[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5173 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5173

   To temporarily delay application of proposed changes to Medicaid 
    payment rules for case management and targeted case management 
                               services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2008

   Mr. Ellison (for himself, Mr. Cooper, Mr. Duncan, Ms. McCollum of 
    Minnesota, Mr. Ramstad, Mr. Walz of Minnesota, Mr. Peterson of 
  Minnesota, Mr. Cummings, and Mr. Oberstar) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To temporarily delay application of proposed changes to Medicaid 
    payment rules for case management and targeted case management 
                               services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MORATORIUM ON IMPLEMENTATION OF CHANGES TO CASE MANAGEMENT 
              AND TARGETED CASE MANAGEMENT PAYMENT REQUIREMENTS UNDER 
              MEDICAID.

    (a) Delayed Implementation of December 4, 2007, Interim Final 
Rule.--The interim final rule published on December 4, 2007, at pages 
68,077 through 68,093 of volume 72 of the Federal Register (relating to 
parts 431, 440, and 441 of the Code of Federal Regulations) shall not 
take effect before April 1, 2009.
    (b) Continuation of 2007 Payment Policies and Practices.--
Notwithstanding any other provision of law, the Secretary of Health and 
Human Services shall not, prior to April 1, 2009, take any action 
(through promulgation of regulation, issuance of regulatory guidance, 
use of Federal payment audit procedures, or other administrative 
action, policy or practice, including a Medical Assistance Manual 
transmittal or issuance of a letter to State Medicaid directors) to 
restrict coverage or payment under title XIX of the Social Security Act 
for case management and targeted case management services if such 
action is more restrictive than the administrative action, policy, or 
practice that applies to coverage of, or payment for, such services 
under title XIX of the Social Security Act on December 3, 2007. Any 
such action taken by the Secretary of Health and Human Services during 
the period that begins on December 4, 2007, and ends on March 31, 2009, 
that is based in whole or in part on the interim final rule described 
in subsection (a) is null and void.
                                 <all>