1.Short title; table of
contents
(a)This Act may be cited
as the The Common Sense Deficit
Reduction Act of 2011
.
(b)The table of
contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicaid expansion for certain adults.
Sec. 3. Elimination of Medicaid coverage of former foster care
children.
Sec. 4. Removal of requirement of minimal essential coverage
for Medicaid benchmark benefits.
Sec. 5. Elimination of Medicaid premium assistance
requirement.
Sec. 6. Elimination of Medicaid and CHIP MAGI
requirements.
Sec. 7. Elimination of increased FMAP for CHIP.
Sec. 8. Restoration of CHIP appropriation amounts under
CHIPRA.
Sec. 9. Treatment of children who are unable to be enrolled in
CHIP due to a funding shortfall.
Sec. 10. Grants to improve CHIP outreach and
enrollment.
Sec. 11. Additional one-time appropriations for
CHIP.
Sec. 12. Repeal of PPACA Premium tax credits and cost-sharing
subsidies.
Sec. 13. Treatment of individual mandate.
Sec. 14. Repeal of CLASS Act.
2.Medicaid
expansion for certain adults
(a)Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended—
(1)in subsection (a)(10)—
(A)in subparagraph
(A)(i)—
(i)by
inserting or
at the end of subclause (VI); and
(ii)by
striking subclause (VIII); and
(B)in the matter
following subparagraph (G) by striking (XV) the medical assistance made
available to an individual described in subparagraph (A)(i)(VIII) shall be
limited to medical assistance described in subsection (k)(1)
;
(2)by striking
subsection (k); and
(3)in subsection (l)(2)(C) by striking
(or, beginning January 1, 2014, 133 percent)
.
(b)Section 1902 of the Social Security Act (42 U.S.C.
1396a) is further amended—
(1)in subsection (a)(10)(A)(ii) by striking
subclause (XX); and
(2)by striking
subsection (hh).
(c)Section 1905 of the Social Security Act (42 U.S.C.
1396d), is amended—
(1)in subsection (a), in the matter preceding
paragraph (1), by striking clauses (xiv) and (xv);
(2)in subsection (b),
in the first sentence, by striking (y),
before
(z),
; and
(3)by striking
subsection (y).
(d)
(1)Section 1903 of
the Social Security Act (42 U.S.C. 1396b) is amended—
(A)in subsection
(f)(4), by striking 1902(a)(10)(A)(i)(VIII),
and
1902(a)(10)(A)(ii)(XX),
; and
(B)in subsection
(i)—
(i)by inserting or
at the end
of paragraph (24);
(ii)by
striking ; or
at the end of paragraph (25) and inserting a
period; and
(iii)by
striking paragraph (26).
(2)Section 1920 of
the Social Security Act (42 U.S.C. 1396r–1) is amended by striking subsection
(e).
(3)Section
1937(a)(1)(B) of such Act (42 U.S.C. 1396u–7(a)(1)(B)) is amended by striking
subclause (VIII) of section 1902(a)(10)(A)(i) or under
.
3.Elimination of
Medicaid coverage of former foster care children
(a)Section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a) is amended by
striking subclause (IX).
(b)
(1)Section 1902(a)(10) of such Act (42 U.S.C.
1396a(a)(10)) is amended in the matter following subparagraph (G)—
(A)by inserting
and
before XVI if an individual
; and
(B)by striking
and (XVII) if an individual is described in subclause (IX) of
subparagraph (A)(i) and is also described in subclause (VIII) of that
subparagraph, the medical assistance shall be made available to the individual
through subclause (IX) instead of through subclause (VIII)
.
(2)Section 1903(f)(4) of such Act (42 U.S.C.
1396b(f)(4)) is amended by striking
1902(a)(10)(A)(i)(IX),
.
(3)Section 1937(a)(2)(B)(viii) of such Act (42
U.S.C. 1396u–7(a)(2)(B)(viii)) is amended by striking , or the
individual qualifies for medical assistance on the basis of section
1902(a)(10)(A)(i)(IX)
.
4.Removal of
requirement of minimal essential coverage for Medicaid benchmark
benefitsSection 1937(b) of
the Social Security Act (42 U.S.C. 1396–7(b)) is amended—
(1)in paragraph (1),
in the matter preceding subparagraph (A), by striking subject to
paragraphs (5) and (6)
;
(2)in paragraph
(2)—
(A)in the matter
preceding subparagraph (A), by striking subject to paragraphs (5) and
(6)
;
(B)in subparagraph
(A)—
(i)by
striking clauses (iv) and (v); and
(ii)by
redesignating clauses (vi) and (vii) as clauses (iv) and (v), respectively;
and
(C)in subparagraph (C)—
(i)by
redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively;
and
(ii)by
inserting before clause (iii), as so redesignated, the following:
(i)Coverage of prescription drugs.
