[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3971 Enrolled Bill (ENR)]
H.R.3971
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To extend medicare cost-sharing for qualifying individuals through
September 2007, to extend transitional medical assistance and the
program for abstinence education through December 2005, to provide
unemployment relief for States and individuals affected by 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.
This Act may be cited as the ``QI, TMA, and Abstinence Programs
Extension and Hurricane Katrina Unemployment Relief Act of 2005''.
TITLE I--HEALTH PROVISIONS
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``September 2005'' and inserting ``September 2007''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(D) for the period that begins on October 1, 2005, and
ends on December 31, 2005, the total allocation amount is
$100,000,000;
``(E) for the period that begins on January 1, 2006, and
ends on September 30, 2006, the total allocation amount is
$300,000,000;
``(F) for the period that begins on October 1, 2006, and
ends on December 31, 2006, the total allocation amount is
$100,000,000; and
``(G) for the period that begins on January 1, 2007, and
ends on September 30, 2007, the total allocation amount is
$300,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph (A),
by inserting ``, (D), or (F)'' after ``subparagraph (B)''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2005.
SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND
ABSTINENCE EDUCATION PROGRAM.
Effective as if enacted on September 30, 2005, activities
authorized by sections 510 and 1925 of the Social Security Act shall
continue through December 31, 2005, in the manner authorized for fiscal
year 2005, notwithstanding section 1902(e)(1)(A) of such Act, and out
of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be
necessary for such purpose. Grants and payments may be made pursuant to
this authority through the first quarter of fiscal year 2006 at the
level provided for such activities through the first quarter of fiscal
year 2005.
SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended--
(1) by striking the period at the end and inserting ``, as such
sections were in effect on the date of the enactment of this
part.''; and
(2) by adding at the end the following: ``Such term also does
not include a drug when used for the treatment of sexual or
erectile dysfunction, unless such drug were used to treat a
condition, other than sexual or erectile dysfunction, for which the
drug has been approved by the Food and Drug Administration.''.
(b) Construction.--Nothing in this section shall be construed as
preventing a prescription drug plan or an MA-PD plan from providing
coverage of drugs for the treatment of sexual or erectile dysfunction
as supplemental prescription drug coverage under section 1860D-
2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-
102(a)(2)(A)(ii)).
(c) Effective Dates.--The amendment made by subsection (a)(1) shall
take effect as if included in the enactment of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173) and the amendment made by subsection (a)(2) shall apply to
coverage for drugs dispensed on or after January 1, 2007.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1927(d)(2) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new
subparagraph:
``(K) Agents when used for the treatment of sexual or
erectile dysfunction, unless such agents are used to treat a
condition, other than sexual or erectile dysfunction, for which
the agents have been approved by the Food and Drug
Administration.''.
(b) Elimination of Federal Payment Under Medicaid Program.--Section
1903(i) of such Act (42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; or''; and
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) with respect to amounts expended for covered outpatient
drugs described in section 1927(d)(2)(K) (relating to drugs when
used for treatment of sexual or erectile dysfunction).''.
(c) Clarification of No Effect on Determination of Base
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.
1396v(c)(3)(B)(ii)(II)) is amended by inserting ``, including drugs
described in subparagraph (K) of section 1927(d)(2)'' after ``1860D-
2(e)''.
(d) Effective Date.--The amendments made by this section shall
apply to drugs dispensed on or after January 1, 2006.
TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT
SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.
Section 903 of the Social Security Act (42 U.S.C. 1103) is amended
by adding at the end the following:
``(e) Special Transfer in Fiscal Year 2006.--Not later than 10 days
after the date of the enactment of this subsection, the Secretary of
the Treasury shall transfer from the Federal unemployment account--
``(1) $15,000,000 to the account of Alabama in the Unemployment
Trust Fund;
``(2) $400,000,000 to the account of Louisiana in the
Unemployment Trust Fund; and
``(3) $85,000,000 to the account of Mississippi in the
Unemployment Trust Fund.''.
SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO
ADDRESS HURRICANE KATRINA.
Notwithstanding any provision of section 302(a) or 303(a)(8) of the
Social Security Act, any State may, on or after August 28, 2005, use
any amounts received by such State pursuant to title III of the Social
Security Act to assist in the administration of claims for compensation
on behalf of any other State if a major disaster was declared with
respect to such other State or any area within such other State under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act by
reason of Hurricane Katrina.
SEC. 203. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this title and any amendment made by
this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.