II 

109TH CONGRESS 

1ST SESSION S. 2164 

To amend titles IV, XVIII, and XIX of the Social Security Act to improve 

the provision of care under the programs under such titles, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2005 

Mrs. STABENOW, (for herself, Mr. REID, Mr. BAUCUS, Mr. NELSON of Nebraska, Mr. BINGAMAN, Mr. KENNEDY, Mrs. CLINTON, Mr. ROCKEFELLER, Mr. DAYTON, Mrs. LINCOLN, and Ms. MIKULSKI) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To amend titles IV, XVIII, and XIX of the Social Security 

Act to improve the provision of care under the programs 

under such titles, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Health and Welfare Relief Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 
2 

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TITLE I—GENERAL PROVISIONS 

Sec. 101. Update for physicians’ services for 2006. 

Sec. 102. Development of a strategic plan regarding physician investment in 

specialty hospitals. 

Sec. 103. Three-year transition of hold harmless payments for small rural hospitals under the prospective payment system for hospital outpatient department services. 

Sec. 104. Update to the composite rate component of the basic case-mix adjusted prospective payment system for dialysis services. 

Sec. 105. One-year extension of moratorium on therapy caps. 

Sec. 106. Applying rural home health add-on policy in 2006. 

Sec. 107. State high risk health insurance pool funding. 

Sec. 108. Extension of the temporary assistance for needy families block grant 

program through December 31, 2006. 

Sec. 109. Extension of the national random sample study of child welfare and 

child welfare waiver authority through December 31, 2006. 

Sec. 110. Extension of transitional medical assistance (TMA) and abstinence 

education program. 

Sec. 111. Implementation funding. 

TITLE II—EMERGENCY HEALTH CARE AND OTHER RELIEF FOR 

SURVIVORS OF HURRICANE KATRINA 

Subtitle A—Emergency Health Care Relief 

Sec. 201. Definitions. 

Sec. 202. Disaster relief medicaid. 

Sec. 203. Targeted medicaid relief for major disaster parishes and counties in 

Louisiana, Mississippi, and Alabama. 

Sec. 204. Authority to waive requirements during national emergencies with respect to evacuees from an emergency area. 

Sec. 205. Emergency assistance for States with significant numbers of evacuees 

with respect to the Federal medical assistance percentage for 

fiscal year 2006. 

Sec. 206. Emergency assistance to medicare beneficiaries. 

Sec. 207. Relief for hospitals located in a direct impact parish or county. 

Sec. 208. Disaster relief fund. 

Subtitle B—TANF Relief 

Sec. 211. Reimbursement of States for TANF benefits provided to assist families of States affected by Hurricane Katrina. 

Sec. 212. Increase in amount of additional TANF funds available for hurricane-damaged States. 

Sec. 213. Rules for receipt of Hurricane Katrina emergency TANF benefits 

and application to child support requirements. 

Subtitle C—Miscellaneous Provisions 

Sec. 221. Disclosure based on valid authorization. 

Sec. 222. Emergency procurement authority in support of Hurricane Katrina 

rescue and relief efforts. 
3 

•S 2164 IS 

1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. UPDATE FOR PHYSICIANS’ SERVICES FOR 2006. 

3 (a) UPDATE FOR 2006.—Section 1848(d) of the So4 cial Security Act (42 U.S.C. 1395w–4(d)) is amended— 

5 (1) in paragraph (4)(B), in the matter pre6 ceding clause (i), by striking ‘‘paragraph (5)’’ and 

7 inserting ‘‘paragraphs (5) and (6)’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(6) UPDATE FOR 2006.—The update to the 

11 single conversion factor established in paragraph 

12 (1)(C) for 2006 shall be 0 percent.’’. 

