109 HR 6098 IH: To amend title XXI of the Social Security Act to U.S. House of Representatives 2006-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6098 IN THE HOUSE OF REPRESENTATIVES September 19, 2006 Mr. Barrow (for himself, Mr. Boswell, Mr. Dingell, Mr. Waxman, Mr. Boucher, Mr. Lewis of Georgia, Mr. Pallone, Mr. Bishop of Georgia, Mr. Brown of Ohio, Mr. Pomeroy, Mrs. Capps, Mr. Marshall, Mr. Scott of Georgia, Mr. Melancon, and Ms. Schwartz of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXI of the Social Security Act to eliminate funding shortfalls for the State Children’s Health Insurance Program (SCHIP) for fiscal year 2007.

1.

Short title

This Act may be cited as the Keep Kids Covered Act of 2006.

2.

Elimination of SCHIP funding shortfalls for fiscal year 2007

(a)

In general

Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended— (1)in each of subsections (a), (b)(1), and (c)(1), by striking subsection (d) and inserting subsections (d) and (h); and (2)by adding at the end the following new subsection: (h)

Special rule for redistribution of unspent fiscal year 2004 allotments and additional allotments to eliminate fiscal year 2007 funding shortfalls

(1)

Special rule for redistribution of fiscal year 2004 allotments

(A)

In general

In the case of a State that expends all of its allotment under subsection (b) or (c) of this section for fiscal year 2004 by the end of fiscal year 2006 and is an initial shortfall State described in subparagraph (B), the Secretary shall redistribute to the State under subsection (f) of this section (from the fiscal year 2004 allotments of other States) the following amount: (i)

State

In the case of one of the 50 States or the District of Columbia, the amount specified in subparagraph (C)(i) (less the total of the amounts under clause (ii)), multiplied by the ratio of the amount specified in subparagraph (C)(ii) for the State to the amount specified in subparagraph (C)(iii). (ii)

Territory

In the case of a commonwealth or territory described in subsection (c)(3), an amount that bears the same ratio to 1.05 percent of the amount specified in subparagraph (C)(i) as the ratio of the commonwealth's or territory's fiscal year 2004 allotment under subsection (c) bears to the total of all such allotments for such fiscal year under such subsection. (B)

Initial shortfall state described

For purposes of subparagraph (A), an initial shortfall State is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of the date of the enactment of this subsection, that the projected Federal expenditures under such plan for such State for fiscal year 2007 will exceed the sum of— (i)the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; and (ii)the amount of the State's allotment for fiscal year 2007. (C)

Amounts used in computing redistributions for fiscal year 2004 allotments

For purposes of subparagraph (A)(i)— (i)the amount specified in this clause is the total amount of unspent fiscal year 2004 allotments available for redistribution under subsection (f); (ii)the amount specified in this clause for an initial shortfall State is the amount the Secretary determines will eliminate the estimated shortfall described in subparagraph (B) for the State; and (iii)the amount specified in this clause is the total sum of the amounts specified in clause (ii) for all initial shortfall States. (2)

Additional allotments to eliminate fiscal year 2007 funding shortfalls remaining after redistribution of unspent fiscal year 2004 allotments

(A)

In general

In addition to the allotments provided under subsection (b) and (c) for fiscal year 2007, the Secretary shall allot to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State. (B)

Remaining shortfall state described

For purposes of subparagraph (A), a remaining shortfall State is a State (including a commonwealth or territory described in subsection (c)(3)) with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of the date of the enactment of this subsection, that the projected federal expenditures under such plan for such State for fiscal year 2007 will exceed the sum of— (i)the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; (ii)the amount of the State's allotment for fiscal year 2007; and (iii)the amount, if any, of unspent allotments for fiscal year 2004 that are to be redistributed to the State during fiscal year 2007 in accordance with subsection (f) and paragraph (1). (C)

1-year availability; no redistribution of unexpended additional allotments

Notwithstanding subsections (e) and (f), amounts allotted to a remaining shortfall State pursuant to this paragraph shall only remain available for expenditure by the State through September 30, 2007. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f) and shall revert to the Treasury on October 1, 2007. (D)

Appropriation; allotment authority

For the purpose of providing additional allotments to remaining shortfall States under this paragraph there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2007. . (b)

Extending authority for qualifying states to use certain funds for medicaid expenditures

Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by striking or 2005 and inserting 2005, or 2006. (c)

Effective date

The amendments made by this section apply to items and services furnished on or after October 1, 2006, without regard to whether or not regulations implementing such amendments have been issued. (d)

Period of effectiveness

Section 2104(h)(2) of the Social Security Act (as added by subsection (a)) shall terminate on September 30, 2007, and shall be considered to have expired notwithstanding section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907).