Sec. 1905. DEFINITIONS
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/statute-compilations/comps-8765/sec-1905A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 1905 DEFINITIONS **[**[42 U.S.C. 1396d](/us/usc/t42/s1396d)**]** For purposes of this title— ###
(a)The term “**medical assistance**” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided, with respect to an individual described in section 1902(a)(34)(A), in or after the month before the month in which the recipient makes application for assistance, and with respect to an individual described in section 1902(a)(34)(B), in or after the second month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians' or dentists' services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a)(10)(A)) not receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI, or part A of title IV, and with respect to whom supplemental security income benefits are not being paid under title XVI, who are— ######
(i)under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, ######
(ii)relatives specified in section 406(b)(1) with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of title IV, ######
(iii)65 years of age or older, ######
(iv)blind, with respect to States eligible to participate in the State plan program established under title XVI, ######
(v)18 years of age or older and permanently and totally disabled, with respect to States eligible to participate in the State plan program established under title XVI, ######
(vi)persons essential (as described in the second sentence of this subsection) to individuals receiving aid or assistance under State plans approved under title I, X, XIV, or XVI, ######
(vii)blind or disabled as defined in section 1614, with respect to States not eligible to participate in the State plan program established under title XVI, ######
(viii)pregnant women, ######
(ix)individuals provided extended benefits under section 1925, ######
(x)individuals described in section 1902(u)(1), ######
(xi)individuals described in section 1902(z)(1), ######
(xii)employed individuals with a medically improved disability (as defined in subsection (v)), ######
(xiii)individuals described in section 1902(aa), ######
(xiv)individuals described in section 1902(a)(10)(A)(i)(VIII) or 1902(a)(10)(A)(i)(IX), ######
(xv)individuals described in section 1902(a)(10)(A)(ii)(XX), ###### (xvi)23 individuals described in section 1902(ii), 23Margins of clauses
(xvi)and (xviii) are so in law. ######
(xvii)individuals who are eligible for home and community-based services under needs-based criteria established under paragraph (1)(A) of section 1915(i), or who are eligible for home and community-based services under paragraph
(6)of such section, and who will receive home and community-based services pursuant to a State plan amendment under such subsection, or ###### (xviii)23 individuals who, but for earnings in excess of the limit established under subsection (q)(2)(B), would be considered to be receiving supplemental security income, and who are at least 16 years of age, but whose income and resources are insufficient to meet all of such cost— ####
(1)inpatient hospital services (other than services in an institution for mental diseases); ####
(2)#####
(A)outpatient hospital services,
(B)consistent with State law permitting such services, rural health clinic services (as defined in subsection (l)(1)) and any other ambulatory services which are offered by a rural health clinic (as defined in subsection (l)(1)) and which are otherwise included in the plan, and
(C)Federally-qualified health center services (as defined in subsection (l)(2)) and any other ambulatory services offered by a Federally-qualified health center and which are otherwise included in the plan; ####
(3)#####
(A)other laboratory and X-ray services; and #####
(B)in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the administration of such in vitro diagnostic products; ####
(4)#####
(A)nursing facility services (other than services in an institution for mental diseases) for individuals 21 years of age or older;
(B)early and periodic screening, diagnostic, and treatment services (as defined in subsection (r)) for individuals who are eligible under the plan and are under the age of 21;
(C)family planning services and supplies furnished (directly or under arrangements with others) to individuals of child-bearing age (including minors who can be considered to be sexually active) who are eligible under the State plan and who desire such services and supplies; and
(D)counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in subsection (bb)); and
(E)during the period beginning on the date of the enactment of the American Rescue Plan Act of 2021 and ending on the last day of the first calendar quarter that begins one year after the last day of the period at the end of the emergency sentence described in section 1135(g)(1)(B), a COVID–19 vaccine and administration of the vaccine; and
(F)during the period beginning on the date of the enactment of the American Rescue Plan Act of 2021 and ending on the last day of the first calendar quarter that begins one year after the last day of the period at the end of the emergency sentence described in section 1135(g)(1)(B), testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, without regard to the requirements of section 1902(a)(10)(B) (relating to comparability), in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan); ####
(5)#####
(A)physicians' services furnished by a physician (as defined in section 1861(r)(1)), whether furnished in the office, the patient's home, a hospital, or a nursing facility, or elsewhere, and
(B)medical and surgical services furnished by a dentist (described in section 1861(r)(2)) to the extent such services may be performed under State law either by a doctor of medicine or by a doctor of dental surgery or dental medicine and would be described in clause
(A)if furnished by a physician (as defined in section 1861(r)(1)); ####
(6)medical care, or any other type of remedial care recognized under State law, furnished by licensed practitioners within the scope of their practice as defined by State law; ####
(7)home health care services; ####
(8)private duty nursing services; ####
(9)clinic services furnished by or under the direction of a physician, without regard to whether the clinic itself is administered by a physician, including such services furnished outside the clinic by clinic personnel to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address; ####
(10)dental services; ####
(11)physical therapy and related services; ####
(12)prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select; ####
(13)other diagnostic, screening, preventive, and rehabilitative services, including— #####
(A)any clinical preventive services that are assigned a grade of A or B by the United States Preventive Services Task Force; #####
(B)with respect to an adult individual, approved vaccines recommended by the Advisory Committee on Immunization Practices (an advisory committee established by the Secretary, acting through the Director of the Centers for Disease Control and Prevention) and their administration; and #####
(C)any medical or remedial services (provided in a facility, a home, or other setting) recommended by a physician or other licensed practitioner of the healing arts within the scope of their practice under State law, for the maximum reduction of physical or mental disability and restoration of an individual to the best possible functional level; ####
(14)inpatient hospital services and nursing facility services for individuals 65 years of age or over in an institution for mental diseases; ####
(15)services in an intermediate care facility for the mentally retarded (other than in an institution for mental diseases) for individuals who are determined, in accordance with section 1902(a)(31), to be in need of such care; ####
(A)effective January 1, 1973, inpatient psychiatric hospital services for individuals under age 21, as defined in subsection (h), and,
(B)for individuals receiving services described in subparagraph (A), early and periodic screening, diagnostic, and treatment services (as defined in subsection (r)), whether or not such screening, diagnostic, and treatment services are furnished by the provider of the services described in such subparagraph; ####
(17)services furnished by a nurse-midwife (as defined in section 1861(gg)) which the nurse-midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law), whether or not the nurse-midwife is under the supervision of, or associated with, a physician or other health care provider, and without regard to whether or not the services are performed in the area of management of the care of mothers and babies throughout the maternity cycle; ####
(18)hospice care (as defined in subsection (o)); ####
(19)case management services (as defined in section 1915(g)(2)) and TB-related services described in section 1902(z)(2)(F); ####
(20)respiratory care services (as defined in section 1902(e)(9)(C)); ####
(21)services furnished by a certified pediatric nurse practitioner or certified family nurse practitioner (as defined by the Secretary) which the certified pediatric nurse practitioner or certified family nurse practitioner is legally authorized to perform under State law (or the State regulatory mechanism provided by State law), whether or not the certified pediatric nurse practitioner or certified family nurse practitioner is under the supervision of, or associated with, a physician or other health care provider; ####
(22)home and community care (to the extent allowed and as defined in section 1929) for functionally disabled elderly individuals; ####
(23)community supported living arrangements services (to the extent allowed and as defined in section 1930); ####
