[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1688 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 210
109th CONGRESS
  1st Session
                                S. 1688

To provide 100 percent Federal financial assistance under the Medicaid 
  and State children's health insurance programs for States providing 
 medical or child health assistance to survivors of Hurricane Katrina, 
to provide for an accommodation of the special needs of such survivors 
          under the medicare program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2005

 Mrs. Hutchison (for herself and Mr. Cornyn) introduced the following 
                  bill; which was read the first time

                           September 13, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To provide 100 percent Federal financial assistance under the Medicaid 
  and State children's health insurance programs for States providing 
 medical or child health assistance to survivors of Hurricane Katrina, 
to provide for an accommodation of the special needs of such survivors 
          under the medicare program, 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 ``Hurricane Katrina Medicaid and SCHIP 
Relief Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Disaster period.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``disaster period'' means, with respect to any 
                State that includes an area 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, the period beginning on the earliest 
                date on which any area of the State was so declared and 
                ending on the earlier of--
                            (i) the latest date for which any such 
                        declaration of an area of the State terminates; 
                        or
                            (ii) 6 months after the beginning of such 
                        period.
                    (B) One-time extension.--The President may extend 
                the disaster period under subparagraph (A) with respect 
                to a State for a period of up to 6 months. Any 
                reference to the term ``disaster period'' in this Act 
                shall include any extension under this subparagraph.
            (2) Katrina survivor.--
                    (A) In general.--The term ``Katrina Survivor'' 
                means individuals who--
                            (i) reside in an area for which a major 
                        disaster has been declared in accordance with 
                        401 of the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5170) 
                        as a result of Hurricane Katrina; or
                            (ii) resided in such an area on any day 
                        during the week preceding the date that the 
                        major disaster was declared with respect to 
                        that area.
                    (B) Treatment of homeless persons.--In the case of 
                an individual who was homeless within an area described 
                in subparagraph (A) on any day during the week 
                preceding the date on which a major disaster for such 
                area was first declared, the individual's ``residence'' 
                shall be deemed to be the place of residence as 
                otherwise determined for such an individual under title 
                XIX or XXI (as the case may be) of the Social Security 
                Act.

SEC. 3. AUTHORITY TO PROVIDE MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD 
              HEALTH ASSISTANCE UNDER THE STATE CHILDREN'S HEALTH 
              INSURANCE PROGRAM TO KATRINA SURVIVORS.

    During the disaster period, any State may provide medical 
assistance under a State Medicaid plan established under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.), without submitting a 
State plan amendment, to Katrina Survivors, or, in the case of a 
Katrina Survivor who is a child, child health assistance under a State 
child health plan under title XXI of such Act (42 U.S.C. 1397aa et 
seq.), in accordance with the following:
            (1) Uniform eligibility rules.--
                    (A) No income, resources, residency, or categorical 
                eligibility requirements.--Such assistance shall be 
                provided without application of any income or resources 
                test, State residency, or categorical eligibility 
                requirements.
                    (B) Streamlined eligibility procedures.--The State 
                shall use the following streamlined procedures in 
                processing applications and determining eligibility for 
                medical or child health assistance for Katrina 
                Survivors:
                            (i) A common 1-page application form that 
                        shall include notice regarding the penalties 
                        for making a fraudulent application under 
                        paragraph (4) and shall require the applicant 
                        to assign to the State any rights of the 
                        applicant (or any other person who is a 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.
                            (ii) Self-attestation by (or in the case of 
                        a child, on behalf of) the applicant that the 
                        applicant is a Katrina Survivor.
                            (iii) No requirement for documentation 
                        evidencing the basis on which the applicant 
                        qualifies to be a Katrina Survivor.
                            (iv) Issuance of an eligibility card to an 
                        applicant who completes such application, 
                        including the self-attestation required under 
                        clause (ii). Such card shall be valid during 
                        the disaster period.
                            (v) If an applicant completes the 
                        application and presents it to a provider or 
                        facility participating in the State Medicaid 
                        plan or the State child health 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 Katrina 
                        Survivor based on the information in the 
                        application, the applicant will be deemed to be 
                        a Katrina Survivor eligible for medical or 
                        child health assistance in accordance with this 
                        section, subject to paragraph (3).
                            (vi) Subject to paragraphs (3) and (4), 
                        continuous eligibility, without the need for 
                        any redetermination of eligibility, for the 
                        duration of the disaster period.
            (2) Scope of coverage same as categorically needy or 
        targeted low-income child.--
                    (A) In general.--The State shall treat a 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)), or, in the case of a child, as a 
                targeted low-income child under the State child health 
                plan under title XXI of such Act (42 U.S.C. 1397aa et 
                seq.), with coverage for such assistance retroactive to 
                the earliest date described in section 2(1) that is 
                applicable to such Survivor.
                    (B) Reimbursement of items and services that a 
                provider determines are medically necessary.--The State 
                shall pay a provider of medical or child health 
                assistance (including a provider of mental health 
                services) for an item or service provided by the 
                provider to a Katrina Survivor which is not within the 
                scope of coverage applicable to the Survivor under 
                subparagraph (A) upon a determination by the provider 
                that the provision of such item or service is medically 
                necessary for the Survivor (without regard to the 
                State's standard which would otherwise apply to a 
                determination of medical necessity).
            (3) Verification of status as a katrina survivor.--
                    (A) In general.--The State shall make a good faith 
                effort to verify the status of a Katrina Survivor 
                enrolled in the State Medicaid or child health plan 
                under the provisions of this section after the 
                determination of the eligibility of the Survivor for 
                medical or child health assistance under such plan.
                    (B) Evidence of verification.--A State may satisfy 
                the verification requirement under subparagraph (A) 
                with respect to a Katrina Survivor by showing that the 
                State providing medical or child assistance obtained 
                information from the Social Security Administration, 
                the Internal Revenue Service, or, in the case of a 
                Katrina Survivor who resided in a State for which a 
                major disaster has been declared in accordance with 401 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170) as a result of 
                Hurricane Katrina, the State Agency for that State with 
                responsibility for administering that State's Medicaid 
                or child health plan.
                    (C) Disallowance of payments for failure to make 
                good faith effort.--If, with respect to the status of a 
                Katrina Survivor enrolled in a State Medicaid or child 
                health plan, the State fails to make the good faith 
                effort required under subparagraph (A), and the 
                Secretary determines that the individual so enrolled is 
                not a Katrina Survivor, the Secretary shall disallow 
                all Federal payments made to the State that are 
                directly attributable to medical or child health 
                assistance provided or administrative costs incurred 
                with respect to the individual during the disaster 
                period.
            (4) Penalty for fraudulent applications.--
                    (A) Individual liable for costs.--If a State, as 
                the result of verification activities conducted under 
                paragraph (3), determines that an individual has 
                knowingly made a false self-attestation described in 
                paragraph (1)(B)(ii), the State may, subject to 
                subparagraph (B), seek recovery from the individual for 
                the full amount of the cost of medical assistance 
                provided to the individual under this section. The 
                recovery of such amount shall be in addition to any 
                other penalties that may be prescribed by law.
                    (B) Exception.--The Secretary shall exempt a State 
                from seeking recovery under subparagraph (A) if the 
                Secretary determines that it would not be cost-
                effective for the State to do so.
                    (C) Reimbursement to the federal government.--Any 
                amounts recovered by a State in accordance with this 
                paragraph shall be returned to the Federal Government, 
                except that a State's administrative costs attributable 
                to obtaining such recovery shall be reimbursed by the 
                Federal Government in accordance with section 4.
            (5) Exemption from error rate penalties.--All payments 
        attributable to providing medical assistance to Katrina 
        Survivors 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)).

