[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 259 Enrolled Bill (ENR)]
H.R.259
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
An Act
To extend the Medicaid Money Follows the Person Rebalancing
demonstration, to extend protection for Medicaid recipients of home and
community-based services against spousal impoverishment, and for other
purposes.
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 ``Medicaid Extenders Act of 2019''.
SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) General Funding.--Section 6071(h) of the Deficit Reduction Act
of 2005 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after the
semicolon;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) subject to paragraph (3), $112,000,000 for fiscal
year 2019.'';
(2) in paragraph (2)--
(A) by striking ``Amounts made'' and inserting ``Subject to
paragraph (3), amounts made''; and
(B) by striking ``September 30, 2016'' and inserting
``September 30, 2021''; and
(3) by adding at the end the following new paragraph:
``(3) Special rule for fy 2019.--Funds appropriated under
paragraph (1)(F) shall be made available for grants to States only
if such States have an approved MFP demonstration project under
this section as of December 31, 2018.''.
(b) Funding for Quality Assurance and Improvement; Technical
Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
inserting the following:
``(2) Funding.--From the amounts appropriated under subsection
(h)(1)(F) for fiscal year 2019, $500,000 shall be available to the
Secretary for such fiscal year to carry out this subsection.''.
(c) Technical Amendment.--Section 6071(b) of the Deficit Reduction
Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the
following:
``(10) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.''.
SEC. 3. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND
COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``the 5-year period that begins on
January 1, 2014,'' and inserting ``the period beginning on January 1,
2014, and ending on March 31, 2019,''.
(b) Rule of Construction.--
(1) Protecting state spousal income and asset disregard
flexibility under waivers and plan amendments.--Nothing in section
2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1924
of the Social Security Act (42 U.S.C. 1396r-5) shall be construed
as prohibiting a State from disregarding an individual's spousal
income and assets under a State waiver or plan amendment described
in paragraph (2) for purposes of making determinations of
eligibility for home and community-based services or home and
community-based attendant services and supports under such waiver
or plan amendment.
(2) State waiver or plan amendment described.--A State waiver
or plan amendment described in this paragraph is any of the
following:
(A) A waiver or plan amendment to provide medical
assistance for home and community-based services under a waiver
or plan amendment under subsection (c), (d), or (i) of section
1915 of the Social Security Act (42 U.S.C. 1396n) or under
section 1115 of such Act (42 U.S.C. 1315).
(B) A plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act
(42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of
such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or
other remedial care under which the State disregarded the
income and assets of the individual's spouse in determining the
initial and ongoing financial eligibility of an individual for
such services in place of the spousal impoverishment provisions
applied under section 1924 of such Act (42 U.S.C. 1396r-5).
(C) A plan amendment to provide medical assistance for home
and community-based attendant services and supports under
section 1915(k) of such Act (42 U.S.C. 1396n(k)).
SEC. 4. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT ASSET
VERIFICATION PROGRAM.
Section 1940 of the Social Security Act (42 U.S.C. 1396w) is
amended by adding at the end the following new subsection:
``(k) Reduction in FMAP After 2020 for Non-Compliant States.--
``(1) In general.--With respect to a calendar quarter beginning
on or after January 1, 2021, the Federal medical assistance
percentage otherwise determined under section 1905(b) for a non-
compliant State shall be reduced--
``(A) for calendar quarters in 2021 and 2022, by 0.12
percentage points;
``(B) for calendar quarters in 2023, by 0.25 percentage
points;
``(C) for calendar quarters in 2024, by 0.35 percentage
points; and
``(D) for calendar quarters in 2025 and each year
thereafter, by 0.5 percentage points.
``(2) Non-compliant state defined.--For purposes of this
subsection, the term `non-compliant State' means a State--
``(A) that is one of the 50 States or the District of
Columbia;
``(B) with respect to which the Secretary has not approved
a State plan amendment submitted under subsection (a)(2); and
``(C) that is not operating, on an ongoing basis, an asset
verification program in accordance with this section.''.
SEC. 5. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended by striking ``$31,000,000'' and inserting
``$6,000,000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.