[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5712 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5712

 To provide for certain clarifications and extensions under Medicare, 
         Medicaid, and the Children's Health Insurance Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2010

  Mr. Levin (for himself, Mr. Waxman, Mr. Dingell, Mr. Stark, and Mr. 
   Pallone) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
    the Budget and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for certain clarifications and extensions under Medicare, 
         Medicaid, and the Children's Health Insurance Program.

    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 ``Veterans', Seniors', and Children's 
Health Technical Corrections Act of 2010''.

SEC. 2. CLARIFICATION OF EFFECTIVE DATE OF PART B SPECIAL ENROLLMENT 
              PERIOD FOR DISABLED TRICARE BENEFICIARIES.

    Effective as if included in the enactment of Public Law 111-148, 
section 3110(a)(2) of such Act is amended to read as follows:
            ``(2) Effective date.--The amendment made by paragraph (1) 
        shall apply to elections made on and after the date of the 
        enactment of this Act.''.

SEC. 3. REPEAL OF DELAY OF RUG-IV.

    Effective as if included in the enactment of Public Law 111-148, 
section 10325 of such Act is repealed.

SEC. 4. CLARIFICATION FOR AFFILIATED HOSPITALS FOR DISTRIBUTION OF 
              ADDITIONAL RESIDENCY POSITIONS.

    Effective as if included in the enactment of section 5503(a) of 
Public Law 111-148, section 1886(h)(8) of the Social Security Act (42 
U.S.C. 1395ww(h)(8)), as added by such section 5503(a), is amended by 
adding at the end the following new subparagraph:
                    ``(I) Affiliation.--The provisions of this 
                paragraph shall be applied to hospitals which are 
                members of the same affiliated group (as defined by the 
                Secretary under paragraph (4)(H)(ii)) and the reference 
                resident level for each such hospital shall be the 
                reference resident level with respect to the cost 
                reporting period that results in the smallest 
                difference between the reference resident level and the 
                otherwise applicable resident limit.''.

SEC. 5. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEFINITION OF COVERED 
              OUTPATIENT DRUGS WITH RESPECT TO CHILDREN'S HOSPITALS 
              UNDER THE 340B DRUG DISCOUNT PROGRAM.

    (a) Definition of Covered Outpatient Drug.--
            (1) Amendment.--Subsection (e) of section 340B of the 
        Public Health Service Act (42 U.S.C. 256b) is amended by 
        striking ``covered entities described in subparagraph (M)'' and 
        inserting ``covered entities described in subparagraph (M) 
        (other than a children's hospital described in subparagraph 
        (M))''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        2302 of the Health Care and Education Reconciliation Act of 
        2010 (Public Law 111-152).
    (b) Technical Amendment.--Subparagraph (B) of section 1927(a)(5) of 
the Social Security Act (42 U.S.C. 1396r-8(a)(5)) is amended by 
striking ``and a children's hospital'' and all that follows through the 
end of the subparagraph and inserting a period.

SEC. 6. MEDICAID AND CHIP TECHNICAL CORRECTIONS.

    (a) Repeal of Exclusion of Certain Individuals and Entities From 
Medicaid.--Section 6502 of Public Law 111-148 is repealed and the 
provisions of law amended by such section are restored as if such 
section had never been enacted. Nothing in the previous sentence shall 
affect the execution or placement of the insertion made by section 6503 
of such Act.
    (b) Income Level for Certain Children Under Medicaid.--Effective as 
if included in the enactment of Public Law 111-148, section 
2001(a)(5)(B) of such Act is amended by striking all that follows ``is 
amended'' and inserting the following: ``by inserting after `100 
percent' the following: `(or, beginning January 1, 2014, 133 
percent)'.''.
    (c) Calculation and Publication of Payment Error Rate Measurement 
for Certain Years.--Section 601(b) of the Children's Health Insurance 
Program Reauthorization Act of 2009 (Public Law 111-3) is amended by 
adding at the end the following: ``The Secretary is not required under 
this subsection to calculate or publish a national or a State-specific 
error rate for fiscal year 2009 or fiscal year 2010.''.
    (d) Corrections to Exceptions to Exclusion of Children of Certain 
Employees.--Section 2110(b)(6) of the Social Security Act (42 U.S.C. 
1397jj(b)(6)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``per person'' in the heading; and
                    (B) by striking ``each employee'' and inserting 
                ``employees''; and
            (2) in subparagraph (C), by striking ``, on a case-by-case 
        basis,''.
    (e) Electronic Health Records.--Effective as if included in the 
enactment of section 4201(a)(2) of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5), section 1903(t) of the 
Social Security Act (42 U.S.C. 1396b(t)) is amended--
            (1) in paragraph (3)(E), by striking ``reduced by any 
        payment that is made to such Medicaid provider from any other 
        source (other than under this subsection or by a State or local 
        government)'' and inserting ``reduced by the average payment 
        the Secretary estimates will be made to such Medicaid providers 
        (determined on a percentage or other basis for such classes or 
        types of providers as the Secretary may specify) from other 
        sources (other than under this subsection, or by the Federal 
        government or a State or local government)''; and
            (2) in paragraph (6)(B), by inserting before the period the 
        following: ``and shall be determined to have met such 
        responsibility to the extent that the payment to the Medicaid 
        provider is not in excess of 85 percent of the net average 
        allowable cost''.
    (f) Corrections of Designations.--
            (1) Section 1902 of the Social Security Act (42 U.S.C. 
        1396a) is amended--
                    (A) in subsection (a)(10), in the matter following 
                subparagraph (G), by striking ``and'' before ``(XVI) 
                the medical'' and by striking ``(XVI) if'' and 
                inserting ``(XVII) if''; and
                    (B) in subsection (ii)(2), by striking ``(XV)'' and 
                inserting ``(XVI)''.
            (2) Section 2107(e)(1) of the Social Security Act (42 
        U.S.C. 1397gg(e)(1)) is amended by redesignating the 
        subparagraph (N) of that section added by 2101(e) of Public Law 
        111-148 as subparagraph (O).

SEC. 7. FUNDING FOR CLAIMS REPROCESSING.

    For purposes of carrying out the provisions of, and amendments made 
by, this Act that relate to title XVIII of the Social Security Act, and 
other provisions relating to such title that involve reprocessing of 
claims, there are appropriated to the Secretary of Health and Human 
Services for the Centers for Medicare & Medicaid Services Program 
Management Account, from amounts in the general fund of the Treasury 
not otherwise appropriated, $95,000,000. Amounts appropriated under the 
preceding sentence shall remain available until expended.

SEC. 8. EXTENSION OF SECTION 508 RECLASSIFICATIONS.

    (a) In General.--Section 106(a) of division B of the Tax Relief and 
Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section 
117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
Law 110-173), section 124 of the Medicare Improvements for Patients and 
Providers Act of 2008 (Public Law 110-275), and sections 3137(a) and 
10317 of Public Law 111-148, is amended by striking ``September 30, 
2010'' and inserting ``September 30, 2011''.
    (b) Conforming Amendment.--Section 117(a)(3) of the Medicare, 
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is 
amended by inserting ``in fiscal years 2008 and 2009'' after ``For 
purposes of implementation of this subsection''.

SEC. 9. REVISION TO THE MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking subparagraphs (A) and (B) and 
inserting the following subparagraphs:
                    ``(A) fiscal year 2015, $0;
                    ``(B) fiscal year 2016, $125,000,000; and''.

SEC. 10. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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