(24)personal care services furnished to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for the mentally retarded, or institution for mental disease that are
(A)authorized for the individual by a physician in accordance with a plan of treatment or (at the option of the State) otherwise authorized for the individual in accordance with a service plan approved by the State,
(B)provided by an individual who is qualified to provide such services and who is not a member of the individual's family, and
(C)furnished in a home or other location; ####
(25)primary care case management services (as defined in subsection (t)); ####
(26)services furnished under a PACE program under section 1934 to PACE program eligible individuals enrolled under the program under such section; ####
(27)subject to subsection (x), primary and secondary medical strategies and treatment and services for individuals who have Sickle Cell Disease; ####
(28)freestanding birth center services (as defined in subsection (l)(3)(A)) and other ambulatory services that are offered by a freestanding birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; ####
(29)subject to paragraphs
(2)and
(3)of subsection (ee), beginning on October 1, 2020, medication-assisted treatment (as defined in paragraph
(1)of such subsection); ####
(30)subject to subsection (gg), routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial (as defined in such subsection); ####
(31)certified community behavioral health clinic services, as defined in subsection (jj); and ####
(32)any other medical care, and any other type of remedial care recognized under State law, specified by the Secretary, except as otherwise provided in paragraph (16), such term does not include— #####
(A)any such payments with respect to care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution, or in the case of an eligible juvenile described in section 1902(a)(84)(D) with respect to the screenings, diagnostic services, referrals, and targeted case management services required under such section, or, at the option of the State, for an individual who is an eligible juvenile (as defined in section 1902(nn)(2)), while such individual is an inmate of a public institution (as defined in section 1902(nn)(3)) pending disposition of charges); or #####
(B)any such payments with respect to care or services for any individual who has not attained 65 years of age and who is a patient in an institution for mental diseases (except in the case of services provided under a State plan amendment described in section 1915(l)). For purposes of clause
(vi)of the preceding sentence, a person shall be considered essential to another individual if such person is the spouse of and is living with such individual, the needs of such person are taken into account in determining the amount of aid or assistance furnished to such individual (under a State plan approved under title I, X, XIV, or XVI), and such person is determined, under such a State plan, to be essential to the well-being of such individual. The payment described in the first sentence may include expenditures for medicare cost-sharing and for premiums under part B of title XVIII for individuals who are eligible for medical assistance under the plan and
(A)are receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI, or part A of title IV, or with respect to whom supplemental security income benefits are being paid under title XVI, or
(B)with respect to whom there is being paid a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a)(10)(A), and, except in the case of individuals 65 years of age or older and disabled individuals entitled to health insurance benefits under title XVIII who are not enrolled under part B of title XVIII, other insurance premiums for medical or any other type of remedial care or the cost thereof. No service (including counseling) shall be excluded from the definition of “**medical assistance**” solely because it is provided as a treatment service for alcoholism or drug dependency. In the case of a woman who is eligible for medical assistance on the basis of being pregnant (including through the end of the month in which the 60-day period beginning on the last day of her pregnancy ends), who is a patient in an institution for mental diseases for purposes of receiving treatment for a substance use disorder, and who was enrolled for medical assistance under the State plan immediately before becoming a patient in an institution for mental diseases or who becomes eligible to enroll for such medical assistance while such a patient, the exclusion from the definition of “**medical assistance**” set forth in the subdivision
(B)following the last numbered paragraph of the first sentence of this subsection shall not be construed as prohibiting Federal financial participation for medical assistance for items or services that are provided to the woman outside of the institution. ###
(b)Subject to subsections (y), (z), (aa), (ff), (hh), and
(ii)and section 1933(d), the term “**Federal medical assistance percentage**” for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 45 per centum as the square of the per capita income of such State bears to the square of the per capita income of the continental United States (including Alaska) and Hawaii; except that
(1)the Federal medical assistance percentage shall in no case be less than 50 per centum or more than 83 per centum,
(2)the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be 55 percent,
(3)for purposes of this title and title XXI, the Federal medical assistance percentage for the District of Columbia shall be 70 percent,
(4)the Federal medical assistance percentage shall be equal to the enhanced FMAP described in section 2105(b) with respect to medical assistance provided to individuals who are eligible for such assistance only on the basis of section 1902(a)(10)(A)(ii)(XVIII),
(5)in the case of a State that provides medical assistance for services described in subsection (a)(13)(A), and prohibits cost-sharing for such services, the Federal medical assistance percentage, as determined under this subsection and subsection
(y)(without regard to paragraph (1)(C) of such subsection), shall be increased by 1 percentage point with respect to medical assistance for such services and for items and services described in subsection (a)(4)(D)24, and
(6)during the first 8 fiscal quarters beginning on or after the effective date of this clause, in the case of a State which, as of the date of enactment of the Act titled “**An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14**”, provides medical assistance for vaccines described in subsection (a)(13)(B) and their administration and prohibits cost-sharing for such vaccines, the Federal medical assistance percentage, as determined under this subsection and subsection (y), shall be increased by 1 percentage point with respect to medical assistance for such vaccines and their administration. The Federal medical assistance percentage for any State shall be determined and promulgated in accordance with the provisions of section 1101(a)(8)(B). Notwithstanding the first sentence of this section, the Federal medical assistance percentage shall be 100 per centum with respect to amounts expended as medical assistance for services which are received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act); for the 8 fiscal year quarters beginning with the first fiscal year quarter beginning after the date of the enactment of the American Rescue Plan Act of 2021, the Federal medical assistance percentage shall also be 100 per centum with respect to amounts expended as medical assistance for services which are received through an Urban Indian organization (as defined in paragraph
(29)of section 4 of the Indian Health Care Improvement Act) that has a grant or contract with the Indian Health Service under title V of such Act; and, for such 8 fiscal year quarters, the Federal medical assistance percentage shall also be 100 per centum with respect to amounts expended as medical assistance for services which are received through a Native Hawaiian Health Center (as defined in section 12(4) of the Native Hawaiian Health Care Improvement Act) or a qualified entity (as defined in section 6(b) of such Act) that has a grant or contract with the Papa Ola Lokahi under section 8 of such Act. Notwithstanding the first sentence of this subsection, in the case of a State plan that meets the condition described in subsection (u)(1), with respect to expenditures (other than expenditures under section 1923) described in subsection (u)(2)(A) or subsection (u)(3) for the State for a fiscal year, and that do not exceed the amount of the State's available allotment under section 2104, the Federal medical assistance percentage is equal to the enhanced FMAP described in section 2105(b). Notwithstanding the first sentence of this subsection, the Federal medical assistance percentage shall be 100 per centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured individuals (as defined in section 1902(ss)) who are eligible for such assistance only on the basis of section 1902(a)(10)(A)(ii)(XXIII) and with respect to expenditures described in section 1903(a)(7) that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. 24The numbered items in the first sentence are referred to as “**clauses**”, not “**paragraphs**”. ###
(c)For definition of the term “**nursing facility**”, see section 1919(a). ###
(d)The term “**intermediate care facility for the mentally retarded**” means an institution (or distinct part thereof) for the mentally retarded or persons with related conditions if— ####
