I 112th CONGRESS 1st Session H. R. 3542 IN THE HOUSE OF REPRESENTATIVES December 1, 2011 Mr. Grijalva introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 5001 of division B of the American Recovery and Reinvestment Act of 2009 to extend the temporary increase in Medicaid FMAP through the end of fiscal year 2012.

1.

Short title

This Act may be cited as the Medicaid Enhancement and Emergency Job Creation Act of 2011.

2.

Extension of ARRA increase in FMAP through fiscal year 2012

(a)

In general

Section 5001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), as amended by section 201 of Public Law 111–226, is amended— (1)in subsection (a)— (A)by striking and at the end of paragraph (2); (B)in paragraph (3), by striking , but only for the first 3 calendar quarters in fiscal year 2011. and inserting ; and; and (C)by adding at the end the following new paragraph: (4)fiscal year 2011 is less than the FMAP as so determines for fiscal year 2008, fiscal year 2009 (after the application of paragraph (1)), fiscal year 2010 (after the application of paragraph (2), or fiscal year 2011 (after the application of paragraph (3)), the greatest of such FMAP for the State for fiscal year 2008, fiscal year 2009, fiscal year 2010, or fiscal year 2011, shall be substituted for the State’s FMAP for fiscal year 2012 before the application of this section. ; (2)in subsection (b)(3), by adding at the end the following: (C)

Fourth quarter of fiscal year 2011 and first and second quarters of fiscal year 2012

For each State, for the fourth quarter of fiscal year 2011 and the first and second quarters of fiscal year 2012, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 6.2 percentage points. (D)

Third quarter of fiscal year 2012

For each State, for the third quarter of fiscal year 2012, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 3.2 percentage points. (E)

Fourth quarter of fiscal year 2011

For each State, for the fourth quarter of fiscal year 2012, the FMAP percentage increase for the State under paragraph (1) or (2) (as applicable) shall be 1.2 percentage points. ; (3)in subsection (c)— (A)in paragraph (2)(B), by striking January 1, 2011 and inserting April 1, 2012; (B)in paragraph (3)(B)(i), by striking January 1, 2011 and inserting April 1, 2012 each place it appears; and (C)in paragraph (4)(C)(ii), by striking January 2011 and inserting April 2012; (4)in subsection (f)(1)(A), by adding at the end the following: The previous sentence shall apply for quarters beginning after the date of the enactment of this sentence in the case of a State operating under a Statewide waiver as of such date regardless of whether the waiver in effect on July 1, 2008, was renewed or extended after such date; (5)in subsection (g)(1), by striking March 31, 2012 and inserting September 30, 2013; and (6)in subsection (h)(3), by striking June 30, 2011 and inserting September 30, 2012. (b)

Payment adjustment

The Secretary of Health and Human Services shall provide, not later than 30 days after the date of the enactment of this Act, for such adjustments of payments to States under title XIX of the Social Security Act as may be necessary for calendar quarters ending before such date to reflect the amendments made by subsection (a).