1.Short title; table of
contents
(a)This Act may be cited
as the Medicare Savings Program
Improvement Act of 2009
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in income levels for eligibility.
Sec. 3. Modification of resource standards.
Sec. 4. Eligibility for other programs.
Sec. 5. Effective date of MSP benefits.
Sec. 6. Treatment of qualified Medicare beneficiaries,
specified low-income Medicare beneficiaries, and other dual eligibles as
medicare beneficiaries.
Sec. 7. Monitoring and enforcement of limitation on beneficiary
liability.
Sec. 8. Medicaid treatment of certain Medicare
providers.
Sec. 9. State provision of medical assistance to dual eligibles
in MA plans.
Sec. 10. Medicare enrollment assistance.
Sec. 11. Medicaid agency consideration of low-income subsidy
application and data transmittal.
Sec. 12. QMB buy-in of part A and part B premiums.
Sec. 13. Increasing availability of MSP applications through
availability on the Internet and designation of preferred language.
Sec. 14. Medicare savings program applications.
Sec. 15. Repeal of payment limitation.
2.Increase in
income levels for eligibility
(a)Increase to 150
Percent of FPL for Qualified Medicare Beneficiaries
(1)Section 1905(p)(2) of the Social Security Act (42 U.S.C.
1396d(p)(2)) is amended—
(A)in subparagraph
(A), by striking 100 percent
and inserting 150
percent
;
(B)in subparagraph
(B)—
(i)by
striking and
at the end of clause (ii);
(ii)by
striking the period at the end of clause (iii) and inserting ,
and
; and
(iii)by
adding at the end the following:
(iv)January 1, 2011,
is 150 percent.
;
and
(C)in subparagraph
(C)—
(i)by
striking and
at the end of clause (iii);
(ii)by
striking the period at the end of clause (iv) and inserting ,
and
; and
(iii)by
adding at the end the following:
(v)January 1, 2011, is
150
percent.
.
(2)Application of
income test based on family sizeSection 1905(p)(2)(A) of such
Act (42 U.S.C. 1396d(p)(2)(A)) is amended by adding at the end the following:
For purposes of this subparagraph, family size means the applicant, the
spouse (if any) of the applicant if living in the same household as the
applicant, and the number of individuals who are related to the applicant (or
applicants), who are living in the same household as the applicant (or
applicants), and who are dependent on the applicant (or the applicant’s spouse)
for at least one-half of their financial support.
.
(3)Not counting
in-kind support and maintenance as incomeSection 1905(p)(2)(D)
of such Act (42 U.S.C. 1396d(p)(2)(D)) is amended by adding at the end the
following new clause:
(iii)In determining
income under this subsection, support and maintenance furnished in kind shall
not be counted as
income.
.
(b)Expansion of
Specified Low-Income Medicare Beneficiary (SLMB) Program
(1)Eligibility of
individuals with incomes below 200 percent of FPLSection
1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396b(a)(10)(E)) is
amended—
(A)by adding
and
at the end of clause (ii);
(B)in clause
(iii)—
(i)by
striking and 120 percent in 1995 and years thereafter
and
inserting , or 120 percent in 1995 and any succeeding year before 2011,
or 200 percent in 2011 and years thereafter
; and
(ii)by
striking and
at the end; and
(C)by striking clause
(iv).
(2)Section
1905(p)(1) of such Act (42 U.S.C. 1396d(p)(1)) is amended by adding at and
below subparagraph (C) the following: The term specified
low-income medicare beneficiary
means an individual described in
section 1902(a)(13)(iii).
.
(c)Providing 100
percent federal financingThe third sentence of section 1905(b)
of such Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at
the end the following: and with respect to medical assistance for
Medicare cost-sharing provided under section 1902(a)(10)(E)(iii) and under
section 1902(a)(10)(E)(i) with respect to individuals with income (as
determined in accordance with subsection (p)(1)(B)) is greater than 100 percent
of the official income poverty line applicable to a family of the size
involved and with respect to additional medical
assistance that is attributable to the amendments made by subsections (a) and
(b) of section 3 of the Medicare Financial Stability for Seniors and People
with Disabilities Act of 2009 and with respect
to additional medical assistance that is attributable to qualified medicare
beneficiaries with family income that exceeds 100 percent of such poverty
line
.
