[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5613 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5613

To extend certain moratoria and impose additional moratoria on certain 
              Medicaid regulations through April 1, 2009.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2008

Mr. Dingell (for himself and Mr. Tim Murphy of Pennsylvania) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To extend certain moratoria and impose additional moratoria on certain 
              Medicaid regulations through April 1, 2009.

    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 ``Protecting the Medicaid Safety Net 
Act of 2008''.

SEC. 2. MORATORIA ON CERTAIN MEDICAID REGULATIONS.

    (a) Extension of Certain Moratoria in Public Law 110-28.--Section 
7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28) is amended--
            (1) by striking ``prior to the date that is 1 year after 
        the date of enactment of this Act'' and inserting ``prior to 
        April 1, 2009'';
            (2) in subparagraph (A), by inserting after ``Federal 
        Regulations)'' the following: ``or in the final regulation, 
        relating to such parts, published on May 29, 2007 (72 Federal 
        Register 29748)''; and
            (3) in subparagraph (C), by adding at the end the 
        following: ``, including the proposed regulation published on 
        May 23, 2007 (72 Federal Register 28930)''.
    (b) Extension of Certain Moratoria in Public Law 110-173.--Section 
206 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
Law 110-173) is amended--
            (1) by striking ``June 30, 2008'' and inserting ``April 1, 
        2009'';
            (2) by inserting ``, including the proposed regulation 
        published on August 13, 2007 (72 Federal Register 45201),'' 
        after ``rehabilitation services''; and
            (3) by inserting ``, including the final regulation 
        published on December 28, 2007 (72 Federal Register 73635),'' 
        after ``school-based transportation''.
    (c) Additional Moratoria.--
            (1) In general.--The Secretary of Health and Human Services 
        may not, prior to April 1, 2009, impose (or continue in effect) 
        any requirement, prevent the implementation of any provision, 
        or condition the approval of any provision under any State plan 
        under title XIX or XXI of the Social Security Act, any 
        amendment of such a plan, or demonstration project request 
        relating to such plan or title, on the basis of any policy or 
        interpretation relating to a provision described in paragraph 
        (2) or to any rule, provision, policy, or interpretation 
        similar to such a provision.
            (2) Provisions described.--The provisions described in this 
        paragraph are the following:
                    (A) Portion of interim final regulation relating to 
                medicaid treatment of optional case management 
                services.--
                            (i) The interim final regulation relating 
                        to optional State plan case management services 
                        under the Medicaid program published on 
                        December 4, 2007 (72 Federal Register 68007) in 
                        its entirety, except as provided in clause 
                        (ii).
                            (ii) Clause (i) shall not apply to the 
                        portion of such regulation as relates directly 
                        to implementing section 1915(g)(2)(A)(ii) of 
                        the Social Security Act, as amended by section 
                        6052 of the Deficit Reduction Act of 2005 
                        (Public Law 109-171), through the definition of 
                        case management services and targeted case 
                        management services contained in proposed 
                        section 440.169 of title 42, Code of Federal 
                        Regulations, but only to the extent that such 
                        portion is not more restrictive than the 
                        policies set forth in the Dear State Medicaid 
                        Director letter on case management issued on 
                        January 19, 2001 (SMDL #01-013), and with 
                        respect to community transition case 
                        management, the Dear State Medicaid Director 
                        letter issued on July 25, 2000 (Olmstead Update 
                        3).
                    (B) Proposed regulation relating to redefinition of 
                medicaid outpatient hospital services.--The proposed 
                regulation relating to clarification of outpatient 
                clinic and hospital facility services definition and 
                upper payment limit under the Medicaid program 
                published on September 28, 2007 (72 Federal Register 
                55158) in its entirety.
                    (C) Portion of proposed regulation relating to 
                medicaid allowable provider taxes.--The final 
                regulation relating to health-care-related taxes under 
                the Medicaid program published on February 22, 2008 (73 
                Federal Register 9685) in its entirety, other than the 
                portion of such regulation as relates to the following:
                            (i) Reduction in threshold.--The reduction 
                        from 6 percent to 5.5 percent in the threshold 
                        applied under section 433.68(f)(3)(i) of title 
                        42, Code of Federal Regulations, for 
                        determining whether or not there is an indirect 
                        guarantee to hold a taxpayer harmless, as 
                        required to carry out section 1903(w)(4)(C)(ii) 
                        of the Social Security Act, as added by section 
                        403 of the Medicare Improvement and Extension 
                        Act of 2006 (division B of Public Law 109-432).
                            (ii) Change in definition of managed 
                        care.--The change in the definition of managed 
                        care as proposed in the revision of section 
                        433.56(a)(8) of title 42, Code of Federal 
                        Regulations, as required to carry out section 
                        1903(w)(7)(A)(viii) of the Social Security Act, 
                        as amended by section 6051 of the Deficit 
                        Reduction Act of 2005 (Public Law 109-171).
                                 <all>