(1)the primary purpose of such institution (or distinct part thereof) is to provide health or rehabilitative services for mentally retarded individuals and the institution meets such standards as may be prescribed by the Secretary; ####
(2)the mentally retarded individual with respect to whom a request for payment is made under a plan approved under this title is receiving active treatment under such a program; and ####
(3)in the case of a public institution, the State or political subdivision responsible for the operation of such institution has agreed that the non-Federal expenditures in any calendar quarter prior to January 1, 1975, with respect to services furnished to patients in such institution (or distinct part thereof) in the State will not, because of payments made under this title, be reduced below the average amount expended for such services in such institution in the four quarters immediately preceding the quarter in which the State in which such institution is located elected to make such services available under its plan approved under this title. ###
(e)In the case of any State the State plan of which (as approved under this title)— ####
(1)does not provide for the payment of services (other than services covered under section 1902(a)(12)) provided by an optometrist; but ####
(2)at a prior period did provide for the payment of services referred to in paragraph (1); the term “**physicians' services**” (as used in subsection (a)(5)) shall include services of the type which an optometrist is legally authorized to perform where the State plan specifically provides that the term “**physicians' services**”, as employed in such plan, includes services of the type which an optometrist is legally authorized to perform, and shall be reimbursed whether furnished by a physician or an optometrist. ###
(f)For purposes of this title, the term “**nursing facility services**” means services which are or were required to be given an individual who needs or needed on a daily basis nursing care (provided directly by or requiring the supervision of nursing personnel) or other rehabilitation services which as a practical matter can only be provided in a nursing facility on an inpatient basis. ###
(g)If the State plan includes provision of chiropractors' services, such services include only— ####
(1)services provided by a chiropractor
(A)who is licensed as such by the State and
(B)who meets uniform minimum standards promulgated by the Secretary under section 1861(r)(5); and ####
(2)services which consist of treatment by means of manual manipulation of the spine which the chiropractor is legally authorized to perform by the State. ###
(h)####
(1)For purposes of paragraph
(16)of subsection (a), the term “**inpatient psychiatric hospital services for individuals under age 21**” includes only— #####
(A)inpatient services which are provided in an institution (or distinct part thereof) which is a psychiatric hospital as defined in section 1861(f) or in another inpatient setting that the Secretary has specified in regulations; #####
(B)inpatient services which, in the case of any individual
(i)involve active treatment which meets such standards as may be prescribed in regulations by the Secretary, and
(ii)a team, consisting of physicians and other personnel qualified to make determinations with respect to mental health conditions and the treatment thereof, has determined are necessary on an inpatient basis and can reasonably be expected to improve the condition, by reason of which such services are necessary, to the extent that eventually such services will no longer be necessary; and #####
(C)inpatient services which, in the case of any individual, are provided prior to
(i)the date such individual attains age 21, or
(ii)in the case of an individual who was receiving such services in the period immediately preceding the date on which he attained age 21,
(I)the date such individual no longer requires such services, or
(II)if earlier, the date such individual attains age 22; ####
(2)Such term does not include services provided during any calendar quarter under the State plan of any State if the total amount of the funds expended, during such quarter, by the State (and the political subdivisions thereof) from non-Federal funds for inpatient services included under paragraph (1), and for active psychiatric care and treatment provided on an outpatient basis for eligible mentally ill children, is less than the average quarterly amount of the funds expended, during the 4-quarter period ending December 31, 1971, by the State (and the political subdivisions thereof) from non-Federal funds for such services. ###
(i)The term “**institution for mental diseases**” means a hospital, nursing facility, or other institution of more than 16 beds, that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services. ###
(j)The term “**State supplementary payment**” means any cash payment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under title XVI or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such benefits (as determined by the Commissioner of Social Security), but only to the extent that such payments are made with respect to an individual with respect to whom supplemental security income benefits are payable under title XVI, or would but for his income be payable under that title. ###
(k)Increased supplemental security income benefits payable pursuant to section 211 of Public Law 93-66 shall not be considered supplemental security income benefits payable under title XVI. ###
(l)####
(1)The terms “**rural health clinic services**” and “**rural health clinic**” have the meanings given such terms in section 1861(aa), except that
(A)clause
(ii)of section 1861(aa)(2) shall not apply to such terms, and
(B)the physician arrangement required under section 1861(aa)(2)(B) shall only apply with respect to rural health clinic services and, with respect to other ambulatory care services, the physician arrangement required shall be only such as may be required under the State plan for those services. ####
(2)#####
(A)The term “**Federally-qualified health center services**” means services of the type described in subparagraphs
(A)through
(C)of section 1861(aa)(1) when furnished to an individual as an patient of a Federally-qualified health center and, for this purpose, any reference to a rural health clinic or a physician described in section 1861(aa)(2)(B) is deemed a reference to a Federally-qualified health center or a physician at the center, respectively. #####
(B)The term “**Federally-qualified health center**” means an entity which— ######
(i)is receiving a grant under section 330 of the Public Health Service Act, ######
(ii)######
(I)is receiving funding from such a grant under a contract with the recipient of such a grant, and ######
(II)meets the requirements to receive a grant under section 330 of such Act, ######
(iii)based on the recommendation of the Health Resources and Services Administration within the Public Health Service, is determined by the Secretary to meet the requirements for receiving such a grant, including requirements of the Secretary that an entity may not be owned, controlled, or operated by another entity, or ######
(iv)was treated by the Secretary, for purposes of part B of title XVIII, as a comprehensive Federally funded health center as of January 1, 1990; and includes an outpatient health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act (Public Law 93-638) or by an urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act for the provision of primary health services. In applying clause (ii), the Secretary may waive any requirement referred to in such clause for up to 2 years for good cause shown. ####
(3)#####
(A)The term “**freestanding birth center services**” means services furnished to an individual at a freestanding birth center (as defined in subparagraph (B)) at such center. #####
(B)The term “**freestanding birth center**” means a health facility— ######
(i)that is not a hospital; ######
(ii)where childbirth is planned to occur away from the pregnant woman's residence; ######
(iii)that is licensed or otherwise approved by the State to provide prenatal labor and delivery or postpartum care and other ambulatory services that are included in the plan; and ######
(iv)that complies with such other requirements relating to the health and safety of individuals furnished services by the facility as the State shall establish. #####
(C)A State shall provide separate payments to providers administering prenatal labor and delivery or postpartum care in a freestanding birth center (as defined in subparagraph (B)), such as nurse midwives and other providers of services such as birth attendants recognized under State law, as determined appropriate by the Secretary. For purposes of the preceding sentence, the term “**birth attendant**” means an individual who is recognized or registered by the State involved to provide health care at childbirth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the supervision of, or associated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a birth attendant. ###
(m)####
(1)Subject to paragraph (2), the term “**qualified family member**” means an individual (other than a qualified pregnant woman or child, as defined in subsection (n)) who is a member of a family that would be receiving aid under the State plan under part A of title IV pursuant to section 407 if the State had not exercised the option under section 407(b)(2)(B)(i). ####
(2)No individual shall be a qualified family member for any period after September 30, 1998. ###
(n)The term “**qualified pregnant woman or child**” means— ####
(1)a pregnant woman who— #####