(d)
(1)Except as provided
in paragraph (2), the amendments made by this section shall take effect on
January 1, 2011, and, with respect to title XIX of the Social Security Act,
shall apply to calendar quarters beginning on or after January 1, 2011.
(2)In the case of a
State plan for medical assistance under title XIX of the Social Security Act
which the Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order for the plan
to meet the additional requirements imposed by the amendments made by this
section, the State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet these
additional requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a separate regular
session of the State legislature.
3.Modification of
resource standards
(a)Section 1905(p) of the Social Security Act (42 U.S.C.
1396d(p)) is amended—
(1)in paragraph (1),
by amending subparagraph (C) to read as follows:
(C)whose resources
(as determined under section 1613 for purposes of the supplemental income
security program, except as provided in paragraph (6)(B)) do not exceed the
amount described in paragraph
(6)(A).
;
(2)by
redesignating paragraph (6) as paragraph (7); and
(3)by inserting after
paragraph (5) the following:
(6)(A)The resource level
specified in this subparagraph for—
(i)for 2011, is $27,500 (or $55,000 in
the case of the combined value of the individual’s assets or resources and the
assets or resources of the individual’s spouse); and
(ii)for a subsequent year is the
applicable resource level specified in this subparagraph for the previous year
increased by the annual percentage increase in the consumer price index (all
items; U.S. city average) as of September of such previous year.
Any dollar amount established under clause
(ii) that is not a multiple of $10 shall be rounded to the nearest multiple of
$10.(B)In determining the resources of an
individual (and their eligible spouse, if any) under section 1613 for purposes
of paragraph (1)(C) (relating to qualified Medicare beneficiaries) or section
1902(a)(10)(E)(iii) (relating to specified low-income medicare beneficiaries),
the following additional exclusions shall apply:
(i)No part of the value of any life
insurance policy shall be taken into account.
(ii)No balance in, or benefits received under,
an employee pension benefit plan (as defined in section 3 of the Employee
Retirement Income Security Act of 1974) shall be taken into
account
.
(b)
(1)Except as provided
in paragraph (2), the amendments made by this section shall apply to calendar
quarters beginning on or after January 1, 2011.
(2)In
the case of a State plan for medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements imposed by the
amendments made by this section, the State plan shall not be regarded as
failing to comply with the requirements of such title solely on the basis of
its failure to meet these additional requirements before the first day of the
first calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that has a
2-year legislative session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
4.Eligibility for
other programs
(a)Section 1905(p) of the Social Security Act (42 U.S.C.
1396d(p)), as amended by section 2(a), is amended—
(1)by redesignating
paragraph (7) as paragraph (8); and
(2)by
inserting after paragraph (6) the following new paragraph:
(7)Notwithstanding any other provision of law,
any medical assistance for some or all medicare cost-sharing under this title
shall not be considered income or resources in determining eligibility for, or
the amount of assistance or benefits provided under, any other public benefit
provided under Federal law or the law of any State or political subdivision
thereof.
.
(b)The amendments made by subsection (a) shall apply to
eligibility for benefits on or after January 1, 2010.
5.Effective date of
MSP benefits
(a)Providing for 3
Months Retroactive Eligibility
(1)Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is
amended, in the matter preceding paragraph (1), by striking described in
subsection (p)(1), if provided after the month
and inserting
described in subsection (p)(1) or a specified low-income medicare
beneficiary, if provided in or after the third month before the month in which
the individual expresses an interest in applying to become such a beneficiary,
as determined in the manner provided for assistance under section
1860D-14
. Section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) is amended, in the matter preceding
paragraph (1), by striking assistance or, in the case of medicare
cost-sharing
and all that follows through beneficiary)
and inserting assistance)
.
(2)(A)Section 1902(e)(8) of
such Act (42 U.S.C. 1396a(e)(8)) is amended—
(i)by striking the first sentence;
and
(ii)by striking such
determination
.
