[110th Congress Public Law 90]
[From the U.S. Government Printing Office]


[DOCID: f:publ090.110]

[[Page 983]]

    TMA, ABSTINENCE EDUCATION, AND QI PROGRAMS EXTENSION ACT OF 2007

[[Page 121 STAT. 984]]

Public Law 110-90
110th Congress

                                 An Act


 
 To provide for the extension of transitional medical assistance (TMA), 
 the abstinence education program, and the qualifying individuals (QI) 
    program, and for other purposes. <<NOTE: Sept. 29, 2007 -  [H.R. 
                                3668]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: TMA, Abstinence Education, 
and QI Programs Extension Act of 2007. 42 USC 1305 note.>> assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TMA, Abstinence Education, and QI 
Programs Extension Act of 2007''.
SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND 
                    ABSTINENCE EDUCATION PROGRAM THROUGH DECEMBER 
                    31, 2007.

    Section 401 of division B of the Tax Relief and Health Care Act of 
2006 (Public Law 109-432), as amended by section 1 of Public Law 110-
48, <<NOTE: Ante, p. 244.>>  is amended--
            (1) by striking ``September 30'' and inserting ``December 
        31'';
            (2) by striking ``for fiscal year 2006'' and inserting ``for 
        fiscal year 2007'';
            (3) by striking ``the fourth quarter of fiscal year 2007'' 
        and inserting ``the first quarter of fiscal year 2008''; and
            (4) by striking ``the fourth quarter of fiscal year 2006'' 
        and inserting ``the first quarter of fiscal year 2007''.
SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM THROUGH 
                    DECEMBER 2007.

    (a) Through December 2007.--Section 1902(a)(10)(E)(iv) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking 
``September 2007'' and inserting ``December 2007''.
    (b) Extending Total Amount Available for Allocation.--Section 
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(H) for the period that begins on October 1, 2007, 
                and ends on December 31, 2007, the total allocation 
                amount is $100,000,000.''; and
            (2) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``or (F)'' and inserting ``(F), or (H)''.

[[Page 121 STAT. 985]]

    (c) <<NOTE: 42 USC 1396a note.>> Effective Date.--The amendments 
made by this section shall be effective as of September 30, 2007.
SEC. 4. <<NOTE: 42 USC 1396a note.>> EXTENSION OF SSI WEB-BASED 
                    ASSET DEMONSTRATION PROJECT TO THE MEDICAID 
                    PROGRAM.

    (a) <<NOTE: Effective date. Termination date.>> In General.--
Beginning on October 1, 2007, and ending on September 30, 2012, the 
Secretary of Health and Human Services shall provide for the application 
to asset eligibility determinations under the Medicaid program under 
title XIX of the Social Security Act of the automated, secure, web-based 
asset verification request and response process being applied for 
determining eligibility for benefits under the Supplemental Security 
Income (SSI) program under title XVI of such Act under a demonstration 
project conducted under the authority of section 1631(e)(1)(B)(ii) of 
such Act (42 U.S.C. 1383(e)(1)(B)(ii)).

    (b) Limitation.--Such application shall only extend to those States 
in which such demonstration project is operating and only for the period 
in which such project is otherwise provided.
    (c) Rules of Application.--For purposes of carrying out subsection 
(a), notwithstanding any other provision of law, information obtained 
from a financial institution that is used for purposes of eligibility 
determinations under such demonstration project with respect to the 
Secretary of Health and Human Services under the SSI program may also be 
shared and used by States for purposes of eligibility determinations 
under the Medicaid program. In applying section 1631(e)(1)(B)(ii) of the 
Social Security Act under this subsection, references to the 
Commissioner of Social Security and benefits under title XVI of such Act 
shall be treated as including a reference to a State described in 
subsection (b) and medical assistance under title XIX of such Act 
provided by such a State.
SEC. 5. <<NOTE: 42 USC 1396b note.>> 6-MONTH DELAY IN REQUIREMENT 
                    TO USE TAMPER-RESISTANT PRESCRIPTION PADS 
                    UNDER MEDICAID.

    Effective <<NOTE: Effective date.>> as if included in the enactment 
of section 7002(b) of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28, 121 Sta. 187), paragraph (2) of such section <<NOTE: 42 USC 
1396b note.>> is amended by striking ``September 30, 2007'' and 
inserting ``March 31, 2008''.
SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSISTANCE 
                    AND QUALITY INITIATIVE FUND.

    Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w-
4(l)(2)) is amended--
            (1) in subparagraph (A), by adding at the end the following: 
        ``In addition, there shall be available to the Fund for 
        expenditures during 2009 an amount equal to $325,000,000 and for 
        expenditures during or after 2013 an amount equal to 
        $60,000,000.''; and
            (2) in subparagraph (B)--
                    (A) in the heading, by striking ``furnished during 
                2008'';
                    (B) by striking ``specified in subparagraph (A)'' 
                and inserting ``specified in the first sentence of 
                subparagraph (A)''; and
                    (C) by inserting after ``furnished during 2008'' the 
                following: ``and for the obligation of the entire first 
                amount specified in the second sentence of such 
                subparagraph for payment with respect to physicians' 
                services furnished

[[Page 121 STAT. 986]]

                during 2009 and of the entire second amount so specified 
                for payment with respect to physicians' services 
                furnished on or after January 1, 2013''.
SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 AND 
                    2009 OF A PROSPECTIVE DOCUMENTATION AND CODING 
                    ADJUSTMENT IN RESPONSE TO THE IMPLEMENTATION 
                    OF THE MEDICARE SEVERITY DIAGNOSIS RELATED 
                    GROUP (MS-DRG) SYSTEM UNDER THE MEDICARE 
                    PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT 
                    HOSPITAL SERVICES.

    (a) In General.--In implementing the final rule published on August 
22, 2007, on pages 47130 through 48175 of volume 72 of the Federal 
Register, the Secretary of Health and Human Services (in this section 
referred to as the ``Secretary'') shall apply prospective documentation 
and coding adjustments (made in response to the implementation of a 
Medicare Severity Diagnosis Related Group (MS-DRG) system under the 
hospital inpatient prospective payment system under section 1886(d) of 
the Social Security Act (42 U.S.C. 1395ww(d)) of--
            (1) for discharges occurring during fiscal year 2008, 0.6 
        percent rather than the 1.2 percent specified in such final 
        rule; and
            (2) for discharges occurring during fiscal year 2009, 0.9 
        percent rather than the 1.8 percent specified in such final 
        rule.

    (b) Subsequent Adjustments.--
            (1) In general.--Notwithstanding any other provision of law, 
        if the Secretary determines that implementation of such Medicare 
        Severity Diagnosis Related Group (MS-DRG) system resulted in 
        changes in coding and classification that did not reflect real 
        changes in case mix under section 1886(d) of the Social Security 
        Act (42 U.S.C. 1395ww(d)) for discharges occurring during fiscal 
        year 2008 or 2009 that are different than the prospective 
        documentation and coding adjustments applied under subsection 
        (a), the Secretary shall--
                    (A) make an appropriate adjustment under paragraph 
                (3)(A)(vi) of such section 1886(d); and
                    (B) make an additional adjustment to the 
                standardized amounts under such section 1886(d) for 
                discharges occurring only during fiscal years 2010, 
                2011, and 2012 to offset the estimated amount of the 
                increase or decrease in aggregate payments (including 
                interest as determined by the Secretary) determined, 
                based upon a retrospective evaluation of claims data 
                submitted under such Medicare Severity Diagnosis Related 
                Group (MS-DRG) system, by the Secretary with respect to 
                discharges occurring during fiscal years 2008 and 2009.
            (2) Requirement.--Any adjustment under paragraph (1)(B) 
        shall reflect the difference between the amount the Secretary 
        estimates that implementation of such Medicare Severity 
        Diagnosis Related Group (MS-DRG) system resulted in changes in 
        coding and classification that did not reflect real changes in 
        case mix and the prospective documentation and coding 
        adjustments applied under subsection (a). An adjustment made 
        under paragraph (1)(B) for discharges occurring in a year shall 
        not be included in the determination of standardized amounts for 
        discharges occurring in a subsequent year.

[[Page 121 STAT. 987]]

            (3) Rule of construction.--Nothing in this section shall be 
        construed as--
                    (A) requiring the Secretary to adjust the average 
                standardized amounts under paragraph (3)(A)(vi) of such 
                section 1886(d) other than as provided under this 
                section; or
                    (B) providing authority to apply the adjustment 
                under paragraph (1)(B) other than for discharges 
                occurring during fiscal years 2010, 2011, and 2012.
            (4) Judicial review.--There shall be no administrative or 
        judicial review under section 1878 of the Social Security Act 
        (42 U.S.C. 1395oo) or otherwise of any determination or 
        adjustments made under this subsection.

    Approved September 29, 2007.

LEGISLATIVE HISTORY--H.R. 3668:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            Sept. 26, considered and passed House.
            Sept. 27, considered and passed Senate.

                                  <all>