II 110th CONGRESS 2d Session S. 2578 IN THE SENATE OF THE UNITED STATES January 30, 2008 Mr. Coleman (for himself, Ms. Klobuchar, Mr. Corker, Mr. Cardin, Mr. Domenici, Mr. Bingaman, Mr. Alexander, Mr. Salazar, Mr. Leahy, Mr. Casey, Ms. Mikulski, and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To temporarily delay application of proposed changes to Medicaid payment rules for case management and targeted case management services.

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 title 42 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.