[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5712 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 5712
_______________________________________________________________________
AN ACT
To provide for certain clarifications and extensions under Medicare,
Medicaid, and the Children's Health Insurance Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans', Seniors', and Children's
Health Technical Corrections Act of 2010''.
SEC. 2. CLARIFICATION OF EFFECTIVE DATE OF PART B SPECIAL ENROLLMENT
PERIOD FOR DISABLED TRICARE BENEFICIARIES.
Effective as if included in the enactment of Public Law 111-148,
section 3110(a)(2) of such Act is amended to read as follows:
``(2) Effective date.--The amendment made by paragraph (1)
shall apply to elections made on and after the date of the
enactment of this Act.''.
SEC. 3. REPEAL OF DELAY OF RUG-IV.
Effective as if included in the enactment of Public Law 111-148,
section 10325 of such Act is repealed.
SEC. 4. CLARIFICATION FOR AFFILIATED HOSPITALS FOR DISTRIBUTION OF
ADDITIONAL RESIDENCY POSITIONS.
Effective as if included in the enactment of section 5503(a) of
Public Law 111-148, section 1886(h)(8) of the Social Security Act (42
U.S.C. 1395ww(h)(8)), as added by such section 5503(a), is amended by
adding at the end the following new subparagraph:
``(I) Affiliation.--The provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)) and the reference
resident level for each such hospital shall be the
reference resident level with respect to the cost
reporting period that results in the smallest
difference between the reference resident level and the
otherwise applicable resident limit.''.
SEC. 5. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEFINITION OF COVERED
OUTPATIENT DRUGS WITH RESPECT TO CHILDREN'S HOSPITALS
UNDER THE 340B DRUG DISCOUNT PROGRAM.
(a) Definition of Covered Outpatient Drug.--
(1) Amendment.--Subsection (e) of section 340B of the
Public Health Service Act (42 U.S.C. 256b) is amended by
striking ``covered entities described in subparagraph (M)'' and
inserting ``covered entities described in subparagraph (M)
(other than a children's hospital described in subparagraph
(M))''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of section
2302 of the Health Care and Education Reconciliation Act of
2010 (Public Law 111-152).
(b) Technical Amendment.--Subparagraph (B) of section 1927(a)(5) of
the Social Security Act (42 U.S.C. 1396r-8(a)(5)) is amended by
striking ``and a children's hospital'' and all that follows through the
end of the subparagraph and inserting a period.
SEC. 6. MEDICAID AND CHIP TECHNICAL CORRECTIONS.
(a) Repeal of Exclusion of Certain Individuals and Entities From
Medicaid.--Section 6502 of Public Law 111-148 is repealed and the
provisions of law amended by such section are restored as if such
section had never been enacted. Nothing in the previous sentence shall
affect the execution or placement of the insertion made by section 6503
of such Act.
(b) Income Level for Certain Children Under Medicaid.--Effective as
if included in the enactment of Public Law 111-148, section
2001(a)(5)(B) of such Act is amended by striking all that follows ``is
amended'' and inserting the following: ``by inserting after `100
percent' the following: `(or, beginning January 1, 2014, 133
percent)'.''.
(c) Calculation and Publication of Payment Error Rate Measurement
for Certain Years.--Section 601(b) of the Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3) is amended by
adding at the end the following: ``The Secretary is not required under
this subsection to calculate or publish a national or a State-specific
error rate for fiscal year 2009 or fiscal year 2010.''.
(d) Corrections to Exceptions to Exclusion of Children of Certain
Employees.--Section 2110(b)(6) of the Social Security Act (42 U.S.C.
1397jj(b)(6)) is amended--
(1) in subparagraph (B)--
(A) by striking ``per person'' in the heading; and
(B) by striking ``each employee'' and inserting
``employees''; and
(2) in subparagraph (C), by striking ``, on a case-by-case
basis,''.
(e) Electronic Health Records.--Effective as if included in the
enactment of section 4201(a)(2) of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), section 1903(t) of the
Social Security Act (42 U.S.C. 1396b(t)) is amended--
(1) in paragraph (3)(E), by striking ``reduced by any
payment that is made to such Medicaid provider from any other
source (other than under this subsection or by a State or local
government)'' and inserting ``reduced by the average payment
the Secretary estimates will be made to such Medicaid providers
(determined on a percentage or other basis for such classes or
types of providers as the Secretary may specify) from other
sources (other than under this subsection, or by the Federal
government or a State or local government)''; and
(2) in paragraph (6)(B), by inserting before the period the
following: ``and shall be determined to have met such
responsibility to the extent that the payment to the Medicaid
provider is not in excess of 85 percent of the net average
allowable cost''.
(f) Corrections of Designations.--
(1) Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(A) in subsection (a)(10), in the matter following
subparagraph (G), by striking ``and'' before ``(XVI)
the medical'' and by striking ``(XVI) if'' and
inserting ``(XVII) if''; and
(B) in subsection (ii)(2), by striking ``(XV)'' and
inserting ``(XVI)''.
(2) Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended by redesignating the
subparagraph (N) of that section added by 2101(e) of Public Law
111-148 as subparagraph (O).
SEC. 7. FUNDING FOR CLAIMS REPROCESSING.
For purposes of carrying out the provisions of, and amendments made
by, this Act that relate to title XVIII of the Social Security Act, and
other provisions relating to such title that involve reprocessing of
claims, there are appropriated to the Secretary of Health and Human
Services for the Centers for Medicare & Medicaid Services Program
Management Account, from amounts in the general fund of the Treasury
not otherwise appropriated, $95,000,000. Amounts appropriated under the
preceding sentence shall remain available until expended.
SEC. 8. EXTENSION OF SECTION 508 RECLASSIFICATIONS.
(a) In General.--Section 106(a) of division B of the Tax Relief and
Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section
117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public
Law 110-173), section 124 of the Medicare Improvements for Patients and
Providers Act of 2008 (Public Law 110-275), and sections 3137(a) and
10317 of Public Law 111-148, is amended by striking ``September 30,
2010'' and inserting ``September 30, 2011''.
(b) Conforming Amendment.--Section 117(a)(3) of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is
amended by inserting ``in fiscal years 2008 and 2009'' after ``For
purposes of implementation of this subsection''.
SEC. 9. REVISION TO THE MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking subparagraphs (A) and (B) and
inserting the following subparagraphs:
``(A) fiscal year 2015, $0;
``(B) fiscal year 2016, $125,000,000; and''.
SEC. 10. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 14, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 5712
_______________________________________________________________________
AN ACT
To provide for certain clarifications and extensions under Medicare,
Medicaid, and the Children's Health Insurance Program.