[116th Congress Public Law 39]
[From the U.S. Government Publishing Office]



[[Page 133 STAT. 1061]]

Public Law 116-39
116th Congress

                                 An Act


 
 To provide for certain extensions with respect to the Medicaid program 
       under title XIX of the Social Security Act, and for other 
            purposes. <<NOTE: Aug. 6, 2019 -  [H.R. 3253]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sustaining 
Excellence in Medicaid Act of 2019.>> 
SECTION 1. <<NOTE: 42 USC 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) <<NOTE: 42 USC 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''.

[[Page 133 STAT. 1062]]

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.''.

    Approved August 6, 2019.

LEGISLATIVE HISTORY--H.R. 3253:
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CONGRESSIONAL RECORD, Vol. 165 (2019):
            June 18, considered and passed House.
            July 25, considered and passed Senate, amended.
            July 30, House concurred in Senate amendment.

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