(B)Section 1848(g)(3) of such Act (42
U.S.C. 1395w–4(g)(3)) is amended by adding at the end the following new
subparagraph:
(C)Treatment of
retroactive eligibilityIn the case of an individual who is
determined to be eligible for medical assistance described in subparagraph (A)
retroactively, the Secretary shall provide a process whereby claims which are
submitted for services furnished during the period of retroactive eligibility
and during a month in which the individual otherwise would have been eligible
for such assistance and which were not submitted in accordance with such
subparagraph are resubmitted and re-processed in accordance with such
subparagraph.
.
(b)The amendments made by this section shall take effect on
January 1, 2010, but shall not result in eligibility for benefits for medicare
cost-sharing for months before January 2010.
6.Treatment of
qualified Medicare beneficiaries, specified low-income Medicare beneficiaries,
and other dual eligibles as medicare beneficiaries
(a)Section 1862 of the Social Security Act (42 U.S.C. 1395y)
is amended by adding at the end the following new subsection:
(n)Treatment of
Qualified Medicare Beneficiaries (QMBs), Specified Low-Income Medicare
Beneficiaries (SLMBs), and Other Dual EligiblesNothing in this
title shall be construed as authorizing a provider of services or supplier to
discriminate (through a private contractual arrangement or otherwise) against
an individual who is otherwise entitled to services under this title on the
basis that the individual is a qualified medicare beneficiary (as defined in
section 1905(p)(1)), a specified low-income medicare beneficiary, or is
otherwise eligible for medical assistance for medicare cost-sharing or other
benefits under title
XIX.
.
(b)The amendment made by subsection (a) shall apply to items
and services furnished on or after the date of the enactment of this
Act.
7.Monitoring and
enforcement of limitation on beneficiary liability
(a)Section 1902(n) of
the Social Security Act (42 U.S.C. 1396b(n)) is amended—
(1)by
striking paragraph (2); and
(2)in paragraph
(3)—
(A)by striking
In the case in which
and all that follows through the
application of paragraph (2)
and inserting With respect to an
item or service
;
(B)in subparagraph
(A), by striking (if any)
; and
(C)by redesignating
such paragraph as paragraph (2).
(b)Section 1905(p)(2)
of such Act (42 U.S.C. 1396d(p)(2)) is amended by striking (subject to
section 1902(n))
.
(c)The amendments made by
this section shall apply to items and services furnished on or after January 1,
2011.
8.Medicaid
treatment of certain Medicare providers
(a)Section 1902(n) of the Social Security Act (42 U.S.C.
1396a(n)) is amended by adding at the end the following new paragraph:
(3)A
State plan shall not deny a claim from a provider or supplier with respect to
medicare cost-sharing described in subparagraph (B), (C), or (D) of section
1905(p)(3) for an item or service which is eligible for payment under title
XVIII on the basis that the provider or supplier does not have a provider
agreement in effect under this title or does not otherwise serve all
individuals entitled to medical assistance under this title. The State shall
create a mechanism through which provider or suppliers that do not otherwise
have provider agreements with the State can bill the State for medicare
cost-sharing for qualified medicare
beneficiaries.
.
(b)The amendment made by subsection (a) shall apply to items
and services furnished on or after the date of the enactment of this
Act.
9.State provision
of medical assistance to dual eligibles in MA plans
(a)Section 1902(n) of the Social Security Act (42 U.S.C.
1396b(n)), as amended by section 8(a), is further amended by adding at the end
the following new paragraph:
(4)(A)Each State shall—
(i)identify those individuals who are
eligible for medical assistance for medicare cost-sharing and who are enrolled
with a Medicare Advantage plan under part C of title XVIII; and
(ii)for the individuals so identified,
provide for payment of medical assistance for the medicare cost-sharing
(including cost-sharing under a Medicare Advantage plan) to which they are
entitled.
(B)(i)The Inspector General of the Department of
Health and Human Services shall examine whether States are providing for
medical assistance for Medicare cost-sharing for individuals enrolled in
Medicare Advantage plans in accordance with this title. The Inspector General
shall submit to the Secretary, not later than one year after the date of the
enactment of this paragraph, a report on such examination and a finding as to
whether States are failing to provide such medical assistance.