SEC. 4. 100 PERCENT FEDERAL FINANCIAL ASSISTANCE FOR MEDICAL AND CHILD 
              HEALTH ASSISTANCE AND ADMINISTRATIVE COSTS.

    Notwithstanding sections 1903(a), 1905(b), and 2105(b) of the 
Social Security Act (42 U.S.C. 1396b(a), 1396d(b), 1397ee(b)), the 
Federal medical assistance percentage (or the enhanced FMAP, in the 
case of section 2105(b) of such Act) for providing medical assistance 
under a State Medicaid plan under title XIX of such Act or child health 
assistance under a State child health plan to a Katrina Survivor, and 
for costs directly attributable to all administrative activities 
related to the provision of such assistance, shall be 100 percent 
during the disaster period applicable to the area of residence (or 
former residence) of such a Survivor.

SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER 
              MEDICARE PROGRAM.

    (a) Exclusion of Disaster Relief Period in Computing Part B Late 
Enrollment Penalty.--In applying the first sentence of section 1839(b) 
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a 
Katrina Survivor, there shall not be taken into account any month any 
part of which is within the disaster period or within the 2-month 
period following the end of such disaster period.
    (b) Part D.--
            (1) Extension of initial enrollment period.--In the case of 
        a Katrina Survivor, the initial enrollment period under section 
        1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
        101(b)(2)) shall in no case end before May 15, 2007.
            (2) Flexibility in documentation for low-income 
        subsidies.--For purposes of carrying out section 1860D-14 of 
        the Social Security Act (42 U.S.C. 1395w-114), with respect to 
        Katrina Survivors, the Secretary of Health and Human Services 
        shall establish documentation rules for Katrina Survivors which 
        take into account the loss and unavailability of documents due 
        to Hurricane Katrina.

SEC. 6. GENERAL PROVISIONS.

    (a) 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 
areas, including parishes and counties, identified as areas 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. Any State which provides 
medical or child health assistance to Katrina Survivors on the basis of 
such posting and in accordance with this Act shall be held harmless if 
it is subsequently determined that the provision of such assistance was 
in error.
    (b) Emergency Designation.--The preceding provisions of this Act 
are hereby designated as emergency requirements pursuant to subsections 
(a) and (b) of section 402 of H. Con. Res. 95 (109th Congress).
                                                       Calendar No. 210

109th CONGRESS

  1st Session

                                S. 1688

_______________________________________________________________________

                                 A BILL

To provide 100 percent Federal financial assistance under the Medicaid 
  and State children's health insurance programs for States providing 
 medical or child health assistance to survivors of Hurricane Katrina, 
to provide for an accommodation of the special needs of such survivors 
          under the medicare program, and for other purposes.

_______________________________________________________________________

                           September 13, 2005

            Read the second time and placed on the calendar