PUBLIC LAW 110–90—SEPT. 29, 2007 

TMA, ABSTINENCE EDUCATION, AND QI 

PROGRAMS EXTENSION ACT OF 2007 


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121 STAT. 984 PUBLIC LAW 110–90—SEPT. 29, 2007 

Public Law 110–90 

110th Congress 

An Act 

To provide for the extension of transitional medical assistance (TMA), the abstinence 

education program, and the qualifying individuals (QI) program, and for other 

purposes. 

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 ‘‘TMA, Abstinence Education, 

and QI Programs Extension Act of 2007’’. 

SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) 

AND ABSTINENCE EDUCATION PROGRAM THROUGH 

DECEMBER 31, 2007. 

Section 401 of division B of the Tax Relief and Health Care 

Act of 2006 (Public Law 109–432), as amended by section 1 of 

Public Law 110–48, is amended— 

(1) by striking ‘‘September 30’’ and inserting ‘‘December 

31’’; 

(2) by striking ‘‘for fiscal year 2006’’ and inserting ‘‘for 

fiscal year 2007’’; 

(3) by striking ‘‘the fourth quarter of fiscal year 2007’’ 

and inserting ‘‘the first quarter of fiscal year 2008’’; and 

(4) by striking ‘‘the fourth quarter of fiscal year 2006’’ 

and inserting ‘‘the first quarter of fiscal year 2007’’. 

SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM 

THROUGH DECEMBER 2007. 

(a) THROUGH DECEMBER 2007.—Section 1902(a)(10)(E)(iv) of 

the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended 

by striking ‘‘September 2007’’ and inserting ‘‘December 2007’’. 

(b) EXTENDING TOTAL AMOUNT AVAILABLE FOR ALLOCATION.— 

Section 1933(g) of such Act (42 U.S.C. 1396u–3(g)) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (F); 

(B) by striking the period at the end of subparagraph 

(G) and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(H) for the period that begins on October 1, 2007, 

and ends on December 31, 2007, the total allocation amount 

is $100,000,000.’’; and 

(2) in paragraph (3), in the matter preceding subparagraph 

(A), by striking ‘‘or (F)’’ and inserting ‘‘(F), or (H)’’. 

Ante, p. 244. 

TMA, Abstinence 

Education, and 

QI Programs 

Extension Act 

of 2007. 

42 USC 1305 

note. 

Sept. 29, 2007 

[H.R. 3668] 


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PUBLIC LAW 110–90—SEPT. 29, 2007 121 STAT. 985 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall be effective as of September 30, 2007. 

SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION 

PROJECT TO THE MEDICAID PROGRAM. 

(a) IN GENERAL.—Beginning on October 1, 2007, and ending 

on September 30, 2012, the Secretary of Health and Human Services 

shall provide for the application to asset eligibility determinations 

under the Medicaid program under title XIX of the Social Security 

Act of the automated, secure, web-based asset verification request 

and response process being applied for determining eligibility for 

benefits under the Supplemental Security Income (SSI) program 

under title XVI of such Act under a demonstration project conducted 

under the authority of section 1631(e)(1)(B)(ii) of such Act (42 

U.S.C. 1383(e)(1)(B)(ii)). 

(b) LIMITATION.—Such application shall only extend to those 

States in which such demonstration project is operating and only 

for the period in which such project is otherwise provided. 

(c) RULES OF APPLICATION.—For purposes of carrying out subsection (a), notwithstanding any other provision of law, information 

obtained from a financial institution that is used for purposes 

of eligibility determinations under such demonstration project with 

respect to the Secretary of Health and Human Services under 

the SSI program may also be shared and used by States for purposes 

of eligibility determinations under the Medicaid program. In 

applying section 1631(e)(1)(B)(ii) of the Social Security Act under 

this subsection, references to the Commissioner of Social Security 

and benefits under title XVI of such Act shall be treated as including 

a reference to a State described in subsection (b) and medical 

assistance under title XIX of such Act provided by such a State. 

SEC. 5. 6-MONTH DELAY IN REQUIREMENT TO USE TAMPER-RESISTANT 

PRESCRIPTION PADS UNDER MEDICAID. 

Effective as if included in the enactment of section 7002(b) 

of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 

28, 121 Sta. 187), paragraph (2) of such section is amended by 

striking ‘‘September 30, 2007’’ and inserting ‘‘March 31, 2008’’. 

SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSISTANCE AND QUALITY INITIATIVE FUND. 

Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w– 

4(l)(2)) is amended— 

(1) in subparagraph (A), by adding at the end the following: 

‘‘In addition, there shall be available to the Fund for expenditures during 2009 an amount equal to $325,000,000 and for 

expenditures during or after 2013 an amount equal to 

$60,000,000.’’; and 

(2) in subparagraph (B)— 

(A) in the heading, by striking ‘‘FURNISHED DURING

2008’’; 

(B) by striking ‘‘specified in subparagraph (A)’’ and 

inserting ‘‘specified in the first sentence of subparagraph 

(A)’’; and 

(C) by inserting after ‘‘furnished during 2008’’ the following: ‘‘and for the obligation of the entire first amount 

specified in the second sentence of such subparagraph for 

payment with respect to physicians’ services furnished 

42 USC 1396b 

note. 

Effective date. 

42 USC 1396b 

note. 

Effective date. 

Termination 

date. 

42 USC 1396a 

note. 

42 USC 1396a 

note. 


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121 STAT. 986 PUBLIC LAW 110–90—SEPT. 29, 2007 

during 2009 and of the entire second amount so specified 

for payment with respect to physicians’ services furnished 

on or after January 1, 2013’’. 

SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 

AND 2009 OF A PROSPECTIVE DOCUMENTATION AND CODING 

ADJUSTMENT IN RESPONSE TO THE IMPLEMENTATION OF 

THE MEDICARE SEVERITY DIAGNOSIS RELATED GROUP (MS– 

DRG) SYSTEM UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT HOSPITAL SERVICES. 

(a) IN GENERAL.—In implementing the final rule published 

on August 22, 2007, on pages 47130 through 48175 of volume 

72 of the Federal Register, the Secretary of Health and Human 

Services (in this section referred to as the ‘‘Secretary’’) shall apply 

prospective documentation and coding adjustments (made in 

response to the implementation of a Medicare Severity Diagnosis 

Related Group (MS–DRG) system under the hospital inpatient 

prospective payment system under section 1886(d) of the Social 

Security Act (42 U.S.C. 1395ww(d)) of— 

(1) for discharges occurring during fiscal year 2008, 0.6 

percent rather than the 1.2 percent specified in such final 

rule; and 

(2) for discharges occurring during fiscal year 2009, 0.9 

percent rather than the 1.8 percent specified in such final 

rule. 

(b) SUBSEQUENT ADJUSTMENTS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, if the Secretary determines that implementation of such 

Medicare Severity Diagnosis Related Group (MS–DRG) system 

resulted in changes in coding and classification that did not 

reflect real changes in case mix under section 1886(d) of the 

Social Security Act (42 U.S.C. 1395ww(d)) for discharges occurring during fiscal year 2008 or 2009 that are different than 

the prospective documentation and coding adjustments applied 

under subsection (a), the Secretary shall— 

(A) make an appropriate adjustment under paragraph 

(3)(A)(vi) of such section 1886(d); and 

(B) make an additional adjustment to the standardized 

amounts under such section 1886(d) for discharges occurring only during fiscal years 2010, 2011, and 2012 to offset 

the estimated amount of the increase or decrease in aggregate payments (including interest as determined by the 

Secretary) determined, based upon a retrospective evaluation of claims data submitted under such Medicare Severity 

Diagnosis Related Group (MS–DRG) system, by the Secretary with respect to discharges occurring during fiscal 

years 2008 and 2009. 

(2) REQUIREMENT.—Any adjustment under paragraph (1)(B) 

shall reflect the difference between the amount the Secretary 

estimates that implementation of such Medicare Severity Diagnosis Related Group (MS–DRG) system resulted in changes 

in coding and classification that did not reflect real changes 

in case mix and the prospective documentation and coding 

adjustments applied under subsection (a). An adjustment made 

under paragraph (1)(B) for discharges occurring in a year shall 

not be included in the determination of standardized amounts 

for discharges occurring in a subsequent year. 


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PUBLIC LAW 110–90—SEPT. 29, 2007 121 STAT. 987 

LEGISLATIVE HISTORY—H.R. 3668: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Sept. 26, considered and passed House. 

Sept. 27, considered and passed Senate. 

Æ 

(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as— 

(A) requiring the Secretary to adjust the average 

standardized amounts under paragraph (3)(A)(vi) of such 

section 1886(d) other than as provided under this section; 

or 

(B) providing authority to apply the adjustment under 

paragraph (1)(B) other than for discharges occurring during 

fiscal years 2010, 2011, and 2012. 

(4) JUDICIAL REVIEW.—There shall be no administrative 

or judicial review under section 1878 of the Social Security 

Act (42 U.S.C. 1395oo) or otherwise of any determination or 

adjustments made under this subsection. 

Approved September 29, 2007. 


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