(ii)If a report under clause (i)
includes a finding that States are failing to provide such medical assistance,
not later than 60 days after the date of receiving such report the Secretary
shall submit to Congress a report that includes a plan of action on how to
enforce such
requirement.
.
(b)The amendment made by
subsection (a) shall be effective as if included in the enactment of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108–173).
10.Medicare enrollment
assistance
(a)Additional
Funding for State Health Insurance Assistance Programs
(1)
(A)The Secretary of Health and Human Services (in this
section referred to as the Secretary
) shall use amounts made
available under subparagraph (B) to make grants to States for State health
insurance assistance programs receiving assistance under section 4360 of the
Omnibus Budget Reconciliation Act of 1990.
(B)For purposes of making grants under this
subsection, the Secretary shall provide for the transfer, from the Federal
Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under
section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the
Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w–23(f)),
of $14,000,000 to the Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2011, to remain available until
expended.
(2)The amount of a grant to a State under this subsection
from the total amount made available under paragraph (1) shall be equal to the
sum of the amount allocated to the State under paragraph (3)(A) and the amount
allocated to the State under subparagraph (3)(B).
(3)
(A)Allocation based
on percentage of low-income beneficiariesThe amount allocated to
a State under this subparagraph from 2/3 of the total
amount made available under paragraph (1) shall be based on the number of
individuals who meet the requirement under subsection (a)(3)(A)(ii) of section
1860D–14 of the Social Security Act
(42 U.S.C. 1395w–114) but who have not enrolled to receive a subsidy under such
section 1860D–14 relative to the total number of individuals who meet the
requirement under such subsection (a)(3)(A)(ii) in each State, as estimated by
the Secretary.
(B)Allocation based
on percentage of rural beneficiariesThe amount allocated to a
State under this subparagraph from 1/3 of the total amount
made available under paragraph (1) shall be based on the number of part D
eligible individuals (as defined in section 1860D–1(a)(3)(A) of such Act (42
U.S.C. 1395w–101(a)(3)(A))) residing in a rural area relative to the total
number of such individuals in each State, as estimated by the Secretary.
(4)Portion of grant
based on percentage of low-income beneficiaries to be used to provide outreach
to individuals who may be subsidy eligible individuals or eligible for the
Medicare Savings ProgramEach grant awarded under this subsection
with respect to amounts allocated under paragraph (3)(A) shall be used to
provide outreach to individuals who may be subsidy eligible individuals (as
defined in section 1860D–14(a)(3)(A) of the Social Security Act (42 U.S.C.
1395w–114(a)(3)(A)) or eligible for the Medicare Savings Program (as defined in
subsection (f)).
(b)Additional
Funding for Area Agencies on Aging
(1)
(A)The Secretary, acting through the Assistant Secretary for
Aging, shall make grants to States for area agencies on aging (as defined in
section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and Native
American programs carried out under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.).
(B)For purposes of making grants under this
subsection, the Secretary shall provide for the transfer, from the Federal
Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under
section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the
Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w–23(f)),
of $10,000,000 to the Administration on Aging for fiscal year 2011, to remain
available until expended.
(2)Amount of grant
and allocation to States based on percentage of low-income and rural
beneficiariesThe amount of a grant to a State under this
subsection from the total amount made available under paragraph (1) shall be
determined in the same manner as the amount of a grant to a State under
subsection (a), from the total amount made available under paragraph (1) of
such subsection, is determined under paragraph (2) and subparagraphs (A) and
(B) of paragraph (3) of such subsection.
(3)
(A)Subject to subparagraph (B), each grant awarded under this
subsection shall be used to provide outreach to eligible Medicare beneficiaries
regarding the benefits available under title XVIII of the
Social Security Act.
(B)Outreach to
individuals who may be subsidy eligible individuals or eligible for the
Medicare Savings ProgramSubsection (a)(4) shall apply to each
grant awarded under this subsection in the same manner as it applies to a grant
under subsection (a).
