    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <>  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) <>  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 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.