II 

Calendar No. 210 

109TH CONGRESS 

1ST SESSION S. 1688 

To provide 100 percent Federal financial assistance under the Medicaid and 

State children’s health insurance programs for States providing medical 

or child health assistance to survivors of Hurricane Katrina, to provide 

for an accommodation of the special needs of such survivors under 

the medicare program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2005 

Mrs. HUTCHISON (for herself and Mr. CORNYN) introduced the following bill; 

which was read the first time 

SEPTEMBER 13, 2005 

Read the second time and placed on the calendar 

A BILL 

To provide 100 percent Federal financial assistance under 

the Medicaid and State children’s health insurance programs for States providing medical or child health assistance to survivors of Hurricane Katrina, to provide for 

an accommodation of the special needs of such survivors 

under the medicare program, and for other purposes. 

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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hurricane Katrina 

3 Medicaid and SCHIP Relief Act of 2005’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) DISASTER PERIOD.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the term ‘‘disaster period’’ means, 

9 with respect to any State that includes an area 

10 for which a major disaster has been declared in 

11 accordance with section 401 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5170) as a result of Hurri14 cane Katrina, the period beginning on the ear15 liest date on which any area of the State was 

16 so declared and ending on the earlier of— 

17 (i) the latest date for which any such 

18 declaration of an area of the State termi19 nates; or 

20 (ii) 6 months after the beginning of 

21 such period. 

22 (B) ONE-TIME EXTENSION.—The Presi23 dent may extend the disaster period under sub24 paragraph (A) with respect to a State for a pe25 riod of up to 6 months. Any reference to the 
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1 term ‘‘disaster period’’ in this Act shall include 

2 any extension under this subparagraph. 

3 (2) KATRINA SURVIVOR.— 

4 (A) IN GENERAL.—The term ‘‘Katrina 

5 Survivor’’ means individuals who— 

6 (i) reside in an area for which a major 

7 disaster has been declared in accordance 

8 with 401 of the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5170) as a result of Hurricane 

11 Katrina; or 

12 (ii) resided in such an area on any 

13 day during the week preceding the date 

14 that the major disaster was declared with 

15 respect to that area. 

16 (B) TREATMENT OF HOMELESS PER17 SONS.—In the case of an individual who was 

18 homeless within an area described in subpara19 graph (A) on any day during the week pre20 ceding the date on which a major disaster for 

21 such area was first declared, the individual’s 

22 ‘‘residence’’ shall be deemed to be the place of 

23 residence as otherwise determined for such an 

24 individual under title XIX or XXI (as the case 

25 may be) of the Social Security Act. 
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1 SEC. 3. AUTHORITY TO PROVIDE MEDICAL ASSISTANCE 

2 UNDER MEDICAID OR CHILD HEALTH ASSIST3 ANCE UNDER THE STATE CHILDREN’S 

4 HEALTH INSURANCE PROGRAM TO KATRINA 

5 SURVIVORS. 

6 During the disaster period, any State may provide 

7 medical assistance under a State Medicaid plan estab8 lished under title XIX of the Social Security Act (42 

9 U.S.C. 1396 et seq.), without submitting a State plan 

10 amendment, to Katrina Survivors, or, in the case of a 

11 Katrina Survivor who is a child, child health assistance 

12 under a State child health plan under title XXI of such 

13 Act (42 U.S.C. 1397aa et seq.), in accordance with the 

14 following: 

15 (1) UNIFORM ELIGIBILITY RULES.— 

16 (A) NO INCOME, RESOURCES, RESIDENCY, 

17 OR CATEGORICAL ELIGIBILITY REQUIRE18 MENTS.—Such assistance shall be provided 

19 without application of any income or resources 

20 test, State residency, or categorical eligibility 

21 requirements. 

22 (B) STREAMLINED ELIGIBILITY PROCE23 DURES.—The State shall use the following 

24 streamlined procedures in processing applica25 tions and determining eligibility for medical or 

26 child health assistance for Katrina Survivors: 
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1 (i) A common 1-page application form 

2 that shall include notice regarding the pen3 alties for making a fraudulent application 

4 under paragraph (4) and shall require the 

5 applicant to assign to the State any rights 

6 of the applicant (or any other person who 

7 is a Katrina Survivor and on whose behalf 

8 the applicant has the legal authority to 

9 execute an assignment of such rights) 

10 under any group health plan or other 

11 third-party coverage for health care. 

12 (ii) Self-attestation by (or in the case 

13 of a child, on behalf of) the applicant that 

14 the applicant is a Katrina Survivor. 

15 (iii) No requirement for documenta16 tion evidencing the basis on which the ap17 plicant qualifies to be a Katrina Survivor. 