13 (b) NOT TREATED AS CHANGE IN LAW AND REGULA14 TION IN SUSTAINABLE GROWTH RATE DETERMINA15 TION.—The amendments made by subsection (a) shall not 

16 be treated as a change in law for purposes of applying 

17 section 1848(f)(2)(D) of the Social Security Act (42 

18 U.S.C. 1395w–4(f)(2)(D)). 

19 (c) MEDPAC REPORT.— 

20 (1) IN GENERAL.—By not later than March 1, 

21 2007, the Medicare Payment Advisory Commission 

22 shall submit a report to Congress on mechanisms 

23 that could be used to replace the sustainable growth 

24 rate system under section 1848(f) of the Social Se25 curity Act (42 U.S.C. 1395w–4(f)). 
4 

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1 (2) REQUIREMENTS.—The report required 

2 under paragraph (1) shall— 

3 (A) identify and examine alternative meth4 ods for assessing volume growth; 

5 (B) review options to control the volume of 

6 physicians’ services under the Medicare pro7 gram while maintaining access to such services 

8 by Medicare beneficiaries; 

9 (C) examine the application of volume con10 trols under the Medicare physician fee schedule 

11 under section 1848 of the Social Security Act 

12 (42 U.S.C. 1395w–4); 

13 (D) identify levels of application of volume 

14 controls, such as group practice, hospital med15 ical staff, type of service, geographic area, and 

16 outliers; 

17 (E) examine the administrative feasibility 

18 of implementing the options reviewed under 

19 subparagraph (B), including the availability of 

20 data and time lags; 

21 (F) examine the extent to which the alter22 native methods identified and examined under 

23 subparagraph (A) should be specified in such 

24 section 1848; and 
5 

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1 (G) identify the appropriate level of discre2 tion for the Secretary of Health and Human 

3 Services to change payment rates under the 

4 Medicare physician fee schedule or otherwise 

5 take steps that affect physician behavior. 

6 Such report shall include such recommendations on 

7 alternative mechanisms to replace the sustainable 

8 growth rate system as the Medicare Payment Advi9 sory Commission determines appropriate. 

10 (3) FUNDING.—Out of any funds in the Treas11 ury not otherwise appropriated, there are appro12 priated to the Medicare Payment Advisory Commis13 sion $550,000, to carry out this subsection. 

14 (d) PREMIUM TRANSITION RULE.— 

15 (1) 2006.— 

16 (A) PREMIUM.—Nothing in this subsection 

17 shall be construed as modifying the premium 

18 previously computed under section 1839 of the 

19 Social Security Act (42 U.S.C. 1395r) for 

20 months in 2006. 

21 (B) GOVERNMENT CONTRIBUTION.—In 

22 computing the amount of the Government con23 tribution under section 1844(a) of the Social 

24 Security Act (42 U.S.C. 1395w(a)) for months 

25 in 2006, the Secretary of Health and Human 
6 

•S 2164 IS 

1 Services shall compute and apply a new actuari2 ally adequate rate per enrollee age 65 and over 

3 under section 1839(a)(1) of such Act (42 

4 U.S.C. 1395r(a)(1)) taking into account the 

5 provisions of this section. 

6 (2) 2007.— 

7 (A) PREMIUM.—The monthly premium 

8 under section 1839 of the Social Security Act 

9 (42 U.S.C. 1395r) for months in 2007 shall be 

10 computed as if this section had not been en11 acted. 

12 (B) GOVERNMENT CONTRIBUTION.—The 

13 Government contribution under section 1844(a) 

14 of the Social Security Act (42 U.S.C. 

15 1395w(a)) for months in 2007 shall be com16 puted taking into account the provisions of this 

17 section, including subparagraph (A). 

18 SEC. 102. DEVELOPMENT OF A STRATEGIC PLAN REGARD19 ING PHYSICIAN INVESTMENT IN SPECIALTY 

20 HOSPITALS. 

21 (a) DEVELOPMENT.— 

22 (1) IN GENERAL.—The Secretary of Health and 

23 Human Services (in this section referred to as the 

24 ‘‘Secretary’’) shall develop a strategic and imple25 menting plan to address issues described in para-
7 

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1 graph (2) regarding physician investment in spe2 cialty hospitals (as defined in section 1877(h)(7)(A) 

3 of the Social Security Act (42 U.S.C. 

4 1395nn(h)(7)(A)). 

5 (2) ISSUES DESCRIBED.—The issues described 

6 in this paragraph are the following: 

7 (A) Proportionality of investment return. 

8 (B) Bona fide investment. 

9 (C) Annual disclosure of investment infor10 mation. 

11 (D) The provision by specialty hospitals 

12 of— 

13 (i) care to patients who are eligible for 

14 medical assistance under a State plan ap15 proved under title XIX of the Social Secu16 rity Act, including patients not so eligible 

17 but who are regarded as such because they 

18 receive benefits under a demonstration 

19 project approved under title XI of such 

20 Act; and 

21 (ii) charity care. 

