[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.