Pub. L. 117-2, tit. IX, subtit. J, sec. 9814 (as amended)
TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE UNDER STATE MEDICAID PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY INDIVIDUALS.
SEC. 9814. TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE UNDER STATE MEDICAID PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY INDIVIDUALS.
Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 9811 of this subtitle, is further amended—
(1) in subsection (b), in the first sentence, by striking “and (hh)” and inserting “(hh), and (ii)”;
(2) in subsection (ff), by striking “subject to subsection (hh)” and inserting “subject to subsections (hh) and (ii)”; and
(3) by adding at the end the following new subsection:
“(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 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.”
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