Sec. 53102. THIRD PARTY LIABILITY IN MEDICAID AND CHIP
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## SEC. 53102 THIRD PARTY LIABILITY IN MEDICAID AND CHIP ###
(a)Modification of Third Party Liability Rules Related to Special Treatment of Certain Types of Care and Payments ####
(1)In general Section 1902(a)(25)(E) of the Social Security Act (42 U.S.C. 1396a(a)(25)(E)) is amended, in the matter preceding clause (i), by striking “prenatal or”. ####
(2)Effective date **[**[42 U.S.C. 1396a note](/us/usc/t42/s1396a)**]** The amendment made by paragraph
(1)shall take effect on the date of enactment of this Act. ###
(b)Delay in Effective Date and Repeal of Certain Bipartisan Budget Act of 2013 Amendments ####
(1)Repeal **[**[42 U.S.C. 1396a](/us/usc/t42/s1396a)**]** Effective as of September 30, 2017, subsection
(b)of section 202 of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1177; 42 U.S.C. 1396a note) (including any amendments made by such subsection) is repealed and the provisions amended by such subsection shall be applied and administered as if such amendments had never been enacted. ####
(2)Delay in effective date Subsection
(c)of section 202 of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1177; 42 U.S.C. 1396a note) is amended to read as follows: > > ### “(c) Effective Date > > **[**[42 U.S.C. 1396a note](/us/usc/t42/s1396a)**]** > > The amendments made by subsection
(a)shall take effect on October 1, 2019.” > . ####
(3)Effective date; treatment The repeal and amendment made by this subsection shall take effect as if enacted on September 30, 2017, and shall apply with respect to any open claims, including claims pending, generated, or filed, after such date. The amendments made by subsections
(a)and
(b)of section 202 of the Bipartisan Budget Act of 2013 (Public Law 113–67; 127 Stat. 1177; 42 U.S.C. 1396a note) that took effect on October 1, 2017, are null and void and section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) shall be applied and administered as if such amendments had not taken effect on such date. ###
(c)GAO Study and Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate on the impacts of the amendments made by subsections (a)(1) and (b)(2), including— ####
(1)the impact, or potential effect, of such amendments on access to prenatal and preventive pediatric care (including early and periodic screening, diagnostic, and treatment services) covered under State plans under such title (or waivers of such plans); ####
(2)the impact, or potential effect, of such amendments on access to services covered under such plans or waivers for individuals on whose behalf child support enforcement is being carried out by a State agency under part D of title IV of such Act; and ####
(3)the impact, or potential effect, on providers of services under such plans or waivers of delays in payment or related issues that result from such amendments. ###
(d)Application to CHIP ####
(1)In general Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended— #####
(A)by redesignating subparagraphs
(B)through
(R)as subparagraphs
(C)through (S), respectively; and #####
(B)by inserting after subparagraph
(A)the following new subparagraph: > > ##### “(B) > > Section 1902(a)(25) (relating to third party liability).” > . ####
(2)Mandatory reporting Section 1902(a)(25)(I)(i) of the Social Security Act (42 U.S.C. 1396a(a)(25)(I)(i)) is amended— #####
(A)by striking “medical assistance under the State plan” and inserting “medical assistance under a State plan (or under a waiver of the plan)”; #####
(B)by striking “(and, at State option, child” and inserting “and child”; and #####
(C)by striking “title XXI)” and inserting “title XXI”.
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- 127 Stat. 1177
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Sec. 53102
THIRD PARTY LIABILITY IN MEDICAID AND CHIP
Stat.127 Stat. 1177
Cites 4Cited by 0 across 0 sources