22 (E) Appropriate enforcement. 

23 (b) REPORTS.— 

24 (1) INTERIM REPORT.—Not later than 3 

25 months after the date of the enactment of this Act, 
8 

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1 the Secretary shall submit an interim report to the 

2 appropriate committees of jurisdiction of Congress 

3 on the status of the development of the plan under 

4 subsection (a). 

5 (2) FINAL REPORT.—Not later six months after 

6 the date of the enactment of this Act, the Secretary 

7 shall submit a final report to the appropriate com8 mittees of jurisdiction of Congress on the plan devel9 oped under subsection (a) together with rec10 ommendations for such legislation and administra11 tive actions as the Secretary considers appropriate. 

12 (c) CONTINUATION OF SUSPENSION ON ENROLL13 MENT.— 

14 (1) IN GENERAL.—Subject to paragraph (2), 

15 the Secretary shall continue the suspension on en16 rollment of new specialty hospitals (as so defined) 

17 under title XVIII of the Social Security Act until the 

18 earlier of— 

19 (A) the date that the Secretary submits 

20 the final report under subsection (b)(2); or 

21 (B) the date that is six months after the 

22 date of the enactment of this Act. 

23 (2) EXTENSION OF SUSPENSION.—If the Sec24 retary fails to submit the final report described in 
9 

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1 subsection (b)(2) by the date required under such 

2 subsection, the Secretary shall— 

3 (A) extend the suspension on enrollment 

4 under paragraph (1) for an additional two 

5 months; and 

6 (B) provide a certification to the appro7 priate committees of jurisdiction of Congress of 

8 such failure. 

9 (d) WAIVER.—In developing the plan and report re10 quired under this section, the Secretary may waive such 

11 requirements of section 553 of title 5, United States Code, 

12 as the Secretary determines necessary. 

13 (e) FUNDING.—Out of any funds in the Treasury not 

14 otherwise appropriated, there are appropriated to the Sec15 retary for fiscal year 2006, $2,000,000 to carry out this 

16 section. 

17 SEC. 103. THREE-YEAR TRANSITION OF HOLD HARMLESS 

18 PAYMENTS FOR SMALL RURAL HOSPITALS 

19 UNDER THE PROSPECTIVE PAYMENT SYSTEM 

20 FOR HOSPITAL OUTPATIENT DEPARTMENT 

21 SERVICES. 

22 Section 1833(t)(7)(D)(i) of the Social Security Act 

23 (42 U.S.C. 1395l(t)(7)(D)(i)) is amended— 

24 (1) by inserting ‘‘(I)’’ before ‘‘In the case’’; and 
10 

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1 (2) by adding at the end the following new sub2 clause: 

3 ‘‘(II) In the case of a hospital located 

4 in a rural area and that has not more than 

5 100 beds and that is not a sole community 

6 hospital (as defined in section 

7 1886(d)(5)(D)(iii)), for covered OPD serv8 ices furnished on or after January 1, 2006, 

9 and before January 1, 2009, for which the 

10 PPS amount is less than the pre-BBA 

11 amount, the amount of payment under this 

12 subsection shall be increased by the appli13 cable percentage of the amount of such dif14 ference. For purposes of the previous sen15 tence, with respect to covered OPD serv16 ices furnished during 2006, 2007, or 2008, 

17 the applicable percentage shall be 95 per18 cent, 90 percent, and 85 percent, respec19 tively.’’. 

20 SEC. 104. UPDATE TO THE COMPOSITE RATE COMPONENT 

21 OF THE BASIC CASE-MIX ADJUSTED PRO22 SPECTIVE PAYMENT SYSTEM FOR DIALYSIS 

23 SERVICES. 

24 Section 1881(b)(12) of the Social Security Act (42 

25 U.S.C. 1395rr(b)(12)) is amended— 
11 

•S 2164 IS 

1 (1) in subparagraph (F), in the flush matter at 

2 the end, by striking ‘‘Nothing’’ and inserting ‘‘Ex3 cept as provided in subparagraph (G), nothing’’; 

4 (2) by redesignating subparagraph (G) as sub5 paragraph (H); and 

6 (3) by inserting after subparagraph (F) the fol7 lowing new subparagraph: 

8 ‘‘(G) The Secretary shall increase the amount of the 

9 composite rate component of the basic case-mix adjusted 

10 system under subparagraph (B) for dialysis services fur11 nished on or after January 1, 2006, by 1.6 percent above 

12 the amount of such composite rate component for such 

13 services furnished on December 31, 2005.’’. 

