[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 985]]
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 986]]
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 987]]
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.