I 

108TH CONGRESS 

1ST SESSION H. R. 2288

To amend title XIX of the Social Security Act to require the prorating 

of Medicaid beneficiary contributions in the case of partial coverage 

of nursing facility services during a month. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2003

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL

To amend title XIX of the Social Security Act to require 

the prorating of Medicaid beneficiary contributions in 

the case of partial coverage of nursing facility services 

during a month.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PRORATING MEDICAID BENEFICIARY CON2 TRIBUTIONS FOR PARTIAL COVERAGE OF 

3 NURSING FACILITY SERVICES DURING A 

4 MONTH. 

5 (a) IN GENERAL.—Section 1902 of the Social Secu6 rity Act (42 U.S.C. 1396a) is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(cc) Notwithstanding any other provision of this 

9 title, in the case of an individual who is entitled to medical 

10 assistance for nursing facility services under this title in 

11 a month but who is not receiving such services during the 

12 entire month, the amount of any contribution required of 

13 the individual during such month with respect to payment 

14 for such services shall be pro-rated to reflect the fraction 

15 of the month during which the individual is receiving such 

16 services.’’. 

17 (b) TECHNICAL AMENDMENTS.—

18 (1) Section 1902 of the Social Security Act (42 

19 U.S.C. 1396a), as amended by section 702(b) of the 

20 Medicare, Medicaid, and SCHIP Benefits Improve21 ment and Protection Act of 2000 (as enacted into 

22 law by section 1(a)(6) of Public Law 106–554), is 

23 amended by redesignating the subsection (aa) added 

24 by such section as subsection (bb). 

25 (2) Section 1902(a)(15) of such Act (42 U.S.C. 

26 1396a(a)(15)), as added by section 702(a)(2) of the 
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1 Medicare, Medicaid, and SCHIP Benefits Improve2 ment and Protection Act of 2000 (as so enacted into 

3 law), is amended by striking ‘‘subsection (aa)’’ and 

4 inserting ‘‘subsection (bb)’’. 

5 (3) Section 1915(b) of such Act (42 U.S.C. 

6 1396n(b)), as amended by section 702(c)(2) of the 

7 Medicare, Medicaid, and SCHIP Benefits Improve8 ment and Protection Act of 2000 (as so enacted into 

9 law), is amended by striking ‘‘1902(aa)’’ and insert10 ing ‘‘1902(bb)’’. 

11 (c) EFFECTIVE DATES.—(1) Except as provided in 

12 paragraph (2), the amendment made by subsection (a) 

13 shall apply to calendar quarters beginning on or after Jan14 uary 1, 2004, without regard to whether or not final regu15 lations to carry out such amendment have been promul16 gated by such date. 

17 (2) In the case of a State plan for medical assistance 

18 under title XIX of the Social Security Act which the Sec19 retary of Health and Human Services determines requires 

20 State legislation (other than legislation appropriating 

21 funds) in order for the plan to meet the additional require22 ment imposed by the amendment made by subsection (a), 

23 the State plan shall not be regarded as failing to comply 

24 with the requirements of such title solely on the basis of 

25 its failure to meet this additional requirement before the 
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1 first day of the first calendar quarter beginning after the 

2 close of the first regular session of the State legislature 

3 that begins after the date of the enactment of this Act. 

4 For purposes of the previous sentence, in the case of a 

5 State that has a 2-year legislative session, each year of 

6 such session shall be deemed to be a separate regular ses7 sion of the State legislature. 

8 (3) The amendments made by subsection (b) shall 

9 take effect as if included in the enactment of section 702 

10 of the Medicare, Medicaid, and SCHIP Benefits Improve11 ment and Protection Act of 2000 (as enacted into law by 

12 section 1(a)(6) of Public Law 106–554).

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