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Code · BILL · 115th Congress · H.R. 195 (EAH) — 115 HR 195 EAH: · Sec. 3002

Sec. 3002. Six-year funding extension of the Children’s Health Insurance Program

1,840 words·~8 min read·/bill/115/hr/195/eah/section-3002

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Section 2104(a) of the Social Security Act ( 42 U.S.C. 1397dd(a) ), as amended by section 3201(a) of the CHIP and Public Health Funding Extension Act (division C of Public Law 115–96 ), is amended— in paragraph (20)(B), by striking ; and and inserting a semicolon; by striking paragraph
(21)and inserting the following new paragraphs: for fiscal year 2018, $21,500,000,000; for fiscal year 2019, $22,600,000,000; for fiscal year 2020, $23,700,000,000; for fiscal year 2021, $24,800,000,000; for fiscal year 2022, $25,900,000,000; and for fiscal year 2023, for purposes of making two semi-annual allotments— $2,850,000,000 for the period beginning on October 1, 2022, and ending on March 31, 2023; and $2,850,000,000 for the period beginning on April 1, 2023, and ending on September 30, 2023. . Notwithstanding any other provision of law, insofar as funds have been appropriated under subsection (a)(21) of section 2104 of the Social Security Act ( 42 U.S.C. 1397dd ), as such subsection is in effect on the day before the date of the enactment of this Act, to provide allotments to States under the State Children's Health Insurance Program established under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.) (whether implemented under title XIX, XXI, or both, of the Social Security Act) for fiscal year 2018— any amounts that are so appropriated that are not so allotted and obligated before the date of the enactment of this Act, are rescinded; and any amount provided for CHIP allotments to a State under this section (and the amendments made by this section) for such fiscal year shall be reduced by the amount of such appropriations so allotted and obligated before such date. Section 2104(m) of the Social Security Act ( 42 U.S.C. 1397dd(m) ), as amended by section 3201(b) of the CHIP and Public Health Funding Extension Act (division C of Public Law 115–96 ), is amended— in paragraph (2)(B)— in the matter preceding clause (i), by striking
(19)and inserting
(25); in clause (i), by striking and 2017 and inserting , 2017, and 2023 ; and in clause (ii)— in the matter preceding subclause (I), by striking and paragraph
(10); and in subclause (I), by inserting (or, in the case of fiscal year 2018, under paragraph (4)) after clause
(i); in paragraph (5), by striking 2018 and inserting 2023 ; in paragraph (7)— in subparagraph (A), by striking 2017 and inserting 2023 ; in subparagraph (B), in the matter preceding clause (i), by inserting (or, in the case of fiscal year 2018, by not later than the date that is 60 days after the date of the enactment of the HEALTHY KIDS Act) after before the August 31 preceding the beginning of the fiscal year ; and in the matter following subparagraph (B), by striking or fiscal year 2016 and inserting fiscal year 2016, fiscal year 2018, fiscal year 2020, or fiscal year 2022 ; in paragraph (9), by striking 2018 and inserting 2023 ; and by amending paragraph
(10)to read as follows: 2023 Subject to paragraphs
(5)and (7), from the amount made available under subparagraph
(A)of paragraph
(26)of subsection
(a)for the semi-annual period described in such subparagraph, increased by the amount of the appropriation for such period under section 3002(b)(2) of the HEALTHY KIDS Act, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the first half ratio (described in subparagraph (D)) of the amount described in subparagraph (C). Subject to paragraphs
(5)and (7), from the amount made available under subparagraph
(B)of paragraph
(26)of subsection
(a)for the semi-annual period described in such subparagraph, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the amount made available under such subparagraph, multiplied by the ratio of— the amount of the allotment to such State under subparagraph (A); to the total of the amount of all of the allotments made available under such subparagraph. The amount described in this subparagraph for a State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in fiscal year 2022 (including payments made to the State under subsection
(n)for fiscal year 2022 as well as amounts redistributed to the State in fiscal year 2022), multiplied by the allotment increase factor under paragraph
(6)for fiscal year 2023. The first half ratio described in this subparagraph is the ratio of— the sum of— the amount made available under subsection (a)(26)(A); and the amount of the appropriation for such period under section 3002(b)(2) of the HEALTHY KIDS Act; to the sum of— the amount described in clause (i); and the amount made available under subsection (a)(26)(B). . 2023 There is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $20,200,000,000 to accompany the allotment made for the period beginning on October 1, 2022, and ending on March 31, 2023, under paragraph (26)(A) of section 2104(a) of the Social Security Act ( 42 U.S.C. 1397dd(a) ) (as added by subsection (a)), to remain available until expended. Such amount shall be used to provide allotments to States under paragraph