14 SEC. 105. ONE-YEAR EXTENSION OF MORATORIUM ON 

15 THERAPY CAPS. 

16 Section 1833(g)(4) of the Social Security Act (42 

17 U.S.C. 1395l(g)(4)) is amended by striking ‘‘and 2005’’ 

18 and inserting ‘‘2005, and 2006’’. 

19 SEC. 106. APPLYING RURAL HOME HEALTH ADD-ON POLICY 

20 IN 2006. 

21 Section 421(a) of Medicare Prescription Drug, Im22 provement, and Modernization Act of 2003 (Public Law 

23 108–173; 117 Stat. 2283) is amended by inserting ‘‘and 

24 episodes and visits beginning on or after January 1, 2006, 

25 and before January 1, 2007,’’ after ‘‘April 1, 2005,’’. 
12 

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1 SEC. 107. STATE HIGH RISK HEALTH INSURANCE POOL 

2 FUNDING. 

3 (a) IN GENERAL.—There are hereby authorized and 

4 appropriated for fiscal year 2006— 

5 (1) $75,000,000 for grants under subsection 

6 (b)(1) of section 2745 of the Public Health Service 

7 Act (42 U.S.C. 300gg–45); and 

8 (2) $15,000,000 for grants under subsection (a) 

9 of such section. 

10 (b) TREATMENT.—The amount appropriated 

11 under— 

12 (1) paragraph (1) shall be treated as if it had 

13 been appropriated under subsection (c)(2) of such 

14 section; and 

15 (2) paragraph (2) shall be treated as if it had 

16 been appropriated under subsection (c)(1) of such 

17 section. 

18 (c) REFERENCES.—Effective upon the enactment of 

19 the State High Risk Pool Funding Extension Act of 

20 2005— 

21 (1) subsection (a)(1) of this section is amended 

22 by striking ‘‘subsection ‘‘(b)(1)’’ and inserting ‘‘sub23 sections (b)(2) and (c)(3)’’; 

24 (2) subsection (b)(1) of this section is amended 

25 by striking ‘‘(c)(2)’’ and inserting ‘‘(d)(1)(B)’’; and 
13 

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1 (3) in subsection (b)(2) of this section, by strik2 ing ‘‘(c)(1)’’ and inserting ‘‘(d)(1)(A)’’. 

3 SEC. 108. EXTENSION OF THE TEMPORARY ASSISTANCE 

4 FOR NEEDY FAMILIES BLOCK GRANT PRO5 GRAM THROUGH DECEMBER 31, 2006. 

6 (a) IN GENERAL.—Effective as if enacted on Decem7 ber 31, 2005, activities authorized by part A of title IV 

8 and section 1108(b) of the Social Security Act (adjusted, 

9 as applicable, by or under the TANF Emergency Response 

10 and Recovery Act of 2005) shall continue through Decem11 ber 31, 2006, in the manner authorized for fiscal year 

12 2005, and out of any money in the Treasury of the United 

13 States not otherwise appropriated, there are hereby appro14 priated such sums as may be necessary for such purpose. 

15 Grants and payments may be made pursuant to this au16 thority on a quarterly basis through the first quarter of 

17 fiscal year 2007 at the level provided for such activities 

18 for each corresponding quarter of fiscal year 2005 (or, as 

19 applicable, at such greater level as may result from the 

20 application of the TANF Emergency Response and Recov21 ery Act of 2005). 

22 (b) CONFORMING AMENDMENTS.—Part A of title IV 

23 of the Social Security Act (42 U.S.C. 601 et seq.) is 

24 amended— 
14 

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1 (1) in section 403(a)(3)(H)(ii), by striking 

2 ‘‘2005’’ and inserting ‘‘2006’’; 

3 (2) in section 403(b)(3)(C)(ii), by striking 

4 ‘‘2006’’ and inserting ‘‘2007’’; and 

5 (3) in section 409(a)(7)— 

6 (A) in subparagraph (A), by striking ‘‘or 

7 2007’’ and inserting ‘‘2007, or 2008’’; and 

8 (B) in subparagraph (B)(ii), by striking 

9 ‘‘2006’’ and inserting ‘‘2007’’. 

