II 111th CONGRESS 1st Session S. 214 IN THE SENATE OF THE UNITED STATES January 12, 2009 Mr. Bingaman (for himself, Mr. Leahy, Mr. Lieberman, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XXI of the Social Security Act to permit qualifying States to use their allotments under the State Children’s Health Insurance Program for any fiscal year for certain Medicaid expenditures.

1.

Short title

This Act may be cited as the Children’s Health Equity Technical Amendments Act of 2009.

2.

Authority for qualifying States to use chip allotment for any fiscal year for certain medicaid expenditures

(a)

Elimination of fiscal year and percentage limitations

(1)

In general

Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amended by section 201(b)(1) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173), is amended by striking not more than 20 percent of any allotment under section 2104 for fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, 2007, 2008, or 2009 and inserting a fiscal year allotment under section 2104. (2)

Conforming amendment

Effective as if included in the enactment of section 201(b) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173), paragraph (2) of that section is repealed. (b)

Modification of allowable expenditures

Section 2105(g)(1)(B)(ii) of such Act (42 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by striking 150 and inserting 125. (c)

Effective date

The amendments made by this section shall take effect on October 1, 2008, and shall apply to expenditures made on or after that date.