(ii)Mental health
services.
;
and
(3)by striking
paragraphs (5) and (6).
5.Elimination of
Medicaid premium assistance requirementSection 2003 of the Patient Protection and
Affordable Care Act is repealed and the provisions of law amended by such
section are restored as if such section had never been enacted.
6.Elimination of
Medicaid and CHIP MAGI requirements
(a)Section 1902(e) of the Social Security Act
(42 U.S.C. 1396a(e)) is amended by striking paragraph (14).
(b)
(1)Section 2102(b)(1)(B) of such Act (42 U.S.C. 1397bb) is
amended—
(A)by inserting
and
at the end of clause (iii);
(B)by striking
and
at the end of clause (iv); and
(C)by striking clause
(v).
(2)Elimination of
related eligibility ruleSection 2101(f) of the Patient
Protection and Affordable Care Act is repealed.
(c)
(1)Section
1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)) is amended by striking
(e)(14)
.
(2)Section 2105(d)(1)
of such Act (42 U.S.C. 1397ee(d)(1)) is amended by striking , except as
required under section 1902(e)(14)
.
(3)Section 2107(e)(1) of such Act (42 U.S.C.
1397gg(e)(1)) is amended by striking subparagraph (F) (relating to income
determined using modified adjusted gross income and household income).
7.Elimination of
increased FMAP for CHIPSection 2105(b) of the Social Security Act
(42 U.S.C. 1397ee(b)) is amended by striking Notwithstanding the
preceding sentence, during the period that begins on October 1, 2015, and ends
on September 30, 2019, the enhanced FMAP determined for a State for a fiscal
year (or for any portion of a fiscal year occurring during such period) shall
be increased by 23 percentage points, but in no case shall exceed 100 percent.
The increase in the enhanced FMAP under the preceding sentence shall not apply
with respect to determining the payment to a State under subsection (a)(1) for
expenditures described in subparagraph (D)(iv), paragraphs (8), (9), (11) of
subsection (c), or clause (4) of the first sentence of section
1905(b).
.
8.Restoration of
CHIP appropriation amounts under CHIPRA
(a)Restoration of
CHIPRA appropriation amountsSection 2104(a) of the Social Security Act
(42 U.S.C. 1397dd(a)) is amended—
(1)in paragraph (15),
by inserting and
after the semicolon at the end; and
(2)by striking
paragraphs (16) through (18) and inserting the following:
(16)for fiscal year 2013, for purposes of
making 2 semiannual allotments—
(A)$2,850,000,000 for
the period beginning on October 1, 2012, and ending on March 31, 2013,
and
(B)$2,850,000,000 for
the period beginning on April 1, 2013, and ending on September 30,
2013.
.
(b)
(1)Section 2104(m) of such Act (42 U.S.C.
1397dd(m)) is amended—
(A)in the heading, by
striking 2015
and inserting 2013
;
(B)in paragraph (2)—
(i)in paragraph heading, by striking
2014
and inserting 2012
; and
(ii)by striking
subparagraph (B);
(C)in paragraph (3)—
(i)in the paragraph
heading, by striking 2015
and inserting 2013
;
(ii)in subparagraphs
(A) and (B), by striking paragraph (18)
each place it appears
and inserting paragraph (16)
;
(iii)in subparagraph
(C)—
(I)by striking
2014
each place it appears and inserting 2012
;
and
(II)by striking
2015
and inserting 2013
; and
(iv)in subparagraph
(D)—
(I)in clause (i)(I),
by striking subsection (a)(18)(A)
and inserting
subsection (a)(16)(A)
; and
(II)in clause (ii)(II), by striking
subsection (a)(18)(B)
and inserting subsection
(a)(16)(B)
;
(D)in paragraph (4),
by striking 2015
and inserting 2013
;
(E)in paragraph
(6)—
(i)in subparagraph
(A), by striking 2015
and inserting 2013
;
and
(ii)in the flush text after and below
subparagraph (B)(ii), by striking , fiscal year 2012, or fiscal year
2014
and inserting or fiscal year 2012
; and
(F)in paragraph
(8)—
(i)in the paragraph
heading, by striking 2015
and inserting 2013
; and
(ii)by striking
2015
and inserting 2013
.
(2)Section 2104(n) of such Act (42 U.S.C.
1397dd(n)) is amended—
(A)in paragraph
(2)—
(i)in subparagraph
(A)(ii)—
(I)by striking
2014
and inserting 2012
; and
(II)by striking
2015
and inserting 2013
; and
(ii)in subparagraph
(B)—
(I)by striking
2014
and inserting 2012
; and
(II)by striking
2015
and inserting 2013
; and
(B)in paragraph
(3)(A), by striking fiscal year 2013, fiscal year 2014, or a semi-annual
allotment period for fiscal year 2015
and inserting or a
semiannual allotment period for fiscal year 2013
.