18 (iv) Issuance of an eligibility card to 

19 an applicant who completes such applica20 tion, including the self-attestation required 

21 under clause (ii). Such card shall be valid 

22 during the disaster period. 

23 (v) If an applicant completes the ap24 plication and presents it to a provider or 

25 facility participating in the State Medicaid 
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1 plan or the State child health plan that is 

2 qualified to make presumptive eligibility 

3 determinations under such plan (which at 

4 a minimum shall consist of facilities identi5 fied in section 1902(a)(55) of the Social 

6 Security Act (42 U.S.C. 1396a(a)(55)) and 

7 it appears to the provider that the appli8 cant is a Katrina Survivor based on the in9 formation in the application, the applicant 

10 will be deemed to be a Katrina Survivor el11 igible for medical or child health assistance 

12 in accordance with this section, subject to 

13 paragraph (3). 

14 (vi) Subject to paragraphs (3) and 

15 (4), continuous eligibility, without the need 

16 for any redetermination of eligibility, for 

17 the duration of the disaster period. 

18 (2) SCOPE OF COVERAGE SAME AS CATEGORI19 CALLY NEEDY OR TARGETED LOW-INCOME CHILD.— 

20 (A) IN GENERAL.—The State shall treat a 

21 Katrina Survivor as an individual eligible for 

22 medical assistance under the State plan under 

23 title XIX of the Social Security Act on the basis 

24 of section 1902(a)(10)(A)(i) of the Social Secu25 rity Act (42 U.S.C. 1396a(a)(10)(A)(i)), or, in 
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1 the case of a child, as a targeted low-income 

2 child under the State child health plan under 

3 title XXI of such Act (42 U.S.C. 1397aa et 

4 seq.), with coverage for such assistance retro5 active to the earliest date described in section 

6 2(1) that is applicable to such Survivor. 

7 (B) REIMBURSEMENT OF ITEMS AND

8 SERVICES THAT A PROVIDER DETERMINES ARE

9 MEDICALLY NECESSARY.—The State shall pay a 

10 provider of medical or child health assistance 

11 (including a provider of mental health services) 

12 for an item or service provided by the provider 

13 to a Katrina Survivor which is not within the 

14 scope of coverage applicable to the Survivor 

15 under subparagraph (A) upon a determination 

16 by the provider that the provision of such item 

17 or service is medically necessary for the Sur18 vivor (without regard to the State’s standard 

19 which would otherwise apply to a determination 

20 of medical necessity). 

21 (3) VERIFICATION OF STATUS AS A KATRINA

22 SURVIVOR.— 

23 (A) IN GENERAL.—The State shall make a 

24 good faith effort to verify the status of a 

25 Katrina Survivor enrolled in the State Medicaid 
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1 or child health plan under the provisions of this 

2 section after the determination of the eligibility 

3 of the Survivor for medical or child health as4 sistance under such plan. 

5 (B) EVIDENCE OF VERIFICATION.—A 

6 State may satisfy the verification requirement 

7 under subparagraph (A) with respect to a 

8 Katrina Survivor by showing that the State 

9 providing medical or child assistance obtained 

10 information from the Social Security Adminis11 tration, the Internal Revenue Service, or, in the 

12 case of a Katrina Survivor who resided in a 

13 State for which a major disaster has been de14 clared in accordance with 401 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5170) as a result of Hurri17 cane Katrina, the State Agency for that State 

18 with responsibility for administering that 

19 State’s Medicaid or child health plan. 

20 (C) DISALLOWANCE OF PAYMENTS FOR

21 FAILURE TO MAKE GOOD FAITH EFFORT.—If, 

22 with respect to the status of a Katrina Survivor 

23 enrolled in a State Medicaid or child health 

24 plan, the State fails to make the good faith ef25 fort required under subparagraph (A), and the 
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1 Secretary determines that the individual so en2 rolled is not a Katrina Survivor, the Secretary 

3 shall disallow all Federal payments made to the 

4 State that are directly attributable to medical 

5 or child health assistance provided or adminis6 trative costs incurred with respect to the indi7 vidual during the disaster period. 

8 (4) PENALTY FOR FRAUDULENT APPLICA9 TIONS.— 

10 (A) INDIVIDUAL LIABLE FOR COSTS.—If a 

11 State, as the result of verification activities con12 ducted under paragraph (3), determines that an 

13 individual has knowingly made a false self-at14 testation described in paragraph (1)(B)(ii), the 

15 State may, subject to subparagraph (B), seek 

16 recovery from the individual for the full amount 

17 of the cost of medical assistance provided to the 

18 individual under this section. The recovery of 

19 such amount shall be in addition to any other 

20 penalties that may be prescribed by law. 