(A)would be eligible for aid to families with dependent children under part A of title IV (or would be eligible for such aid if coverage under the State plan under part A of title IV included aid to families with dependent children of unemployed parents pursuant to section 407) if her child had been born and was living with her in the month such aid would be paid, and such pregnancy has been medically verified; #####
(B)is a member of a family which would be eligible for aid under the State plan under part A of title IV pursuant to section 407 if the plan required the payment of aid pursuant to such section; or #####
(C)otherwise meets the income and resources requirements of a State plan under part A of title IV; and ####
(2)a child who has not attained the age of 19, who was born after September 30, 1983 (or such earlier date as the State may designate), and who meets the income and resources requirements of the State plan under part A of title IV. ###
(o)####
(1)#####
(A)Subject to subparagraphs
(B)and (C), the term “**hospice care**” means the care described in section 1861(dd)(1) furnished by a hospice program (as defined in section 1861(dd)(2)) to a terminally ill individual who has voluntarily elected (in accordance with paragraph (2)) to have payment made for hospice care instead of having payment made for certain benefits described in section 1812(d)(2)(A) and for which payment may otherwise be made under title XVIII and intermediate care facility services under the plan. For purposes of such election, hospice care may be provided to an individual while such individual is a resident of a skilled nursing facility or intermediate care facility, but the only payment made under the State plan shall be for the hospice care. #####
(B)For purposes of this title, with respect to the definition of hospice program under section 1861(dd)(2), the Secretary may allow an agency or organization to make the assurance under subparagraph (A)(iii) of such section without taking into account any individual who is afflicted with acquired immune deficiency syndrome (AIDS). #####
(C)A voluntary election to have payment made for hospice care for a child (as defined by the State) shall not constitute a waiver of any rights of the child to be provided with, or to have payment made under this title for, services that are related to the treatment of the child's condition for which a diagnosis of terminal illness has been made. ####
(2)An individual's voluntary election under this subsection — #####
(A)shall be made in accordance with procedures that are established by the State and that are consistent with the procedures established under section 1812(d)(2); #####
(B)shall be for such a period or periods (which need not be the same periods described in section 1812(d)(1)) as the State may establish; and #####
(C)may be revoked at any time without a showing of cause and may be modified so as to change the hospice program with respect to which a previous election was made. ####
(3)In the case of an individual— #####
(A)who is residing in a nursing facility or intermediate care facility for the mentally retarded and is receiving medical assistance for services in such facility under the plan, #####
(B)who is entitled to benefits under part A of title XVIII and has elected, under section 1812(d), to receive hospice care under such part, and #####
(C)with respect to whom the hospice program under such title and the nursing facility or intermediate care facility for the mentally retarded have entered into a written agreement under which the program takes full responsibility for the professional management of the individual's hospice care and the facility agrees to provide room and board to the individual, instead of any payment otherwise made under the plan with respect to the facility's services, the State shall provide for payment to the hospice program of an amount equal to the additional amount determined in section 1902(a)(13)(B) and, if the individual is an individual described in section 1902(a)(10)(A), shall provide for payment of any coinsurance amounts imposed under section 1813(a)(4). ###
(p)####
(1)The term “**qualified medicare beneficiary**” means an individual— #####
(A)who is entitled to hospital insurance benefits under part A of title XVIII (including an individual entitled to such benefits pursuant to an enrollment under section 1818, but not including an individual entitled to such benefits only pursuant to an enrollment under section 1818A) or who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b), #####
(B)whose income (as determined under section 1612 for purposes of the supplemental security income program, except as provided in paragraph (2)(D)) does not exceed an income level established by the State consistent with paragraph (2), and #####
(C)whose resources (as determined under section 1613 for purposes of the supplemental security income program) do not exceed twice the maximum amount of resources that an individual may have and obtain benefits under that program or, effective beginning with January 1, 2010, whose resources (as so determined) do not exceed the maximum resource level applied for the year under subparagraph
(D)of section 1860D–14(a)(3) (determined without regard to the life insurance policy exclusion provided under subparagraph
(G)of such section) applicable to an individual or to the individual and the individual's spouse (as the case may be). ####
(2)#####
(A)The income level established under paragraph (1)(B) shall be at least the percent provided under subparagraph
(B)(but not more than 100 percent) of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. #####
(B)Except as provided in subparagraph (C), the percent provided under this clause, with respect to eligibility for medical assistance on or after— ######
(i)January 1, 1989, is 85 percent, ######
(ii)January 1, 1990, is 90 percent, and ######
(iii)January 1, 1991, is 100 percent. #####
(C)In the case of a State which has elected treatment under section 1902(f) and which, as of January 1, 1987, used an income standard for individuals age 65 or older which was more restrictive than the income standard established under the supplemental security income program under title XVI, the percent provided under subparagraph (B), with respect to eligibility for medical assistance on or after— ######
(i)January 1, 1989, is 80 percent, ######
(ii)January 1, 1990, is 85 percent, ######
(iii)January 1, 1991, is 95 percent, and ######
(iv)January 1, 1992, is 100 percent. #####
(D)######
(i)In determining under this subsection the income of an individual who is entitled to monthly insurance benefits under title II for a transition month (as defined in clause (ii)) in a year, such income shall not include any amounts attributable to an increase in the level of monthly insurance benefits payable under such title which have occurred pursuant to section 215(i) for benefits payable for months beginning with December of the previous year. ######
(ii)For purposes of clause (i), the term “**transition month**” means each month in a year through the month following the month in which the annual revision of the official poverty line, referred to in subparagraph (A), is published. ####
(3)The term “**medicare cost-sharing**” means (subject to section 1902(n)(2)) the following costs incurred with respect to a qualified medicare beneficiary, without regard to whether the costs incurred were for items and services for which medical assistance is otherwise available under the plan: #####
(A)######
(i)premiums under section 1818 or 1818A, and ######
(ii)premiums under section 1839, #####
(B)Coinsurance under title XVIII (including coinsurance described in section 1813). #####
(C)Deductibles established under title XVIII (including those described in section 1813 and section 1833(b)). #####
(D)The difference between the amount that is paid under section 1833(a) and the amount that would be paid under such section if any reference to “**80 percent**” therein were deemed a reference to “**100 percent**”. Such term also may include, at the option of a State, premiums for enrollment of a qualified medicare beneficiary with an eligible organization under section 1876. ####
(4)Notwithstanding any other provision of this title, in the case of a State (other than the 50 States and the District of Columbia)— #####
(A)the requirement stated in section 1902(a)(10)(E) shall be optional, and #####
(B)for purposes of paragraph (2), the State may substitute for the percent provided under subparagraph
(B)of such paragraph or 1902(a)(10)(E)(iii) any percent. In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1115, the Secretary shall require the State to meet the requirement of section 1902(a)(10)(E) in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this title. ####
(5)#####
(A)The Secretary shall develop and distribute to States a simplified application form for use by individuals (including both qualified medicare beneficiaries and specified low-income medicare beneficiaries) in applying for medical assistance for medicare cost-sharing under this title in the States which elect to use such form. Such form shall be easily readable by applicants and uniform nationally. The Secretary shall provide for the translation of such application form into at least the 10 languages (other than English) that are most often used by individuals applying for hospital insurance benefits under section 226 or 226A and shall make the translated forms available to the States and to the Commissioner of Social Security.25 25The last sentence of paragraph (5)(A), as added by section 118(a) of Public Law 110–275, takes effect on January 1, 2010. #####
(B)In developing such form, the Secretary shall consult with beneficiary groups and the States. ####
(6)For provisions relating to outreach efforts to increase awareness of the availability of medicare cost-sharing, see section 1144. ###