10 SEC. 109. EXTENSION OF THE NATIONAL RANDOM SAMPLE 

11 STUDY OF CHILD WELFARE AND CHILD WEL12 FARE WAIVER AUTHORITY THROUGH DECEM13 BER 31, 2006. 

14 Effective as if enacted on December 31, 2005, activi15 ties authorized by sections 429A and 1130(a) of the Social 

16 Security Act shall continue through December 31, 2006, 

17 in the manner authorized for fiscal year 2005, and out 

18 of any money in the Treasury of the United States not 

19 otherwise appropriated, there are hereby appropriated 

20 such sums as may be necessary for such purpose. Grants 

21 and payments may be made pursuant to this authority on 

22 a quarterly basis through the first quarter of fiscal year 

23 2007 at the level provided for such activities for each cor24 responding quarter of fiscal year 2005. 
15 

•S 2164 IS 

1 SEC. 110. EXTENSION OF TRANSITIONAL MEDICAL ASSIST2 ANCE (TMA) AND ABSTINENCE EDUCATION 

3 PROGRAM. 

4 Effective as if enacted on December 31, 2005, activi5 ties authorized by sections 510 and 1925 of the Social Se6 curity Act shall continue through December 31, 2006, in 

7 the manner authorized for fiscal year 2005, notwith8 standing section 1902(e)(1)(A) of such Act, and out of 

9 any money in the Treasury of the United States not other10 wise appropriated, there are hereby appropriated such 

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

12 payments may be made pursuant to this authority on a 

13 quarterly basis through the first quarter of fiscal year 

14 2007 at the level provided for such activities for each cor15 responding quarter of fiscal year 2005. 

16 SEC. 111. IMPLEMENTATION FUNDING. 

17 For purposes of implementing the provisions of, and 

18 amendments made by, this Act— 

19 (1) the Secretary of Health and Human Serv20 ices shall provide for the transfer, in appropriate 

21 part from the Federal Hospital Insurance Trust 

22 Fund established under section 1817 of the Social 

23 Security Act (42 U.S.C. 1395i) and the Federal 

24 Supplementary Medical Insurance Trust Fund es25 tablished under section 1841 of such Act (42 U.S.C. 

26 1395t), of $30,000,000 to the Centers for Medicare 
16 

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1 & Medicaid Services Program Management Account 

2 for fiscal year 2006; and 

3 (2) out of any funds in the Treasury not other4 wise appropriated, there are appropriated to such 

5 Secretary for the Centers for Medicare & Medicaid 

6 Services Program Management Account, 

7 $30,000,000 for fiscal year 2006. 

8 TITLE II—EMERGENCY HEALTH 

9 CARE AND OTHER RELIEF 

10 FOR SURVIVORS OF HURRI11 CANE KATRINA 

12 Subtitle A—Emergency Health 

13 Care Relief 

14 SEC. 201. DEFINITIONS. 

15 In this subtitle: 

16 (1) DIRECT IMPACT PARISH OR COUNTY.— 

17 (A) IN GENERAL.—The term ‘‘direct im18 pact parish or county’’ means a parish in the 

19 State of Louisiana, or a county in the State of 

20 Mississippi or Alabama, for which a major dis21 aster has been declared in accordance with sec22 tion 401 of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 

24 5170) as a result of Hurricane Katrina and 

25 which the President has determined, before 
17 

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1 September 14, 2005, warrants individual and 

2 public assistance from the Federal Government 

3 under such Act. 

4 (B) EXCLUSION.—Such term does not in5 clude a parish in the State of Louisiana or a 

6 county in the State of Mississippi or Alabama 

7 which the President has determined warrants 

8 only public assistance from the Federal Govern9 ment under such Act as a result of Hurricane 

10 Katrina. 

11 (C) AUTHORITY TO RELY ON WEB SITE

12 POSTED DESIGNATIONS.—The Secretary of 

13 Health and Human Services shall post on the 

14 Internet Web site for the Centers for Medicare 

15 & Medicaid Services a list of parishes and coun16 ties identified as direct impact parishes or coun17 ties in accordance with this paragraph. Any 

18 such parish or county that is posted on such 

19 Web site as a direct impact parish or county 

20 shall be treated for purposes of subparagraph 

21 (A) as described in such subparagraph. 

