Pub. L. 111-5, div. B, tit. V, sec. 5004
EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).
SEC. 5004. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).(a) 18-Month Extension.—(1) In general.—Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are 123 STAT. 504 each amended by striking “September 30, 2003” and inserting “December 31, 2010”.(2) Effective date.—The amendments made by this subsection shall take effect on July 1, 2009.(b) State Option of Initial 12-Month Eligibility.—Section 1925 of the Social Security Act (42 U.S.C. 1396r–6) is amended—(1) in subsection (a)(1), by inserting “but subject to paragraph (5)” after “Notwithstanding any other provision of this title”;(2) by adding at the end of subsection (a) the following:“(5) Option of 12-month initial eligibility period.—A State may elect to treat any reference in this subsection to a 6-month period (or 6 months) as a reference to a 12-month period (or 12 months). In the case of such an election, subsection (b) shall not apply.”; and(3) in subsection (b)(1), by inserting “but subject to subsection (a)(5)” after “Notwithstanding any other provision of this title”.(c) Removal of Requirement for Previous Receipt of Medical Assistance.—Section 1925(a)(1) of such Act (42 U.S.C. 1396r–6(a)(1)), as amended by subsection (b)(1), is further amended—(1) by inserting “subparagraph (B) and” before “paragraph (5)”;(2) by redesignating the matter after “Requirement.—” as a subparagraph (A) with the heading “In general.—” and with the same indentation as subparagraph (B) (as added by paragraph (3)); and(3) by adding at the end the following:“(B) State option to waive requirement for 3 months before receipt of medical assistance.—A State may, at its option, elect also to apply subparagraph (A) in the case of a family that was receiving such aid for fewer than three months or that had applied for and was eligible for such aid for fewer than 3 months during the 6 immediately preceding months described in such subparagraph.”.(d) CMS Report on Enrollment and Participation Rates Under TMA.—Section 1925 of such Act (42 U.S.C. 1396r–6), as amended by this section, is further amended by adding at the end the following new subsection:“(g) Collection and Reporting of Participation Information.—“(1) Collection of information from states.—Each State shall collect and submit to the Secretary (and make publicly available), in a format specified by the Secretary, information on average monthly enrollment and average monthly participation rates for adults and children under this section and of the number and percentage of children who become ineligible for medical assistance under this section whose medical assistance is continued under another eligibility category or who are enrolled under the State’s child health plan under title XXI. Such information shall be submitted at the same time and frequency in which other enrollment information under this title is submitted to the Secretary.“(2) Annual reports to congress.—Using the information submitted under paragraph (1), the Secretary shall submit 123 STAT. 505 to Congress annual reports concerning enrollment and participation rates described in such paragraph.”.(e) Effective Date.—The amendments made by subsections (b) through (d) shall take effect on July 1, 2009.