(q)The term “**qualified severely impaired individual**” means an individual under age 65— ####
(1)who for the month preceding the first month to which this subsection applies to such individual— #####
(A)received
(i)a payment of supplemental security income benefits under section 1611(b) on the basis of blindness or disability,
(ii)a supplementary payment under section 1616 of this Act or under section 212 of Public Law 93-66 on such basis,
(iii)a payment of monthly benefits under section 1619(a), or
(iv)a supplementary payment under section 1616(c)(3), and #####
(B)was eligible for medical assistance under the State plan approved under this title; and ####
(2)with respect to whom the Commissioner of Social Security determines that— #####
(A)the individual continues to be blind or continues to have the disabling physical or mental impairment on the basis of which he was found to be under a disability and, except for his earnings, continues to meet all non-disability-related requirements for eligibility for benefits under title XVI, #####
(B)the income of such individual would not, except for his earnings, be equal to or in excess of the amount which would cause him to be ineligible for payments under section 1611(b) (if he were otherwise eligible for such payments), #####
(C)the lack of eligibility for benefits under this title would seriously inhibit his ability to continue or obtain employment, and #####
(D)the individual's earnings are not sufficient to allow him to provide for himself a reasonable equivalent of the benefits under title XVI (including any federally administered State supplementary payments), this title, and publicly funded attendant care services (including personal care assistance) that would be available to him in the absence of such earnings. In the case of an individual who is eligible for medical assistance pursuant to section 1619(b) in June, 1987, the individual shall be a qualified severely impaired individual for so long as such individual meets the requirements of paragraph (2). ###
(r)The term “**early and periodic screening, diagnostic, and treatment services**” means the following items and services: ####
(1)Screening services— #####
(A)which are provided— ######
(i)at intervals which meet reasonable standards of medical and dental practice, as determined by the State after consultation with recognized medical and dental organizations involved in child health care and, with respect to immunizations under subparagraph (B)(iii), in accordance with the schedule referred to in section 1928(c)(2)(B)(i) for pediatric vaccines, and ######
(ii)at such other intervals, indicated as medically necessary, to determine the existence of certain physical or mental illnesses or conditions; and #####
(B)which shall at a minimum include— ######
(i)a comprehensive health and developmental history (including assessment of both physical and mental health development), ######
(ii)a comprehensive unclothed physical exam, ######
(iii)appropriate immunizations (according to the schedule referred to in section 1928(c)(2)(B)(i) for pediatric vaccines) according to age and health history, ######
(iv)laboratory tests (including lead blood level assessment appropriate for age and risk factors), and ######
(v)health education (including anticipatory guidance). ####
(2)Vision services— #####
(A)which are provided— ######
(i)at intervals which meet reasonable standards of medical practice, as determined by the State after consultation with recognized medical organizations involved in child health care, and ######
(ii)at such other intervals, indicated as medically necessary, to determine the existence of a suspected illness or condition; and #####
(B)which shall at a minimum include diagnosis and treatment for defects in vision, including eyeglasses. ####
(3)Dental services— #####
(A)which are provided— ######
(i)at intervals which meet reasonable standards of dental practice, as determined by the State after consultation with recognized dental organizations involved in child health care, and ######
(ii)at such other intervals, indicated as medically necessary, to determine the existence of a suspected illness or condition; and #####
(B)which shall at a minimum include relief of pain and infections, restoration of teeth, and maintenance of dental health. ####
(4)Hearing services— #####
(A)which are provided— ######
(i)at intervals which meet reasonable standards of medical practice, as determined by the State after consultation with recognized medical organizations involved in child health care, and ######
(ii)at such other intervals, indicated as medically necessary, to determine the existence of a suspected illness or condition; and #####
(B)which shall at a minimum include diagnosis and treatment for defects in hearing, including hearing aids. ####
(5)Such other necessary health care, diagnostic services, treatment, and other measures described in section 1905(a) to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan. Nothing in this title shall be construed as limiting providers of early and periodic screening, diagnostic, and treatment services to providers who are qualified to provide all of the items and services described in the previous sentence or as preventing a provider that is qualified under the plan to furnish one or more (but not all) of such items or services from being qualified to provide such items and services as part of early and periodic screening, diagnostic, and treatment services. The Secretary shall, not later than July 1, 1990, and every 12 months thereafter, develop and set annual participation goals for each State for participation of individuals who are covered under the State plan under this title in early and periodic screening, diagnostic, and treatment services. ###
(s)The term “**qualified disabled and working individual**” means an individual— ####
(1)who is entitled to enroll for hospital insurance benefits under part A of title XVIII under section 1818A (as added by 6012 of the Omnibus Budget Reconciliation Act of 1989); ####
(2)whose income (as determined under section 1612 for purposes of the supplemental security income program) does not exceed 200 percent of the official poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; ####
(3)whose resources (as determined under section 1613 for purposes of the supplemental security income program) do not exceed twice the maximum amount of resources that an individual or a couple (in the case of an individual with a spouse) may have and obtain benefits for supplemental security income benefits under title XVI; and ####
(4)who is not otherwise eligible for medical assistance under this title. ###
(t)####
(1)The term “**primary care case management services**” means case-management related services (including locating, coordinating, and monitoring of health care services) provided by a primary care case manager under a primary care case management contract. ####
(2)The term “**primary care case manager**” means any of the following that provides services of the type described in paragraph
(1)under a contract referred to in such paragraph: #####
(A)A physician, a physician group practice, or an entity employing or having other arrangements with physicians to provide such services. #####
(B)At State option— ######
(i)a nurse practitioner (as described in section 1905(a)(21)); ######
(ii)a certified nurse-midwife (as defined in section 1861(gg)); or ######
(iii)a physician assistant (as defined in section 1861(aa)(5)). ####
(3)The term “**primary care case management contract**” means a contract between a primary care case manager and a State under which the manager undertakes to locate, coordinate, and monitor covered primary care (and such other covered services as may be specified under the contract) to all individuals enrolled with the manager, and which— #####
(A)provides for reasonable and adequate hours of operation, including 24-hour availability of information, referral, and treatment with respect to medical emergencies; #####
(B)restricts enrollment to individuals residing sufficiently near a service delivery site of the manager to be able to reach that site within a reasonable time using available and affordable modes of transportation; #####
(C)provides for arrangements with, or referrals to, sufficient numbers of physicians and other appropriate health care professionals to ensure that services under the contract can be furnished to enrollees promptly and without compromise to quality of care; #####
(D)prohibits discrimination on the basis of health status or requirements for health care services in enrollment, disenrollment, or reenrollment of individuals eligible for medical assistance under this title; #####
(E)provides for a right for an enrollee to terminate enrollment in accordance with section 1932(a)(4); and #####
(F)complies with the other applicable provisions of section 1932. ####
(4)For purposes of this subsection, the term “**primary care**” includes all health care services customarily provided in accordance with State licensure and certification laws and regulations, and all laboratory services customarily provided by or through, a general practitioner, family medicine physician, internal medicine physician, obstetrician/gynecologist, or pediatrician. ###
(u)####
(1)The conditions described in this paragraph for a State plan are as follows: #####
(A)The State is complying with the requirement of section 2105(d)(1). #####
(B)The plan provides for such reporting of information about expenditures and payments attributable to the operation of this subsection as the Secretary deems necessary in order to carry out the fourth sentence of subsection (b). ####
(2)#####
