[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Pages S1196-S1197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 923. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

       Insert after section 9817 the following:

     SEC. 9817A. LIMITATION ON INCREASES IN THE FEDERAL MEDICAL 
                   ASSISTANCE PERCENTAGE.

       (a) In General.--With respect to each of fiscal years 2021 
     through 2030, if the most recently determined payment error 
     rate measurement (PERM) for a State Medicaid program for the 
     preceding fiscal year exceeds 10 percent, then, in the case 
     of payments to the State under a State plan approved under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
     or a waiver of such plan for expenditures described in 
     subsection (b) for any quarter of such fiscal year, the 
     Federal medical assistance percentage determined for the 
     State and fiscal year under section 1905(b) of the Social 
     Security Act (42 U.S.C. 1396d(b)) (or, if applicable, under 
     section 1905(ff) of such Act (42 U.S.C. 1396d(ff)) shall be 
     substituted for the applicable FMAP increases described in 
     subsection (c) that would apply in the absence of this 
     subsection.
       (b) Expenditures Described.--The expenditures described in 
     this subsection are the following:
       (1) Amounts expended by the State for medical assistance 
     for qualifying community-based mobile crisis intervention 
     services under section 1947 of the Social Security Act, as 
     added by section 9813.
       (2) Amount expended by a State that is a qualifying State 
     (as defined in section 1905(ii)(3) of the Social Security 
     Act, as added by section 9814) for all individuals described 
     in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act 
     under the State plan (or waiver of such plan) under title XIX 
     of such Act.
       (3) Amounts expended by a State that meets the HCBS program 
     requirements under section 9817(b) for home and community-
     based services (as defined in paragraph (2)(B) of section 
     9817(a)) that are provided during the HCBS program 
     improvement period (as defined in paragraph (2)(A) of section 
     9817(a)).
       (c) Applicable FMAP Increases Described.--The applicable 
     FMAP increases described in this subsection are the 
     following:
       (1) The Federal medical assistance percentage applicable 
     under subsection (c) of section 1947 of the Social Security 
     Act, as added by section 9813.
       (2) The increase to the Federal medical assistance 
     percentage applicable under section 1905(ii) of the Social 
     Security Act, as added by section 9814.
       (3) The increase to the Federal medical assistance 
     percentage applicable under section 9817(a).
       (4) Any Federal medical assistance percentage or increase 
     to such percentage applicable under subsection (y), (z), or 
     (aa) of section 1905 of the Social Security Act (42 U.S.C. 
     1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or 
     section 6008(a) of the Families First Coronavirus Response 
     Act (Public Law 116-127).

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