I 

110TH CONGRESS 

1ST SESSION H. R. 1741 

To impose a 2-year moratorium on implementation of a proposed rule relating 

to the Federal-State financial partnerships under Medicaid and the State 

Children’s Health Insurance Program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2007 

Mr. KLEIN of Florida (for himself, Ms. ROS-LEHTINEN, Ms. WASSERMAN

SCHULTZ, Mr. CRENSHAW, and Mr. SALAZAR) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To impose a 2-year moratorium on implementation of a 

proposed rule relating to the Federal-State financial 

partnerships under Medicaid and the State Children’s 

Health Insurance Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MORATORIUM ON IMPLEMENTATION OF PRO4 POSED RULE RELATING TO THE FEDERAL5 STATE FINANCIAL PARTNERSHIPS UNDER 

6 MEDICAID AND SCHIP. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) The proposed rule published on January 18, 

2 2007, on pages 2236 through 2248 of volume 72, 

3 Federal Register (relating to parts 433, 447, and 

4 457 of title 42, Code of Federal Regulations) would 

5 significantly change the Federal-State financial part6 nership under the Medicaid and the State Children’s 

7 Health Insurance Programs by— 

8 (A) imposing a cost limit on payments 

9 made under such programs to governmentally 

10 operated providers; 

11 (B) limiting the permissible sources of the 

12 non-Federal shares required under such pro13 grams and the types of entities permitted to 

14 contribute to such shares; and 

15 (C) imposing new requirements on partici16 pating providers under such programs. 

17 (2) More time is needed to determine how the 

18 proposed rule would impact States, particularly with 

19 respect to those States with Medicaid or State Chil20 dren’s Health Insurance Programs that are oper21 ating under financing arrangements that have been 

22 approved by the Secretary of Health and Human 

23 Services through the waiver process established 

24 under section 1115 of the Social Security Act and 

25 have been properly following the intent and purpose 


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1 for which such funding arrangements were estab2 lished. 

3 (3) Permitting the proposed rule to take effect 

4 without allowing sufficient time for further study of 

5 the effect of the implementation of the rule could 

6 have a negative impact for States, particularly 

7 States with Medicaid or State Children’s Health In8 surance Programs operating under financing ar9 rangements that would be affected by such rule and 

10 that have been approved by the Secretary of Health 

11 and Human Services through the section 1115 waiv12 er process. 

13 (b) PROHIBITION AGAINST MEDICAID RESTRIC14 TIONS.—The Secretary of Health and Human Services 

15 shall not, at any time before the end of the 2-year period 

16 beginning on the date of the enactment of this Act, take 

17 any action to finalize (or otherwise implement) provisions 

18 contained in the proposed rule published on January 18, 

19 2007, on pages 2236 through 2248 of volume 72, Federal 

20 Register (relating to parts 433, 447, and 457 of title 42, 

21 Code of Federal Regulations) or to restrict payments 

22 under title XIX of the Social Security Act for graduate 

23 medical education. 

Æ 


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