(A)For purposes of subsection (b), the expenditures described in this subparagraph are expenditures for medical assistance for optional targeted low-income children described in subparagraph (B). #####
(B)For purposes of this paragraph, the term “**optional targeted low-income child**” means a targeted low-income child as defined in section 2110(b)(1) (determined without regard to that portion of subparagraph
(C)of such section concerning eligibility for medical assistance under this title) who would not qualify for medical assistance under the State plan under this title as in effect on March 31, 1997 (but taking into account the expansion of age of eligibility effected through the operation of section 1902(l)(1)(D)). Such term excludes any child eligible for medical assistance only by reason of section 1902(a)(10)(A)(ii)(XIX). ####
(3)For purposes of subsection (b), the expenditures described in this paragraph are expenditures for medical assistance for children who are born before October 1, 1983, and who would be described in section 1902(l)(1)(D) if they had been born on or after such date, and who are not eligible for such assistance under the State plan under this title based on such State plan as in effect as of March 31, 1997. ####
(4)The limitations on payment under subsections
(f)and
(g)of section 1108 shall not apply to Federal payments made under section 1903(a)(1) based on an enhanced FMAP described in section 2105(b). ###
(v)####
(1)The term “**employed individual with a medically improved disability**” means an individual who— #####
(A)is at least 16 years of age; #####
(B)is employed (as defined in paragraph (2)); #####
(C)ceases to be eligible for medical assistance under section 1902(a)(10)(A)(ii)(XV) because the individual, by reason of medical improvement, is determined at the time of a regularly scheduled continuing disability review to no longer be eligible for benefits under section 223(d) or 1614(a)(3); and #####
(D)continues to have a severe medically determinable impairment, as determined under regulations of the Secretary. ####
(2)For purposes of paragraph (1), an individual is considered to be “**employed**” if the individual— #####
(A)is earning at least the applicable minimum wage requirement under section 6 of the Fair Labor Standards Act (29 U.S.C. 206) and working at least 40 hours per month; or #####
(B)is engaged in a work effort that meets substantial and reasonable threshold criteria for hours of work, wages, or other measures, as defined by the State and approved by the Secretary.' ###
(w)####
(1)For purposes of this title, the term “**independent foster care adolescent**” means an individual— #####
(A)who is under 21 years of age; #####
(B)who, on the individual's 18th birthday, was in foster care under the responsibility of a State; and #####
(C)whose assets, resources, and income do not exceed such levels (if any) as the State may establish consistent with paragraph (2). ####
(2)The levels established by a State under paragraph (1)(C) may not be less than the corresponding levels applied by the State under section 1931(b). ####
(3)A State may limit the eligibility of independent foster care adolescents under section 1902(a)(10)(A)(ii)(XVII) to those individuals with respect to whom foster care maintenance payments or independent living services were furnished under a program funded under part E of title IV before the date the individuals attained 18 years of age. ###
(x)For purposes of subsection (a)(27), the strategies, treatment, and services described in that subsection include the following: ####
(1)Chronic blood transfusion (with deferoxamine chelation) to prevent stroke in individuals with Sickle Cell Disease who have been identified as being at high risk for stroke. ####
(2)Genetic counseling and testing for individuals with Sickle Cell Disease or the sickle cell trait to allow health care professionals to treat such individuals and to prevent symptoms of Sickle Cell Disease. ####
(3)Other treatment and services to prevent individuals who have Sickle Cell Disease and who have had a stroke from having another stroke. ###
(y)Increased FMAP for Medical Assistance for Newly Eligible Mandatory Individuals ####
(1)Amount of increase Notwithstanding subsection (b), the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia, with respect to amounts expended by such State for medical assistance for newly eligible individuals described in subclause
(VIII)of section 1902(a)(10)(A)(i), shall be equal to— #####
(A)100 percent for calendar quarters in 2014, 2015, and 2016; #####
(B)95 percent for calendar quarters in 2017; #####
(C)94 percent for calendar quarters in 2018; #####
(D)93 percent for calendar quarters in 2019; and #####
(E)90 percent for calendar quarters in 2020 and each year thereafter. ####
(2)Definitions In this subsection: #####
(A)Newly eligible The term “**newly eligible**” means, with respect to an individual described in subclause
(VIII)of section 1902(a)(10)(A)(i), an individual who is not under 19 years of age (or such higher age as the State may have elected) and who, as of December 1, 2009, is not eligible under the State plan or under a waiver of the plan for full benefits or for benchmark coverage described in subparagraph (A), (B), or
(C)of section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) that has an aggregate actuarial value that is at least actuarially equivalent to benchmark coverage described in subparagraph (A), (B), or
(C)of section 1937(b)(1), or is eligible but not enrolled (or is on a waiting list) for such benefits or coverage through a waiver under the plan that has a capped or limited enrollment that is full. #####
(B)Full benefits The term “**full benefits**” means, with respect to an individual, medical assistance for all services covered under the State plan under this title that is not less in amount, duration, or scope, or is determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in section 1902(a)(10)(A)(i). ###
(z)Equitable Support for Certain States ####
(1)#####
(A)During the period that begins on January 1, 2014, and ends on December 31, 2015, notwithstanding subsection (b), the Federal medical assistance percentage otherwise determined under subsection
(b)with respect to a fiscal year occurring during that period shall be increased by 2.2 percentage points for any State described in subparagraph
(B)for amounts expended for medical assistance for individuals who are not newly eligible (as defined in subsection (y)(2)) individuals described in subclause
(VIII)of section 1902(a)(10)(A)(i). #####
(B)For purposes of subparagraph (A), a State described in this subparagraph is a State that— ######
(i)is an expansion State described in paragraph (3); ######
(ii)the Secretary determines will not receive any payments under this title on the basis of an increased Federal medical assistance percentage under subsection
(y)for expenditures for medical assistance for newly eligible individuals (as so defined); and ######
(iii)has not been approved by the Secretary to divert a portion of the DSH allotment for a State to the costs of providing medical assistance or other health benefits coverage under a waiver that is in effect on July 2009. ####
(2)#####
(A)For calendar quarters in 2014 and each year thereafter, the Federal medical assistance percentage otherwise determined under subsection
(b)for an expansion State described in paragraph
(3)with respect to medical assistance for individuals described in section 1902(a)(10)(A)(i)(VIII) who are nonpregnant childless adults with respect to whom the State may require enrollment in benchmark coverage under section 1937 shall be equal to the percent specified in subparagraph (B)(i) for such year. #####
(B)######
(i)The percent specified in this subparagraph for a State for a year is equal to the Federal medical assistance percentage (as defined in the first sentence of subsection (b)) for the State increased by a number of percentage points equal to the transition percentage (specified in clause
(ii)for the year) of the number of percentage points by which— ######
(I)such Federal medical assistance percentage for the State, is less than ######
(II)the percent specified in subsection (y)(1) for the year. ######
(ii)The transition percentage specified in this clause for— ######
(I)2014 is 50 percent; ######
(II)2015 is 60 percent; ######
(III)2016 is 70 percent; ######
(IV)2017 is 80 percent; ######
(V)2018 is 90 percent; and ######
(VI)2019 and each subsequent year is 100 percent. ####
(3)A State is an expansion State if, on the date of the enactment of the Patient Protection and Affordable Care Act, the State offers health benefits coverage statewide to parents and nonpregnant, childless adults whose income is at least 100 percent of the poverty line, that includes inpatient hospital services, is not dependent on access to employer coverage, employer contribution, or employment and is not limited to premium assistance, hospital-only benefits, a high deductible health plan, or alternative benefits under a demonstration program authorized under section 1938. A State that offers health benefits coverage to only parents or only nonpregnant childless adults described in the preceding sentence shall not be considered to be an expansion State. ###
(aa)####
(1)Notwithstanding subsection (b), beginning January 1, 2011, the Federal medical assistance percentage for a fiscal year for a disaster-recovery FMAP adjustment State shall be equal to the following: #####
(A)In the case of the first fiscal year (or part of a fiscal year) for which this subsection applies to the State, the State's regular FMAP shall be increased by 50 percent of the number of percentage points by which the State's regular FMAP for such fiscal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year after the application of only subsection
