Sustaining Excellence in Medicaid Act of 2019 Public Law 116–39 Sustaining Excellence in Medicaid Act of 2019 39 116–39 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 Sustaining Excellence in Medicaid Act of 2019 15395 116 2019-08-06 Sustaining Excellence in Medicaid Act of 2019 [(Public Law 116–39)] [This law has not been amended] [Currency: This publication is a compilation of the text of Public Law 116–39. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo provide for certain extensions with respect to the Medicaid program under title XIX of the Social Security Act, 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. [42 U.S.C. 1305 note] SHORT TITLE. This Act may be cited as the “Sustaining Excellence in Medicaid Act of 2019”.
SEC. 2. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note), as amended by Public Law 116-29, is amended by striking “July 14, 2019” and inserting “September 13, 2019”.
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 “September 30, 2019” and inserting “December 31, 2019”. (b) [42 U.S.C. 1396a note] Rule of Construction.—Nothing in section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be construed as prohibiting a State from applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— (1) to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or resources of such individual’s spouse); or (2) on the basis of an individual’s need for home and community-based services authorized under subsection (c), (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315).
SEC. 4. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION. Section 6071(h)(1)(F) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking “$132,000,000” and inserting “$254,500,000”.
SEC. 5. EXTENSION FOR FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is amended— (1) in paragraph (1)(A)(vii), by striking “and 2019” and inserting “through 2024”; and (2) in paragraph (3)(C), by striking “fiscal years 2018 and 2019” and inserting “fiscal year 2018 and each fiscal year thereafter”.
SEC. 6. REDUCED WHOLESALE ACQUISITION COST (WAC)-BASED PAYMENTS FOR NEW DRUGS AND BIOLOGICALS. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w-3a(c)(4)) is amended by striking “payable under this section for the drug or biological based on—” and all that follows through the period at the end and inserting the following: “payable under this section— “(A) in the case of a drug or biological furnished prior to January 1, 2019, based on— “(i) the wholesale acquisition cost; or “(ii) the methodologies in effect under this part on November 1, 2003, to determine payment amounts for drugs or biologicals; and “(B) in the case of a drug or biological furnished on or after January 1, 2019— “(i) at an amount not to exceed 103 percent of the wholesale acquisition cost; or “(ii) based on the methodologies in effect under this part on November 1, 2003, to determine payment amounts for drugs or biologicals.” .