a county of the State of Mississippi or Alabama described in 
        that subsection, shall be 90 percent.
            (2) Application to enhanced fmap.--The 90 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) 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 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. 106. 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. 107. 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. 108. 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).

SEC. 109. TEMPORARY WAIVER OF MEDICAID IMD RESTRICTION FOR KATRINA 
              SURVIVORS.

    The provisions of subdivision (B) following paragraph (28) of 
section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) shall 
not apply during the period beginning on August 28, 2005, and ending on 
December 31, 2006, to a Katrina survivor who requires services in an 
institution for mental disease and whose mental health needs were 
affected as a result of Hurricane Katrina.

         TITLE II--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION

SEC. 201. FEDERAL-STATE AGREEMENTS.

    (a) In General.--Any qualifying 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 qualifying 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 qualifying 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 202 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 qualifying 
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. 202. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.

    (a) In General.--Any agreement under this title shall provide that 
the qualifying 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. 203. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF 
              TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.

    (a) General Rule.--There shall be paid to each qualifying 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 qualifying State under this section in respect of any 
compensation to the extent the qualifying 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 qualifying 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 qualifying 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 qualifying 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. 204. 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 qualifying 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 qualifying 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 qualifying 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. 205. 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 qualifying 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. 206. DEFINITIONS.

    (a) In General.--In this title, except as provided in this section, 
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) Qualifying State.--In this title, the term ``qualifying State'' 
means Louisiana, Mississippi, and Alabama.

SEC. 207. 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 III--MISCELLANEOUS PROVISIONS

SEC. 301. 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. 302. 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. 303. 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.

SEC. 304. ALLOWING FEMA ASSISTANCE FOR INVESTOR-OWNED HOSPITALS.

    (a) In General.--Section 102(9) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(9)) is amended by 
inserting before the period at the end the following: ``and includes a 
for-profit hospital''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as of August 28, 2005.
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