21 (B) EXCEPTION.—The Secretary shall ex22 empt a State from seeking recovery under sub23 paragraph (A) if the Secretary determines that 

24 it would not be cost-effective for the State to do 

25 so. 
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1 (C) REIMBURSEMENT TO THE FEDERAL

2 GOVERNMENT.—Any amounts recovered by a 

3 State in accordance with this paragraph shall 

4 be returned to the Federal Government, except 

5 that a State’s administrative costs attributable 

6 to obtaining such recovery shall be reimbursed 

7 by the Federal Government in accordance with 

8 section 4. 

9 (5) EXEMPTION FROM ERROR RATE PEN10 ALTIES.—All payments attributable to providing 

11 medical assistance to Katrina Survivors in accord12 ance with this section shall be disregarded for pur13 poses of section 1903(u) of the Social Security Act 

14 (42 U.S.C. 1396b(u)). 

15 SEC. 4. 100 PERCENT FEDERAL FINANCIAL ASSISTANCE 

16 FOR MEDICAL AND CHILD HEALTH ASSIST17 ANCE AND ADMINISTRATIVE COSTS. 

18 Notwithstanding sections 1903(a), 1905(b), and 

19 2105(b) of the Social Security Act (42 U.S.C. 1396b(a), 

20 1396d(b), 1397ee(b)), the Federal medical assistance per21 centage (or the enhanced FMAP, in the case of section 

22 2105(b) of such Act) for providing medical assistance 

23 under a State Medicaid plan under title XIX of such Act 

24 or child health assistance under a State child health plan 

25 to a Katrina Survivor, and for costs directly attributable 
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1 to all administrative activities related to the provision of 

2 such assistance, shall be 100 percent during the disaster 

3 period applicable to the area of residence (or former resi4 dence) of such a Survivor. 

5 SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA 

6 SURVIVORS UNDER MEDICARE PROGRAM. 

7 (a) EXCLUSION OF DISASTER RELIEF PERIOD IN

8 COMPUTING PART B LATE ENROLLMENT PENALTY.—In 

9 applying the first sentence of section 1839(b) of the Social 

10 Security Act (42 U.S.C. 1395r(b)) in the case of a Katrina 

11 Survivor, there shall not be taken into account any month 

12 any part of which is within the disaster period or within 

13 the 2-month period following the end of such disaster pe14 riod. 

15 (b) PART D.— 

16 (1) EXTENSION OF INITIAL ENROLLMENT PE17 RIOD.—In the case of a Katrina Survivor, the initial 

18 enrollment period under section 1860D–1(b)(2) of 

19 the Social Security Act (42 U.S.C. 1395w– 

20 101(b)(2)) shall in no case end before May 15, 

21 2007. 

22 (2) FLEXIBILITY IN DOCUMENTATION FOR

23 LOW-INCOME SUBSIDIES.—For purposes of carrying 

24 out section 1860D–14 of the Social Security Act (42 

25 U.S.C. 1395w–114), with respect to Katrina Sur-
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1 vivors, the Secretary of Health and Human Services 

2 shall establish documentation rules for Katrina Sur3 vivors which take into account the loss and unavail4 ability of documents due to Hurricane Katrina. 

5 SEC. 6. GENERAL PROVISIONS. 

6 (a) AUTHORITY TO RELY ON WEBSITE POSTED DES7 IGNATIONS.—The Secretary of Health and Human Serv8 ices shall post on the Internet website for the Centers for 

9 Medicare & Medicaid Services a list of areas, including 

10 parishes and counties, identified as areas for which a 

11 major disaster has been declared in accordance with sec12 tion 401 of the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5170) as a result 

14 of Hurricane Katrina. Any State which provides medical 

15 or child health assistance to Katrina Survivors on the 

16 basis of such posting and in accordance with this Act shall 

17 be held harmless if it is subsequently determined that the 

18 provision of such assistance was in error. 

19 (b) EMERGENCY DESIGNATION.—The preceding pro20 visions of this Act are hereby designated as emergency re21 quirements pursuant to subsections (a) and (b) of section 

22 402 of H. Con. Res. 95 (109th Congress). 

Calendar No. 210 

109TH CONGRESS 

1ST SESSION S. 1688 

A BILL 

To provide 100 percent Federal financial assistance 

medicare program, and for other purposes. of the special needs of such survivors under the cane Katrina, to provide for an accommodation or child health assistance to survivors of Hurriinsurance programs for States providing medical under the Medicaid and State children’s health 

SEPTEMBER 13, 2005 

Read the second time and placed on the calendar