(3)Section 2105(g)(4)
of such Act (42 U.S.C. 1397ee(g)(4)) is amended—
(A)in the paragraph heading, by striking
2015
and inserting 2013
; and
(B)in subparagraph (A), striking
2015
and inserting 2013
.
9.Treatment of
children who are unable to be enrolled in CHIP due to a funding
shortfallSection 2105(d)(3)
of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is amended by striking
subparagraph (B).
10.Grants to
improve CHIP outreach and enrollmentSection 2113 of the Social Security Act (42
U.S.C. 1397mm) is amended—
(1)in subsection (a)(1), striking
2015
and inserting 2013
; and
(2)in subsection (g),
by striking $140,000,000 for the period of fiscal years 2009 through
2015
and inserting $100,000,000 for the period of fiscal years
2009 through 2013
.
11.Additional
one-time appropriations for CHIPSection 108 of the Children’s Health
Insurance Program Reauthorization Act of 2009 (42 U.S.C. 1397ee note) is
amended by striking $15,361,000,000 to accompany the allotment
and all that follows through allotments provided from such subsection
(a)(18)(A)
and inserting $11,706,000,000 to accompany the
allotment made for the period beginning on October 1, 2012, and ending on March
31, 2013, under section 2104(a)(16)(A) of the Social Security Act (42 U.S.C.
1397dd(a)(16)(A)) (as added by section 101), to remain available until
expended. Such amount shall be used to provide allotments to States under
paragraph (3) of section 2104(m) of the Social Security Act (42 U.S.C.
1397dd(i)), as added by section 102, for the first 6 months of fiscal year 2013
in the same manner as allotments are provided under subsection (a)(16)(A) of
such section 2104 and subject to the same terms and conditions as apply to the
allotments provided from such subsection (a)(16)(A).
.
12.Repeal of PPACA
Premium tax credits and cost-sharing subsidies
(a)Section 36B of the
Internal Revenue Code of 1986 is amended by striking subsection (a).
(b)Section
1402 of the Patient Protection and Affordable Care Act is repealed.
(c)Conforming
amendments To eliminate references to premium assistance and reductions in
cost-Sharing
(1)Internal Revenue
Code of 1986The Internal
Revenue Code of 1986 is amended—
(A)in section 36B, as
amended by subsection (a)—
(i)in
subsection (c)(2)(A)(ii), by striking (or through advance
payment
and all that follows through Act)
;
(ii)in
subsection (f)—
(I)by striking
paragraphs (1) and (2);
(II)in paragraph
(3)(B), by striking without regard to the credit under this section or
cost-sharing reductions under section 1402 of such Act
;
(III)in paragraph
(3), by striking subparagraphs (C) and (F); and
(IV)in paragraph
(3)(E), by striking necessary
and all that follows; and
(iii)in subsection (g), by striking ,
including
and all that follows through of the
credit
;
(B)in section 280C,
by striking subsection (g) (relating to credit for health insurance
premiums);
(C)in section
4980H(c), by striking paragraph (3);
(D)in section
5000A—
(i)in
subsection (e)(1)—
(I)in subparagraph
(A), by striking for the taxable year described in section 1412(b)(1)(B)
of the Patient Protection and Affordable Care Act
and inserting
for the most recent taxable year for which the Secretary of Health and
Human Services, after consultation with the Secretary of the Treasury,
determines information is available
; and
(II)in subparagraph
(B)(ii), by striking , reduced by the amount of the credit allowable
under section 36B for the taxable year (determined as if the individual was
covered by a qualified health plan offered through the Exchange for the entire
taxable year)
; and
(ii)in
subsection (e)(2), by striking described in section 1412(b)(1)(B) of the
Patient Protection and Affordable Care Act
and inserting
described in paragraph (1)(A)
;
(E)in section
6055(b)(1), by amending clause (iii) to read as follows:
(iii)in the case of minimum essential coverage
which consists of health insurance coverage, information concerning whether or
not the coverage is a qualified health plan offered through an Exchange
established under section 1311 of the Patient Protection and Affordable Care
Act, and
;
and
(F)in section
6103(l)(21)(A), in the matter before clause (i), by striking any premium
tax credit under section 36B or any cost-sharing reduction under section 1402
of the Patient Protection and Affordable Care Act or
.
(2)Fair Labor
Standards Act of 1938The
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
(A)in section 18B(a)—
(i)in
paragraph (1), by inserting and
after the semicolon at the end;
and
(ii)by
striking paragraph (2); and
(B)in section 18C(a),
by striking paragraph (1).