(10)of section 2104(m) of such Act (as added by paragraph (1)) for the first 6 months of fiscal year 2023 in the same manner as allotments are provided under subsection (a)(26)(A) of such section 2104 and subject to the same terms and conditions as apply to the allotments provided from such subsection (a)(26)(A). Section 2104(n) of the Social Security Act ( 42 U.S.C. 1397dd(n) ) is amended— in paragraph (2)— in subparagraph (A)(ii)— by striking 2010, 2011, 2012, 2013, 2014, and 2016 and inserting 2010 through 2014, 2016, and 2018 through 2022 ; and by striking fiscal year 2015 and fiscal year 2017 and inserting fiscal years 2015, 2017, and 2023 ; and in subparagraph (B)— by striking 2010, 2011, 2012, 2013, 2014, and 2016 and inserting 2010 through 2014, 2016, and 2018 through 2022 ; and by striking fiscal year 2015 and fiscal year 2017 and inserting fiscal years 2015, 2017, and 2023 ; and in paragraph (3)(A), in the matter preceding clause (i), by striking or a semi-annual allotment period for fiscal year 2015 or 2017 and inserting or in any of fiscal years 2018 through 2022 (or a semi-annual allotment period for fiscal year 2015, 2017, or 2023) . Section 2105(g)(4) of the Social Security Act ( 42 U.S.C. 1397ee(g)(4) ) is amended— in the heading, by striking and inserting through 2017 ; and through 2023 in subparagraph (A), by striking 2017 and inserting 2023 . Section 2104(f)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1397dd(f)(2)(B)(ii) ), as amended by section 3201(c) of the CHIP and Public Health Funding Extension Act (division C of Public Law 115–96 ), is amended— in subclause (I), by striking for the month (as defined in subclause (II)) and inserting (as defined in subclause (II)) for the month ; in subclause (II), by inserting , as in effect on the day before the date of the enactment of the HEALTHY KIDS Act, after section 2105(g)(4)(A) ; and in subclause (VI)— by inserting , as in effect on the day before the date of the enactment of the HEALTHY KIDS Act after , section 2105(g)(4) ; and by inserting , as so in effect after under section 2105(g)(4) . Section 1902(e)(13)(I) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(I) ) is amended by striking 2017 and inserting 2023 . Section 2105(d)(3) of the Social Security Act ( 42 U.S.C. 1397ee(d)(3) ) is amended— in the paragraph heading, by striking and inserting until October 1 , 2019 ; and through September 30 , 2023 in subparagraph (A), in the matter preceding clause (i)— by striking 2019 and inserting 2023 ; and by striking The preceding sentence shall not be construed as preventing a State during such period and inserting During the period that begins on October 1, 2019, and ends on September 30, 2023, the preceding sentence shall only apply with respect to children in families whose income does not exceed 300 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved. The preceding sentences shall not be construed as preventing a State during any such periods . Section 1902(gg)(2) of the Social Security Act ( 42 U.S.C. 1396a(gg)(2) ) is amended— in the paragraph heading, by striking and inserting until October 1 , 2019 ; and through September 30 , 2023 by striking September 30, 2019, and inserting September 30, 2023 (but during the period that begins on October 1, 2019, and ends on September 30, 2023, only with respect to children in families whose income does not exceed 300 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved) . Section 2107 of the Social Security Act ( 42 U.S.C. 1397gg ) is amended by adding at the end the following: Nothing in this title (or any other provision of Federal law) shall be construed as preventing a State from considering children enrolled in a qualified CHIP look-alike program and children enrolled in a State child health plan under this title (or a waiver of such plan) as members of a single risk pool. In this subsection, the term qualified CHIP look-alike program means a State program— under which children who are under the age of 19 and are not eligible to receive medical assistance under title XIX or child health assistance under this title may purchase coverage through the State that provides benefits that are at least identical to the benefits provided under the State child health plan under this title (or a waiver of such plan); and that is funded exclusively through non-Federal funds, including funds received by the State in the form of premiums for the purchase of such coverage. . Section 5000A(f)(1) of the Internal Revenue Code of 1986 is amended in subparagraph (A)(iii), by inserting or under a qualified CHIP look-alike program (as defined in section 2107(g) of the Social Security Act) before the comma at the end. The amendment made by subparagraph
(A)shall apply with respect to taxable years beginning after December 31, 2017. Any amounts that have been redistributed to States under subsection
(f)of section 2104 of the Social Security Act ( 42 U.S.C. 1397dd ) for fiscal year 2018 that are not, or will not be, expended by the end of that fiscal year shall be— adjusted by the Secretary before the end of fiscal year 2018 to reflect an updated estimate of shortfalls under subsection (f)(2)(A) of such section; and available for redistribution under subsection
(f)of such section for subsequent fiscal years.
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