PUBLIC LAW 109–91—OCT. 20, 2005 119 STAT. 2091

Public Law 109–91

109th Congress

An Act

To extend medicare cost-sharing for qualifying individuals through September 2007,

to extend transitional medical assistance and the program for abstinence education

through December 2005, to provide unemployment relief for States and individuals

affected by Hurricane Katrina, 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 ‘‘QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act

of 2005’’.

TITLE I—HEALTH PROVISIONS

SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.

(a) THROUGH SEPTEMBER 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 2005’’ and inserting ‘‘September 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 (B);

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

(C) and inserting a semicolon; and

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

‘‘(D) for the period that begins on October 1, 2005,

and ends on December 31, 2005, the total allocation amount

is $100,000,000;

‘‘(E) for the period that begins on January 1, 2006,

and ends on September 30, 2006, the total allocation

amount is $300,000,000;

‘‘(F) for the period that begins on October 1, 2006,

and ends on December 31, 2006, the total allocation amount

is $100,000,000; and

‘‘(G) for the period that begins on January 1, 2007,

and ends on September 30, 2007, the total allocation

amount is $300,000,000.’’; and

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

(A), by inserting ‘‘, (D), or (F)’’ after ‘‘subparagraph (B)’’.

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

shall be effective as of September 30, 2005.

42 USC 1396a

note.

42 USC 1305

note.

QI, TMA, and

Abstinence

Programs

Extension and

Hurricane

Katrina

Unemployment

Relief Act of

2005.

Oct. 20, 2005

[H.R. 3971]

119 STAT. 2092 PUBLIC LAW 109–91—OCT. 20, 2005

SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA)

AND ABSTINENCE EDUCATION PROGRAM.

Effective as if enacted on September 30, 2005, activities authorized by sections 510 and 1925 of the Social Security Act shall

continue through December 31, 2005, in the manner authorized

for fiscal year 2005, notwithstanding section 1902(e)(1)(A) of such

Act, and out of any money in the Treasury of the United States

not otherwise appropriated, there are hereby appropriated such

sums as may be necessary for such purpose. Grants and payments

may be made pursuant to this authority through the first quarter

of fiscal year 2006 at the level provided for such activities through

the first quarter of fiscal year 2005.

SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED

FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.

(a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended—

(1) by striking the period at the end and inserting ‘‘, as

such sections were in effect on the date of the enactment

of this part.’’; and

(2) by adding at the end the following: ‘‘Such term also

does not include a drug when used for the treatment of sexual

or erectile dysfunction, unless such drug were used to treat

a condition, other than sexual or erectile dysfunction, for which

the drug has been approved by the Food and Drug Administration.’’.

(b) CONSTRUCTION.—Nothing in this section shall be construed

as preventing a prescription drug plan or an MA–PD plan from

providing coverage of drugs for the treatment of sexual or erectile

dysfunction as supplemental prescription drug coverage under section 1860D–2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C.

1395w–102(a)(2)(A)(ii)).

(c) EFFECTIVE DATES.—The amendment made by subsection

(a)(1) shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of

2003 (Public Law 108–173) and the amendment made by subsection

(a)(2) shall apply to coverage for drugs dispensed on or after

January 1, 2007.

SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED

FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.

(a) IN GENERAL.—Section 1927(d)(2) of the Social Security Act

(42 U.S.C. 1396r–8(d)(2)) is amended by adding at the end the

following new subparagraph:

‘‘(K) Agents when used for the treatment of sexual

or erectile dysfunction, unless such agents are used to

treat a condition, other than sexual or erectile dysfunction,

for which the agents have been approved by the Food

and Drug Administration.’’.

(b) ELIMINATION OF FEDERAL PAYMENT UNDER MEDICAID PROGRAM.—Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is

amended—

(1) by striking ‘‘or’’ at the end of paragraph (19);

(2) by striking the period at the end of paragraph (20)

and inserting ‘‘; or’’; and

42 USC

1395w–102 note.

42 USC

1395w–102 note.

Effective date.

PUBLIC LAW 109–91—OCT. 20, 2005 119 STAT. 2093

(3) by inserting after paragraph (20) the following new

paragraph:

‘‘(21) with respect to amounts expended for covered outpatient drugs described in section 1927(d)(2)(K) (relating to

drugs when used for treatment of sexual or erectile dysfunction).’’.

(c) CLARIFICATION OF NO EFFECT ON DETERMINATION OF BASE

EXPENDITURES.—Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.

1396v(c)(3)(B)(ii)(II)) is amended by inserting ‘‘, including drugs

described in subparagraph (K) of section 1927(d)(2)’’ after ‘‘1860D–

2(e)’’.

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

shall apply to drugs dispensed on or after January 1, 2006.

TITLE II—ASSISTANCE RELATING TO

UNEMPLOYMENT

SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.

Section 903 of the Social Security Act (42 U.S.C. 1103) is

amended by adding at the end the following:

‘‘(e) SPECIAL TRANSFER IN FISCAL YEAR 2006.—Not later than

10 days after the date of the enactment of this subsection, the

Secretary of the Treasury shall transfer from the Federal unemployment account—

‘‘(1) $15,000,000 to the account of Alabama in the

Unemployment Trust Fund;

‘‘(2) $400,000,000 to the account of Louisiana in the

Unemployment Trust Fund; and

‘‘(3) $85,000,000 to the account of Mississippi in the

Unemployment Trust Fund.’’.

SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO ADDRESS HURRICANE KATRINA.

Notwithstanding any provision of section 302(a) or 303(a)(8)

of the Social Security Act, any State may, on or after August

28, 2005, use any amounts received by such State pursuant to

title III of the Social Security Act to assist in the administration

of claims for compensation on behalf of any other State if a major

disaster was declared with respect to such other State or any

area within such other State under the Robert T. Stafford Disaster

Relief and Emergency Assistance Act by reason of Hurricane

Katrina.

Deadline.

42 USC 1396b

note.

42 USC 1396u–5.

119 STAT. 2094 PUBLIC LAW 109–91—OCT. 20, 2005

LEGISLATIVE HISTORY—H.R. 3971:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Oct. 6, considered and passed House.

Oct. 7, considered and passed Senate, amended.

Oct. 19, House concurred in Senate amendment with amendments, pursuant

to H. Res. 501. Senate concurred in House amendments.

Æ

SEC. 203. REGULATIONS.

The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this title and any amendment made by this title.

Approved October 20, 2005.

42 USC 1103

note.