I 111th CONGRESS 1st Session H. R. 4047 IN THE HOUSE OF REPRESENTATIVES November 6, 2009 Mr. Cao (for himself, Mr. Scalise, Mr. Alexander, Mr. Cassidy, Mr. Sessions, Mr. Mica, and Mr. Boustany) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To use historical averages to calculate the Federal Medical Assistance Percentage for disaster affected States for purposes of the Medicaid Program.

1.

FMAP calculation for disaster-affected States

(a)

In general

With respect to a State, for purposes of calculating the Federal Medical Assistance Percentage for a State under section 1905(b) of the Social Security Act, the Secretary shall substitute the average historical per capita income for such State for a year in any instance for which the Secretary, without regard to this section, would use the per capita income for such State for such year if— (1)in such year, the per capita income for a State exceeds the average historical per capita income by at least 8 percent; and (2)during such year or any of the 2 previous years, a major disaster was declared in such State by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (b)

Average historical per capita income defined

For purposes of this section, the term average historical per capita income means, with respect to a State, the average annual per capita income for the period beginning with the first year in which the Federal Medical Assistance Percentage was calculated for such State under section 1905(b) of the Social Security Act and ending with the year prior to the year during which the average historical per capita income is applied under subsection (a).