(c)Additional
Funding for Aging and Disability Resource Centers
(1)
(A)The Secretary shall make grants to Aging and Disability
Resource Centers under the Aging and Disability Resource Center grant program
that are established centers under such program on the date of the enactment of
this Act.
(B)For purposes of making grants under this
subsection, the Secretary shall provide for the transfer, from the Federal
Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under
section 1841 of such Act (42 U.S.C. 1395t), in the same proportion as the
Secretary determines under section 1853(f) of such Act (42 U.S.C. 1395w–23(f)),
of $10,000,000 to the Administration on Aging for fiscal year 2011, to remain
available until expended.
(2)Each grant awarded under this subsection shall be used to
provide outreach to individuals regarding the benefits available under the
Medicare prescription drug benefit under part D of title XVIII of the
Social Security Act and under the
Medicare Savings Program.
(d)Coordination of
efforts To inform older Americans about benefits available under Federal and
State programs
(1)The Secretary, acting through the Assistant Secretary for
Aging, in cooperation with related Federal agency partners, shall make a grant
to, or enter into a contract with, a qualified, experienced entity under which
the entity shall—
(A)maintain and
update web-based decision support tools, and integrated, person-centered
systems, designed to inform older individuals (as defined in section 102 of the
Older Americans Act of 1965 (42
U.S.C. 3002)) about the full range of benefits for which the individuals may be
eligible under Federal and State programs;
(B)utilize
cost-effective strategies to find older individuals with the greatest economic
need (as defined in such section 102) and inform the individuals of the
programs;
(C)develop and
maintain an information clearinghouse on best practices and the most
cost-effective methods for finding older individuals with greatest economic
need and informing the individuals of the programs; and
(D)provide, in
collaboration with related Federal agency partners administering the Federal
programs, training and technical assistance on the most effective outreach,
screening, and follow-up strategies for the Federal and State programs.
(2)For purposes of making a grant or entering
into a contract under paragraph (1), the Secretary shall provide for the
transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of
the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in the
same proportion as the Secretary determines under section 1853(f) of such Act
(42 U.S.C. 1395w–23(f)), of $10,000,000 to the Administration on Aging for
fiscal year 2011, to remain available until expended.
(e)Medicare Savings Program
definedFor purposes of this
section, the term Medicare Savings Program means the program of
medical assistance for payment of the cost of medicare cost-sharing under the
Medicaid program pursuant to sections 1902(a)(10)(E) and 1933 of the Social
Security Act (42 U.S.C. 1396a(a)(10)(E), 1396u–3).
11.Medicaid agency
consideration of low-income subsidy application and data transmittal
(a)Conforming
amendment to section 1144The first sentence of section
1144(c)(3) of the Social Security Act (42 U.S.C. 1320b–14(c)(3)), as added by
section 113(a) of Public Law 110–275, is amended—
(1)by striking
transmittal
; and
(2)by inserting
as specified in section 1935(a)(4)
before the period at the
end.
(b)Clarifying
amendment to section 1935Section 1935(a)(4) of the Social
Security Act (42 U.S.C. 1396u–5(a)(4)), as added by section 113(b) of Public
Law 110–275, is amended by striking the last sentence and inserting the
following: For the purpose of a State’s obligation under section
1902(a)(8) to furnish medical assistance with reasonable promptness, the date
of the electronic transmission of low income subsidy program data, as described
in section 1144(c), from the Commissioner of Social Security to the State
Medicaid Agency, shall constitute the date of filing of such application for
benefits under the Medicare Savings Program. For the purpose of determining
when such medical assistance will be made available, the State shall consider
the date of the individual’s application for the low income subsidy program to
constitute the date of filing of an application for benefits under the Medicare
Savings Program.
.
(c)The amendments made by this section are effective as if they
had been included in the enactment of section 113(b) of Public Law
110–275.
(d)The Inspector General
of the Department of Health and Human Services shall examine the extent to
which States are complying with the requirement, under amendments made by the
Medicare Improvements for Patients and Providers Act of 2008 (Public Law
110–275), that they initiate an application for Medicare Savings Program from
data of the Social Security Administration suggesting eligibility.