22 (2) DRM ASSISTANCE.—The term ‘‘DRM as23 sistance’’ means the short-term, non-cash, tem24 porary, in-kind, emergency disaster relief health pro-
18 

•S 2164 IS 

1 gram established under section 202 to assist Katrina 

2 Survivors in accordance with that section. 

3 (3) DRM COVERAGE PERIOD.— 

4 (A) IN GENERAL.—The term ‘‘DRM cov5 erage period’’ means the period beginning on 

6 August 28, 2005, and, subject to subparagraph 

7 (B), ending on the date that is 5 months after 

8 the date of enactment of this Act. 

9 (B) AUTHORITY TO EXTEND DRM COV10 ERAGE PERIOD.— 

11 (i) IN GENERAL.—The Secretary may 

12 extend the DRM coverage period for an 

13 additional 5 months. Any reference to the 

14 term ‘‘DRM coverage period’’ in this sub15 title shall include any extension under this 

16 clause. 

17 (ii) NOTICE TO CONGRESS AND

18 STATES.—The Secretary shall notify the 

19 Majority and Minority Leaders of the Sen20 ate, the Speaker of the House of Rep21 resentatives, the Minority Leader of the 

22 House of Representatives, the Chairs and 

23 Ranking Members of the Committee on Fi24 nance of the Senate and the Committees 

25 on Energy and Commerce and Ways and 
19 

•S 2164 IS 

1 Means of the House of Representatives, 

2 and the States at least 45 days prior to— 

3 (I) extending the DRM coverage 

4 period; or 

5 (II) if the Secretary determines 

6 not to extend such period, the ending 

7 date described in subparagraph (A). 

8 (4) KATRINA SURVIVOR.— 

9 (A) IN GENERAL.—The term ‘‘Katrina 

10 Survivor’’ means an individual who is described 

11 in subparagraph (B) or (C). 

12 (B) RESIDENTS AND EVACUEES OF DIRECT

13 IMPACT PARISHES AND COUNTIES.—An indi14 vidual who, on any day during the week pre15 ceding August 28, 2005, had a primary resi16 dence in a direct impact parish or county. 

17 (C) INDIVIDUALS WHO LOST EMPLOY18 MENT.—An individual whose— 

19 (i) worksite, on any day during the 

20 week preceding August 28, 2005, was lo21 cated in a direct impact parish or county; 

22 and 

23 (ii) employment with an employer 

24 which conducted an active trade or busi25 ness on August 28, 2005, in a direct im-
20 

•S 2164 IS 

1 pact parish or county and with respect to 

2 whom such trade or business is inoperable 

3 on any day after August 28, 2005, and be4 fore January 1, 2006, as a result of dam5 age sustained in connection with Hurricane 

6 Katrina, is terminated. 

7 (D) TREATMENT OF CURRENT MEDICAID

8 BENEFICIARIES.—Nothing in this subtitle shall 

9 be construed as preventing an individual who is 

10 otherwise entitled to medical assistance under 

11 title XIX of the Social Security Act from being 

12 treated as a Katrina Survivor under this sub13 title. 

14 (E) TREATMENT OF HOMELESS PER15 SONS.—For purposes of this subtitle, in the 

16 case of an individual who was homeless on any 

17 day during the week described in subparagraph 

18 (B), the individual’s ‘‘residence’’ shall be 

19 deemed to be the place of residence as other20 wise determined for such an individual under 

21 title XIX of the Social Security Act. 

22 (5) POVERTY LINE.—The term ‘‘poverty line’’ 

23 has the meaning given that term in section 

24 2110(c)(5) of the Social Security Act (42 U.S.C. 

25 1397jj(c)(5)). 
21 

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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (7) STATE.—The term ‘‘State’’ has the mean4 ing given that term for purposes of title XIX of the 

5 Social Security Act (42 U.S.C 1396 et seq.). 

6 (8) STATE MEDICAID PLAN.—The term ‘‘State 

7 Medicaid plan’’ means a State plan for medical as8 sistance under title XIX of the Social Security Act 

9 (42 U.S.C. 1396 et seq.), including any medical as10 sistance provided under a waiver of such plan. 