(3)Public Health
Service Act amendmentsTitle
XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is
amended—
(A)in section
2705(l)(3)(A)—
(i)by
striking the em dash before clause (i) and inserting will not result in
any decrease in coverage.
; and
(ii)by
striking clauses (i) and (ii); and
(B)in section
2793(c)—
(i)by
inserting and
at the end of paragraph (3);
(ii)by
striking ; and
at the end of paragraph (4); and
(iii)by
striking paragraph (5).
(4)Patient
Protection and Affordable Care Act amendmentsThe Patient Protection and Affordable Care
Act (Public Law 111–148, as amended) is amended—
(A)in section
1311(d)(4)—
(i)in
subparagraph (G), by striking after the application of any premium tax
credit
and all that follows through section 1402
;
and
(ii)in
subparagraph (I), by striking clause (ii);
(B)in section
1311(i)(3)(B), by striking , and the availability of premium tax credits
and all that follows through section 1402
;
(C)in section
1331(d)(3)(A)(i) is amended by inserting and section 8 of the Common
Sense Deficit Reduction Act of 2011 had not been enacted
before the
period at the end;
(D)in section
1332(a)—
(i)in
paragraph (2), by striking subparagraph (C); and
(ii)in
paragraph (3), by striking premium tax credits, cost-sharing
reductions
;
(E)in section 1334(c)
by striking paragraph (3);
(F)in section
1401(c)(1)(A), by striking clause (i);
(G)in section
1411—
(i)in
subsection (a)(1)—
(I)by striking
or who is claiming a premium tax credit or reduced cost-sharing,
; and
(II)by striking
sections 1312(f)(3), 1402(e), and 1412(d)
and inserting
section 1312(f)(3)
;
(ii)in
subsection (a), by striking paragraph (2);
(iii)in
subsection (b), by striking paragraphs (3) and (4); and
(iv)in
subsection (e)—
(I)in paragraph (2),
by amending subparagraph (A) to read as follows:
(A)Eligibility for
enrollmentIf information
provided by an applicant under paragraphs (1) and (2) of subsection (b) is
verified under subsections (c) and (d) the individual’s eligibility to enroll
through the Exchange shall be
satisfied.
;
and
(II)in paragraph
(4)(B), by striking clause (iii);
(H)by striking
section 1412;
(I)in section
1413(e)(1), by striking , including the premium tax credits under
section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions
under section 1402
;
(J)by striking
section 1415; and
(K)in section 2901,
by striking subsection (a).
(5)Section 1943(b) of the Social Security Act (42 U.S.C.
1396w–3(b)) is amended—
(A)in paragraph
(1)(C)—
(i)by
striking and, if applicable, premium assistance
and all that
follows through section 1412 of the Patient Protection and Affordable
Care Act),
; and
(ii)by striking reduced cost-sharing for
eligible individuals under section 1402 of the Patient Protection and
Affordable Care Act, and any other
and inserting
any
;
(B)in paragraph
(1)(D), by striking , child health assistance, or premium
assistance,
and inserting or child health
assistance,
;
(C)by striking
paragraph (2); and
(D)in paragraph (4), by striking and
who is eligible to receive premium credit assistance for the purchase of a
qualified health plan under section 36B of the Internal Revenue Code of
1986
.
13.Treatment of
individual mandateSection
1311(d)(4)(H) of the Patient Protection and Affordable Care Act is
amended—
(1)in clause (i), by
striking or
after the semicolon at the end;
(2)in clause (ii), by
inserting or
after the semicolon at the end; and
(3)by adding at the
end the following new clause:
(iii)the individual would have qualified for
premium assistance under section 36B of the Internal Revenue Code of 1986,
medical assistance under title XIX of the Social Security Act, child health
assistance under title XXI of such Act, or reduced cost-sharing under section
1402, but for the enactment of the Common Sense Deficit Reduction Act of
2011;
.
14.
(a)Title XXXII of the
Public Health Service Act (42 U.S.C. 30011 et seq.) is repealed.
(b)
(1)Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended—
(A)in paragraph (80),
by inserting and
after the semicolon at the end; and
(B)by striking
paragraphs (81) and (82).
(2)Section 8002 of the Patient Protection and
Affordable Care Act is amended by striking subsections (c) and (f).
(3)Section 6021(d) of
the Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) is amended—
(A)in paragraph
(2)(A)—
(i)in
clause (ii), by inserting and
at the end;
(ii)in
clause (iii), by striking ; and
at the end and inserting a
period; and
(iii)by
striking clause (iv); and
(B)in paragraph (3),
by striking 2015
and inserting 2012
.