Sec. 30101. COVID–19-related temporary increase of Medicaid FMAP

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 6008 of the Families First Coronavirus Response Act ( 42 U.S.C. 1396d note) is amended— in subsection (a)— by inserting (or, if later, June 30, 2021) after last day of such emergency period occurs ; and by striking 6.2 percentage points. and inserting the percentage points specified in subsection (e). In no case may the application of this section result in the Federal medical assistance percentage determined for a State being more than 95 percent. ; and by adding at the end the following new subsections:

For purposes of subsection (a), the percentage points specified in this subsection are— for each calendar quarter occurring during the period beginning on the first day of the emergency period described in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b-5(g) ) and ending on June 30, 2020, 6.2 percentage points; for each calendar quarter occurring during the period beginning on July 1, 2020, and ending on June 30, 2021, 14 percentage points; and for each calendar quarter, if any, occurring during the period beginning on July 1, 2021, and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, 6.2 percentage points.

In the case of a State that treats an individual described in subsection (b)(3) as eligible for the benefits described in such subsection, for the period described in subsection (a), expenditures for medical assistance and administrative costs attributable to such individual that would not otherwise be included as expenditures under section 1903 of the Social Security Act shall be regarded as expenditures under the State plan approved under title XIX of the Social Security Act or for administration of such State plan.

The limitations on payment under subsections

(f)and

(g)of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) shall not apply to Federal payments made under section 1903(a)(1) of the Social Security Act ( 42 U.S.C. 1396b(a)(1) ) attributable to the increase in the Federal medical assistance percentage under this section. Expenditures attributable to the increased Federal medical assistance percentage under this section shall not be counted for purposes of the limitations under section 2104(b)(4) of such Act ( 42 U.S.C. 1397dd(b)(4) ). Notwithstanding the first sentence of section 2105(b) of the Social Security Act ( 42 U.S.C. 1397ee(b) ), the application of the increase under this section may result in the enhanced FMAP of a State for a fiscal year under such section exceeding 85 percent, but in no case may the application of such increase before application of the second sentence of such section result in the enhanced FMAP of the State exceeding 95 percent. An increase in the Federal medical assistance percentage for a State under this section shall not be taken into account for purposes of payments under part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq.). . The amendments made by subsection

(a)shall take effect and apply as if included in the enactment of section 6008 of the Families First Coronavirus Response Act ( Public Law 116–127 ).

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