(a)of section 5001 of Public Law 111–5 (if applicable to the preceding fiscal year) and without regard to this subsection, subsections
(y)and (z), and subsections
(b)and
(c)of section 5001 of Public Law 111–5. #####
(B)In the case of the second or any succeeding fiscal year for which this subsection applies to the State, the State's regular FMAP for such fiscal year shall be increased by 25 percent (or 50 percent in the case of fiscal year 2013) of the number of percentage points by which the State's regular FMAP for such fiscal year is less than the Federal medical assistance percentage received by the State during the preceding fiscal year. ####
(2)In this subsection, the term “**disaster-recovery FMAP adjustment State**” means a State that is one of the 50 States or the District of Columbia, for which, at any time during the preceding 7 fiscal years, the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and determined as a result of such disaster that every county or parish in the State warrant individual and public assistance or public assistance from the Federal Government under such Act and for which— #####
(A)in the case of the first fiscal year (or part of a fiscal year) for which this subsection applies to the State, the State's regular FMAP for the fiscal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year after the application of only subsection
(a)of section 5001 of Public Law 111–5 (if applicable to the preceding fiscal year) and without regard to this subsection, subsections
(y)and (z)26, and subsections
(b)and
(c)of section 5001 of Public Law 111–5, by at least 3 percentage points; and 26Section 3204(a)(2)(A)(ii) of Public Law 112–96 provides for an amendment to strike “**subsection (y)**” and inserts “**subsections
(y)and (z)**” in subparagraph
(A)of section 1905(aa)(2). The amendment was carried out to the second reference to “**subsection (y)**” to reflect the probable intent of Congress. The first occurrence of such phrase was struck as part of the striken phrase made by clause
(i)of section 3204(a)(2)(A) of such Public Law. #####
(B)in the case of the second or any succeeding fiscal year for which this subsection applies to the State, the State's regular FMAP for the fiscal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year under this subsection by at least 3 percentage points. ####
(3)In this subsection, the term “**regular FMAP**” means, for each fiscal year for which this subsection applies to a State, the Federal medical assistance percentage that would otherwise apply to the State for the fiscal year, as determined under subsection
(b)and without regard to this subsection, subsections
(y)and (z), and section 10202 of the Patient Protection and Affordable Care Act. ####
(4)The Federal medical assistance percentage determined for a disaster-recovery FMAP adjustment State under paragraph
(1)shall apply for purposes of this title (other than with respect to disproportionate share hospital payments described in section 1923 and payments under this title that are based on the enhanced FMAP described in 2105(b)) and shall not apply with respect to payments under title IV (other than under part E of title IV) or payments under title XXI. ###
(bb)####
(1)For purposes of this title, the term “**counseling and pharmacotherapy for cessation of tobacco use by pregnant women**” means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for cessation of tobacco use by pregnant women who use tobacco products or who are being treated for tobacco use that is furnished— #####
(A)by or under the supervision of a physician; or #####
(B)by any other health care professional who— ######
(i)is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ######
(ii)is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ####
(2)Subject to paragraph (3), such term is limited to— #####
(A)services recommended with respect to pregnant women in “**Treating Tobacco Use and Dependence: 2008 Update: A Clinical Practice Guideline**”, published by the Public Health Service in May 2008, or any subsequent modification of such Guideline; and #####
(B)such other services that the Secretary recognizes to be effective for cessation of tobacco use by pregnant women. ####
(3)Such term shall not include coverage for drugs or biologicals that are not otherwise covered under this title. ###
(cc)Requirement for Certain States Notwithstanding subsections (y), (z), and (aa), in the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures required under the State plan under section 1902(a)(2), the State shall not be eligible for an increase in its Federal medical assistance percentage under such subsections if it requires that political subdivisions pay a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentages that would have been required by the State under the State plan under this title, State law, or both, as in effect on December 31, 2009, and without regard to any such increase. Voluntary contributions by a political subdivision to the non-Federal share of expenditures under the State plan under this title or to the non-Federal share of payments under section 1923, shall not be considered to be required contributions for purposes of this subsection. The treatment of voluntary contributions, and the treatment of contributions required by a State under the State plan under this title, or State law, as provided by this subsection, shall also apply to the increases in the Federal medical assistance percentage under section 5001 of the American Recovery and Reinvestment Act of 2009 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**”. ###
(dd)Increased FMAP for Additional Expenditures for Primary Care Services Notwithstanding subsection (b), with respect to the portion of the amounts expended for medical assistance for services described in section 1902(a)(13)(C) furnished on or after January 1, 2013, and before January 1, 2015, that is attributable to the amount by which the minimum payment rate required under such section (or, by application, section 1932(f)) exceeds the payment rate applicable to such services under the State plan as of July 1, 2009, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent. The preceding sentence does not prohibit the payment of Federal financial participation based on the Federal medical assistance percentage for amounts in excess of those specified in such sentence. ###
(ee)Medication-Assisted Treatment ####
(1)Definition For purposes of subsection (a)(29), the term “**medication-assisted treatment**”— #####
(A)means all drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), including methadone, and all biological products licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) to treat opioid use disorders; and #####
(B)includes, with respect to the provision of such drugs and biological products, counseling services and behavioral therapy. ####
(2)Exception The provisions of paragraph
(29)of subsection
(a)shall not apply with respect to a State if such State certifies, not less than every 5 years and to the satisfaction of the Secretary, that implementing such provisions statewide for all individuals eligible to enroll in the State plan (or waiver of the State plan) would not be feasible by reason of a shortage of qualified providers of medication-assisted treatment, or facilities providing such treatment, that will contract with the State or a managed care entity with which the State has a contract under section 1903(m) or under section 1905(t)(3). ####
(3)Application of rebate requirements The requirements of section 1927 shall apply to any drug or biological product described in paragraph (1)(A) that is— #####
(A)furnished as medical assistance in accordance with subsection (a)(29) and section 1902(a)(10)(A); and #####
(B)a covered outpatient drug (as defined in section 1927(k), except that, in applying paragraph (2)(A) of such section to a drug described in paragraph (1)(A), such drug shall be deemed a prescribed drug for purposes of subsection (a)(12)). ###
(ff)Increase in FMAP for Territories for Certain Fiscal Years Notwithstanding subsection
(b)or (z)(2), subject to subsections
(hh)and (ii)— ####
(1)for the period beginning October 1, 2019, and ending December 20, 2019, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 100 percent; ####
(2)for the period beginning December 21, 2019, and ending December 3, 2021, and for the period beginning January 1, 2022, and ending September 30, 2027, the Federal medical assistance percentage for Puerto Rico shall be equal to 76 percent; and ####
(3)subject to section 1108(g)(8)(B), beginning December 21, 2019, the Federal medical assistance percentage for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 83 percent. ###
(gg)####
(1)Routine Patient Costs For purposes of subsection (a)(30), with respect to a State and an individual enrolled under the State plan (or a waiver of such plan) who participates in a qualifying clinical trial, routine patient costs— #####
(A)include any item or service provided to the individual under the qualifying clinical trial, including— ######
(i)any item or service provided to prevent, diagnose, monitor, or treat complications resulting from such participation, to the extent that the provision of such an item or service to the individual outside the course of such participation would otherwise be covered under the State plan or waiver; and ######
(ii)any item or service required solely for the provision of the investigational item or service that is the subject of such trial, including the administration of such investigational item or service; and #####
(B)does not include— ######
(i)an item or service that is the investigational item or service that is— ######
(I)the subject of the qualifying clinical trial; and ######