12.QMB buy-in of
part A and part B premiums
(a)Section
1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
(1)in
paragraph (72), by striking and
at the end;
(2)in paragraph (73),
by striking the period at the end and inserting ; and
;
and
(3)by inserting after
paragraph (73) the following new paragraph:
(74)provide that the
State enters into a modification of an agreement under section
1818(g).
.
(b)
(1)Except as provided in paragraph (2), the amendments made
by this section take effect on the first day of the first calendar quarter
beginning 6 months after the date of the enactment of this Act.
(2)Extension of
effective date for state law amendmentIn the case of a State
plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
the Secretary of Health and Human Services determines requires State
legislation in order for the plan to meet the additional requirements imposed
by the amendments made by this section, the State plan shall not be regarded as
failing to comply with the requirements of such title solely on the basis of
its failure to meet these additional requirements before the first day of the
first calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to be a separate
regular session of the State legislature.
13.Increasing
availability of MSP applications through availability on the Internet and
designation of preferred language
(a)
(1)Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)), as amended by section 12, is amended—
(A)in paragraph (73),
by striking and
at the end;
(B)in paragraph (74),
by striking the period at the end and inserting ; and
;
and
(C)by inserting after
paragraph (74) the following new paragraph:
(75)provide—
(A)that the
application for medical assistance for Medicare cost-sharing under this title
used by the State allows an individual to specify a preferred language for
subsequent communication and, in the case in which a language other than
English is specified, provide that subsequent communications under this title
to the individual shall be in such language; and
(B)that the State
makes such application available through an Internet website and provides for
such application to be completed on such
website.
.
(2)The amendments made by
this subsection take effect on and after the first day of the first calendar
quarter beginning 2 years after the date of the enactment of this Act.
(b)Requirement for
the secretarySection 1905(p)(5) of the Social Security Act (42
U.S.C. 1396d(p)(5)) is amended by adding at the end the following new sentence:
Such form shall allow an individual to specify a preferred language for
subsequent communication.
14.Medicare savings
program applications
(a)Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)), as amended by sections 12 and 13, is further amended—
(1)in
paragraph (74), by striking and
at the end;
(2)in paragraph (75),
by striking the period at the end and inserting ; and
;
and
(3)by inserting after
paragraph (75) the following new paragraph:
(76)provide that the
State coordinates with the State agency that administers benefits under the
supplemental nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to ensure that individuals
applying for medical assistance provided under paragraph (10)(E), as described
in sections 1905(p) and 1933, have the opportunity to apply for, establish
eligibility for, and, if eligible, receive supplemental nutrition assistance
program
benefits.
.
(b)
(1)Except as provided in
paragraph (2), the amendments made by subsection (a) take effect on the first
day of the first calendar quarter beginning 6 months after the date of the
enactment of this Act.
(2)Extension of
effective date for state law amendmentIn the case of a State
plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
the Secretary of Health and Human Services determines requires State
legislation in order for the plan to meet the additional requirements imposed
by the amendments made by subsection (a), the State plan shall not be regarded
as failing to comply with the requirements of such title solely on the basis of
its failure to meet these additional requirements before the first day of the
first calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to be a separate
regular session of the State legislature.
(c)Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to Congress a
report on the process each State uses to meet the requirements under section
1902(a)(76) of the Social Security Act, as added by subsection (a).
15.Repeal of
payment limitation
(a)Section 1902(n) of
the Social Security Act (42 U.S.C. 1396a(n)) is amended—
(1)by striking
paragraphs (2) and (3); and
(2)in paragraph
(1)—
(A)by striking
(n)(1)
and inserting (n)
; and
(B)by striking
may provide
and inserting shall provide
.
(b)(1)Section 1902(a)(10) of
such Act is amended, in the subclause (VIII) following subparagraph (G), by
striking subsection (n) and
.
(2)Section 1905(p)(2) of such Act (42
U.S.C. 1396d(p)(2)) is amended by striking (subject to section
1902(n))
.
(c)The amendments made by this section shall apply to items and
services furnished on or after January 1, 2010.