Pub. L. 111-3, tit. VI, subtit. B, sec. 611
DEFICIT REDUCTION ACT TECHNICAL CORRECTIONS.
SEC. 611. DEFICIT REDUCTION ACT TECHNICAL CORRECTIONS.(a) Clarification of Requirement To Provide EPSDT Services for All Children in Benchmark Benefit Packages Under Medicaid.—Section 1937(a)(1) (42 U.S.C. 1396u–7(a)(1)), as inserted by section 6044(a) of the Deficit Reduction Act of 2005 (Public Law 109–171, 120 Stat. 88), is amended—(1) in subparagraph (A)—(A) in the matter before clause (i)—(i) by striking “Notwithstanding any other provision of this title” and inserting “Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability) and any other provision of this title which would be directly contrary to the authority under this section and subject to subsection (E)”; and(ii) by striking “enrollment in coverage that provides” and inserting “coverage that”;(B) in clause (i), by inserting “provides” after “(i)”; and(C) by striking clause (ii) and inserting the following:“(ii) for any individual described in section 1905(a)(4)(B) who is eligible under the State plan in accordance with paragraphs (10) and (17) of section 1902(a), consists of the items and services described in section 1905(a)(4)(B) (relating to early and periodic screening, diagnostic, and treatment services defined in section 1905(r)) and provided in accordance with the requirements of section 1902(a)(43).”;(2) in subparagraph (C)—(A) in the heading, by striking “wrap-around” and inserting “additional”; and(B) by striking “wrap-around or”; and(3) by adding at the end the following new subparagraph:“(E) Rule of construction.—Nothing in this paragraph shall be construed as—“(i) requiring a State to offer all or any of the items and services required by subparagraph (A)(ii) through an issuer of benchmark coverage described 123 STAT. 101 in subsection (b)(1) or benchmark equivalent coverage described in subsection (b)(2);“(ii) preventing a State from offering all or any of the items and services required by subparagraph (A)(ii) through an issuer of benchmark coverage described in subsection (b)(1) or benchmark equivalent coverage described in subsection (b)(2); or“(iii) affecting a child’s entitlement to care and services described in subsections (a)(4)(B) and (r) of section 1905 and provided in accordance with section 1902(a)(43) whether provided through benchmark coverage, benchmark equivalent coverage, or otherwise.”.(b) Correction of Reference to Children in Foster Care Receiving Child Welfare Services.—Section 1937(a)(2)(B)(viii) (42 U.S.C. 1396u–7(a)(2)(B)(viii)), as inserted by section 6044(a) of the Deficit Reduction Act of 2005, is amended by striking “aid or assistance is made available under part B of title IV to children in foster care and individuals” and inserting “child welfare services are made available under part B of title IV on the basis of being a child in foster care or”.(c) Transparency.—Section 1937 (42 U.S.C. 1396u–7), as inserted by section 6044(a) of the Deficit Reduction Act of 2005, is amended by adding at the end the following:“(c) Publication of Provisions Affected.—With respect to a State plan amendment to provide benchmark benefits in accordance with subsections (a) and (b) that is approved by the Secretary, the Secretary shall publish on the Internet website of the Centers for Medicare & Medicaid Services, a list of the provisions of this title that the Secretary has determined do not apply in order to enable the State to carry out the plan amendment and the reason for each such determination on the date such approval is made, and shall publish such list in the Federal Register and not later than 30 days after such date of approval.”.(d) Effective Date.—The amendments made by subsections (a), (b), and (c) of this section shall take effect as if included in the amendment made by section 6044(a) of the Deficit Reduction Act of 2005.