(II)not otherwise covered outside of the clinical trial under the State plan or waiver; or ######
(ii)an item or service that is— ######
(I)provided to the individual solely to satisfy data collection and analysis needs for the qualifying clinical trial and is not used in the direct clinical management of the individual; and ######
(II)not otherwise covered under the State plan or waiver. ####
(2)Qualifying clinical trial defined #####
(A)In general For purposes of this subsection and subsection (a)(30), the term “**qualifying clinical trial**” means a clinical trial (in any clinical phase of development) that is conducted in relation to the prevention, detection, or treatment of any serious or life-threatening disease or condition and is described in any of the following clauses: ######
(i)The study or investigation is approved, conducted, or supported (which may include funding through in-kind contributions) by one or more of the following: ######
(I)The National Institutes of Health. ######
(II)The Centers for Disease Control and Prevention. ######
(III)The Agency for Healthcare Research and Quality. ######
(IV)The Centers for Medicare & Medicaid Services. ######
(V)A cooperative group or center of any of the entities described in subclauses
(I)through
(IV)or the Department of Defense or the Department of Veterans Affairs. ######
(VI)A qualified non-governmental research entity identified in the guidelines issued by the National Institutes of Health for center support grants. ######
(VII)Any of the following if the conditions described in subparagraph
(B)are met: ######
(aa)The Department of Veterans Affairs. ######
(bb)The Department of Defense. ######
(cc)The Department of Energy. ######
(ii)The clinical trial is conducted pursuant to an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or an exemption for a biological product undergoing investigation under section 351(a)(3) of the Public Health Service Act. ######
(iii)The clinical trial is a drug trial that is exempt from being required to have an exemption described in clause (ii). #####
(B)Conditions For purposes of subparagraph (A)(i)(VII), the conditions described in this subparagraph, with respect to a clinical trial approved or funded by an entity described in such subparagraph (A)(i)(VII), are that the clinical trial has been reviewed and approved through a system of peer review that the Secretary determines— ######
(i)to be comparable to the system of peer review of studies and investigations used by the National Institutes of Health; and ######
(ii)assures unbiased review of the highest scientific standards by qualified individuals with no interest in the outcome of the review. ####
(3)Coverage determination requirements A determination with respect to coverage under subsection (a)(30) for an individual participating in a qualifying clinical trial— #####
(A)shall be expedited and completed within 72 hours; #####
(B)shall be made without limitation on the geographic location or network affiliation of the health care provider treating such individual or the principal investigator of the qualifying clinical trial; #####
(C)shall be based on attestation regarding the appropriateness of the qualifying clinical trial by the health care provider and principal investigator described in subparagraph (B), which shall be made using a streamlined, uniform form developed for State use by the Secretary and that includes the option to reference information regarding the qualifying clinical trial that is publicly available on a website maintained by the Secretary, such as clinicaltrials.gov (or a successor website); and #####
(D)shall not require submission of the protocols of the qualifying clinical trial, or any other documentation that may be proprietary or determined by the Secretary to be burdensome to provide. ###
(hh)Temporary Increased FMAP for Medical Assistance for Coverage and Administration of COVID–19 Vaccines ####
(1)In general Notwithstanding any other provision of this title, during the period described in paragraph (2), the Federal medical assistance percentage for a State, with respect to amounts expended by the State for medical assistance for a vaccine described in subsection (a)(4)(E) (and the administration of such a vaccine), shall be equal to 100 percent. ####
(2)Period described The period described in this paragraph is the period that— #####
(A)begins on the first day of the first quarter beginning after the date of the enactment of this subsection; and #####
(B)ends on the last day of the first quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B). ####
(3)Exclusion of expenditures from territorial caps Any payment made to a territory for expenditures for medical assistance under subsection (a)(4)(E) that are subject to the Federal medical assistance percentage specified under paragraph
(1)shall not be taken into account for purposes of applying payment limits under subsections
(f)and
(g)of section 1108. ###
(ii)Temporary Increase in FMAP for Medical Assistance Under State Medicaid Plans Which Begin to Expend Amounts for Certain Mandatory Individuals ####
(1)In general For each quarter occurring during the 8-quarter period beginning with the first calendar quarter during which a qualifying State (as defined in paragraph (3)) expends amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan), the Federal medical assistance percentage determined under subsection
(b)for such State shall, after application of any increase, if applicable, under section 6008 of the Families First Coronavirus Response Act, be increased by 5 percentage points, except for any quarter (and each subsequent quarter) during such period during which the State ceases to provide medical assistance to any such individual under the State plan (or waiver of such plan). ####
(2)Special application rules Any increase described in paragraph
(1)(or payment made for expenditures on medical assistance that are subject to such increase)— #####
(A)shall not apply with respect to disproportionate share hospital payments described in section 1923; #####
(B)shall not be taken into account in calculating the enhanced FMAP of a State under section 2105; #####
(C)shall not be taken into account for purposes of part A, D, or E of title IV; and #####
(D)shall not be taken into account for purposes of applying payment limits under subsections
(f)and
(g)of section 1108. ####
(3)Definition For purposes of this subsection, the term “**qualifying State**” means a State which— #####
(A)has not expended amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) before the date of the enactment of this subsection; and #####
(B)begins to expend amounts for all such individuals prior to January 1, 2026. ###
(jj)Certified Community Behavioral Health Clinic Services ####
(1)In general The term “**certified community behavioral health services**” means any of the following services when furnished to an individual as a patient of a certified community behavioral health clinic (as defined in paragraph (2)), in a manner reflecting person-centered care and which, if not available directly through a certified community behavioral health clinic, may be provided or referred through formal relationships with other providers: #####
(A)Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. #####
(B)Screening, assessment, and diagnosis, including risk assessment. #####
(C)Patient-centered treatment planning or similar processes, including risk assessment and crisis planning. #####
(D)Outpatient mental health and substance use services. #####
(E)Outpatient clinic primary care screening and monitoring of key health indicators and health risk. #####
(F)Intensive case management services. #####
(G)Psychiatric rehabilitation services. #####
(H)Peer support and counselor services and family supports. #####
(I)Intensive, community-based mental health care for members of the armed forces and veterans who are eligible for medical assistance, particularly such members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. ####
(2)Certified community behavioral health clinic The term “**certified community behavioral health clinic**” means an organization that— #####
(A)has been certified by a State as meeting the criteria established by the Secretary pursuant to subsection
(a)of section 223 of the Protecting Access to Medicare Act as of January 1, 2024, and any subsequent updates to such criteria, regardless of whether the State is carrying out a demonstration program under this title under subsection
(d)of such section; #####
(B)is engaged in furnishing all of the services described in paragraph (1); and #####
(C)agrees, as a condition of the certification described in subparagraph (A), to furnish to the State or Secretary any data required as part of ongoing monitoring of the organization’s provision of services, including encounter data, clinical outcomes data, quality data, and such other data as the State or Secretary may require. ###
(kk)FMAP for Treatment of an Emergency Medical Condition Notwithstanding subsection
(y)and (z), beginning on October 1, 2026, the Federal medical assistance percentage for payments for care and services described in paragraph
(2)of subsection 1903(v) furnished to an alien described in paragraph
(1)of such subsection shall not exceed the Federal medical assistance percentage determined under subsection
(b)for such State.
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- Pub. L. 93-66
- Pub. L. 93-638
- Pub. L. 110-275
- Pub. L. 111-5
- Pub. L. 112-96
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Sec. 1905
DEFINITIONS
Pub. L.Pub. L. 93-66
Pub. L.Pub. L. 93-638
Pub. L.Pub. L. 110-275
Pub. L.Pub. L. 111-5
Pub. L.Pub. L. 112-96
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