[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Pages S1210-S1211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 978. Mr. BRAUN 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:

        Strike section 9814 and insert the following:

     SEC. 9814. TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE 
                   UNDER STATE MEDICAID PLANS WHICH BEGIN TO 
                   EXPEND AMOUNTS FOR CERTAIN MANDATORY 
                   INDIVIDUALS.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d), as amended by section 9811 of this 
     subtitle, is further amended--
       (1) in subsection (b), in the first sentence, by striking 
     ``and (hh)'' and inserting ``(hh), and (ii)'';
       (2) in subsection (ff), by striking ``subject to subsection 
     (hh)'' and inserting ``subject to subsections (hh) and 
     (ii)''; and
       (3) by adding at the end the following new subsection:
       ``(ii) Temporary Increase in FMAP for Medical Assistance 
     Under State Medicaid Plans Which Begin to Expend Amounts for 
     Certain Mandatory Individuals.--
       ``(1) In general.--For each quarter occurring during the 8-
     quarter period beginning with the first calendar quarter 
     during which a qualifying State (as defined in paragraph (3)) 
     expends amounts for all individuals described in section 
     1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of 
     such plan), the Federal medical assistance percentage 
     determined under subsection (b) for such State shall, after 
     application of any increase, if applicable, under section 
     6008 of the Families First Coronavirus Response Act, be 
     increased by 5 percentage points, except for any quarter (and 
     each subsequent quarter) during such period during which the 
     State ceases to provide medical assistance to any such 
     individual under the State plan (or waiver of such plan).
       ``(2) Special application rules.--Any increase described in 
     paragraph (1) (or payment made for expenditures on medical 
     assistance that are subject to such increase)--
       ``(A) shall not apply with respect to disproportionate 
     share hospital payments described in section 1923;
       ``(B) shall not be taken into account in calculating the 
     enhanced FMAP of a State under section 2105;
       ``(C) shall not be taken into account for purposes of part 
     A, D, or E of title IV; and
       ``(D) shall not be taken into account for purposes of 
     applying payment limits under subsections (f) and (g) of 
     section 1108.
       ``(3) Definition.--For purposes of this subsection, the 
     term `qualifying State' means a State which has not expended 
     amounts for all individuals described in section 
     1902(a)(10)(A)(i)(VIII) before the date of the enactment of 
     this subsection.''.
       (b) Conditions on Providing Medical Assistance to Certain 
     Mandatory Individuals.--Section 1902 of the Social Security 
     Act (42 U.S.C. 1396a) is amended--
       (1) in subsection (a)(10)(A)(i)(VIII), by striking 
     ``beginning January 1, 2014'' and inserting ``subject to 
     subsection (tt)''; and
       (2) by adding at the end the following new subsection:
       ``(tt) Conditions on the Provision of Medical Assistance to 
     Certain Individuals.--

[[Page S1211]]

       ``(1) In general.--A State that is a qualifying State (as 
     defined in section 1905(ii)(3)) shall not provide medical 
     assistance to individuals described in subsection 
     (a)(10)(A)(i)(VIII) unless the State meets the requirements 
     described in paragraph (2).
       ``(2) Requirements.--The requirements described in this 
     paragraph are the following:
       ``(A) Drug testing.--The State requires individuals 
     described in subsection (a)(10)(A)(i)(VIII) to receive a drug 
     test as a condition of eligibility for medical assistance 
     under the State plan or a waiver of such plan.
       ``(B) Substance use disorder treatment.--The State requires 
     any individual described in subsection (a)(10)(A)(i)(VIII) 
     who tests positive for drug use or is otherwise known to the 
     State to have a substance use disorder to receive substance 
     use disorder treatment as a condition of eligibility for 
     medical assistance under the State plan or a waiver of such 
     plan.''.
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