Sec. 6008. TEMPORARY INCREASE OF MEDICAID FMAP

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## SEC. 6008 TEMPORARY INCREASE OF MEDICAID FMAP **[**[42 U.S.C. 1396d note](/us/usc/t42/s1396d)**]** ###

(a)In General ####

(1)Temporary fmap increase Subject to subsections

(b)and (f), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) and ending on December 31, 2023, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall be increased by the applicable number of percentage points for the quarter (as determined in paragraph (2)). ####

(2)Applicable number of percentage points For purposes of paragraph (1), the applicable number of percentage points for a calendar quarter is the following: #####

(A)For each calendar quarter that occurs during the portion of the period described in paragraph

(1)that ends on March 31, 2023, 6.2 percentage points. #####

(B)For the calendar quarter that begins on April 1, 2023, and ends on June 30, 2023, 5 percentage points. #####

(C)For the calendar quarter that begins on July 1, 2023, and ends on September 30, 2023, 2.5 percentage points. #####

(D)For the calendar quarter that begins on October 1, 2023, and ends on December 31, 2023, 1.5 percentage points. ###

(b)Requirement for All States A State described in subsection (a)(1) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if— ####

(1)eligibility standards, methodologies, or procedures under the State plan of such State under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act (42 U.S.C. 1315)) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; ####

(2)the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1) during such quarter exceeds the amount of such premium as of January 1, 2020; ####

(3)the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of March 18, 2020, or enrolls for benefits under such plan (or waiver) during the period beginning on March 18, 2020, and ending March 31, 2023, shall be treated as eligible for such benefits through March 31, 2023, unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State; or ####

(4)the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID-19, including vaccines, specialized equipment, and therapies. ###

(c)Requirement for Certain States Section 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) is amended by striking the period at the end of the subsection and inserting “and section 6008 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to ‘December 31, 2009’ shall be deemed to be a reference to ‘March 11, 2020’.”. ###

(d)Delay in Application of Premium Requirement During the 30 day period beginning on the date of enactment of this Act, a State shall not be ineligible for the increase to the Federal medical assistance percentage of the State described in subsection

(a)on the basis that the State imposes a premium that violates the requirement of subsection (b)(2) if such premium was in effect on the date of enactment of this Act. ###

(e)Application to Title IV-E Payments If the District of Columbia receives the increase described in subsection

(a)in the Federal medical assistance percentage for the District of Columbia with respect to a quarter, the Federal medical assistance percentage for the District of Columbia, as so increased, shall apply to payments made to the District of Columbia under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments under such part shall be deemed to be made on the basis of the Federal medical assistance percentage applied with respect to such District for purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as increased under subsection (a). ###

(f)Eligibility Redeterminations During Transition Period ####

(1)In general For each calendar quarter occurring during the portion of the period described in subsection (a)(1) that begins on April 1, 2023, and ends on December 31, 2023 (such portion to be referred to in this subsection as the “**transition period**”), if a State described in such subsection satisfies the conditions of subsection

(b)and paragraph

(2)of this subsection, the State shall receive the increase to the Federal medical assistance percentage of the State applicable under subsection (a). Nothing in this subsection shall be construed as prohibiting a State, following the expiration of the condition described in paragraph

(3)of subsection (b), from initiating renewals, post-enrollment verifications, and redeterminations over a 12-month period for all individuals who are enrolled in such plan (or waiver) as of April 1, 2023. ####

(2)Conditions for fmap increase during transition period The conditions of this paragraph with respect to a State and the transition period are the following: #####

(A)Compliance with federal requirements The State conducts eligibility redeterminations under title XIX of the Social Security Act in accordance with all Federal requirements applicable to such redeterminations, including renewal strategies authorized under section 1902(e)(14)(A) of the Social Security Act (42 U.S.C. 1396a(e)(14)(A)) or other alternative processes and procedures approved by the Secretary of Health and Human Services. #####

(B)Maintenance of up-to-date contact information The State, using the National Change of Address Database Maintained by the United States Postal Service, State health and human services agencies, or other reliable sources of contact information, attempts to ensure that it has up-to-date contact information (including a mailing address, phone number, and email address) for each individual for whom the State conducts an eligibility redetermination. #####

(C)Requirement to attempt to contact beneficiaries prior to disenrollment The State does not disenroll from the State plan or waiver any individual who is determined ineligible for medical assistance under the State plan or waiver pursuant to such a redetermination on the basis of returned mail unless the State first undertakes a good faith effort to contact the individual using more than one modality. ###

(g)Applicable Quarters A State that ceases to meet the requirements of subsection

(b)or

(f)(as applicable) shall not qualify for the increase described in subsection

(a)in the Federal medical assistance percentage for such State for the calendar quarter in which the State ceases to meet such requirements.

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