11 SEC. 202. DISASTER RELIEF MEDICAID. 

12 (a) AUTHORITY TO PROVIDE DISASTER RELIEF

13 MEDICAID.— 

14 (1) IN GENERAL.—Notwithstanding any provi15 sion of title XIX of the Social Security Act, a State 

16 shall, as a condition of participation in the Medicaid 

17 program established under title XIX of the Social 

18 Security Act (42 U.S.C. 1396 et seq.), provide med19 ical assistance to DRM-eligible Katrina Survivors 

20 (as defined in subsection (b)) under a State Med21 icaid plan during the DRM coverage period in ac22 cordance with the following provisions of this sec23 tion. 
22 

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1 (2) AUTHORITY TO PROVIDE DRM ASSISTANCE

2 AS SEPARATE COMPONENT OF REGULAR STATE MED3 ICAID PLAN OR UNDER SUCH PLAN.— 

4 (A) IN GENERAL.—A State may provide 

5 DRM assistance without submitting an amend6 ment to the State Medicaid plan and as a sepa7 rate component of the State Medicaid plan or, 

8 subject to subparagraph (B), under such plan. 

9 (B) CONDITIONS FOR PROVISION OF DRM

10 ASSISTANCE UNDER REGULAR STATE MEDICAID

11 PLAN.—A State may only provide DRM assist12 ance under the State Medicaid plan if the State 

13 provides such assistance in accordance with the 

14 requirements of this section and the State is 

15 able to separately identify and report expendi16 tures or other information attributable to the 

17 provision of such assistance. 

18 (b) DRM-ELIGIBLE KATRINA SURVIVOR DE19 FINED.— 

20 (1) IN GENERAL.—In this section, the term 

21 ‘‘DRM-eligible Katrina Survivor’’ means a Katrina 

22 Survivor whose family income does not exceed the 

23 higher of— 
23 

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1 (A) 100 percent (200 percent, in the case 

2 of such a Survivor who is a pregnant woman or 

3 child) of the poverty line; or 

4 (B) the income eligibility standard which 

5 would apply to the Survivor under the State 

6 Medicaid plan. 

7 (2) SPECIAL RULE FOR KATRINA SURVIVORS

8 WHO ARE RECIPIENTS OF DISABILITY INSURANCE

9 BENEFITS.—In the case of a Katrina Survivor who 

10 is a recipient of disability insurance benefits under 

11 section 202 or 223 of the Social Security Act (42 

12 U.S.C. 402, 423), paragraph (1) shall be applied to 

13 such Survivor by substituting ‘‘300 percent of the 

14 supplemental security income benefit rate estab15 lished by section 1611(b)(1) of the Social Security 

16 Act (42 U.S.C. 1382(b)(1))’’ for subparagraph (A) 

17 of such paragraph. 

18 (3) NO RESOURCES, RESIDENCY, OR CATEGOR19 ICAL ELIGIBILITY REQUIREMENTS.—Eligibility 

20 under paragraph (1) shall be determined without ap21 plication of any resources test, State residency, or 

22 categorical eligibility requirements. 

23 (4) INCOME DETERMINATION.— 

24 (A) LEAST RESTRICTIVE INCOME METH25 ODOLOGIES; PROSPECTIVE DETERMINATION.— 
24 

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1 The State shall use the least restrictive meth2 odologies applied under the State Medicaid plan 

3 under section 1902(r)(2) of the Social Security 

4 Act (42 U.S.C. 1396a(r)(2)) in determining in5 come eligibility for Katrina Survivors under 

6 paragraph (1) and shall determine family in7 come for such Survivors only prospectively from 

8 the date of application. 

9 (B) DISREGARD OF UI COMPENSATION

10 AND DISASTER RELIEF ASSISTANCE.—In deter11 mining such income eligibility, the State shall 

12 disregard— 

13 (i) any amount received under a law 

14 of the United States or of a State which 

15 is in the nature of unemployment com16 pensation by a Katrina Survivor during the 

17 DRM coverage period, including unemploy18 ment assistance provided under section 

19 410 of the Robert T. Stafford Disaster Re20 lief and Emergency Assistance Act (42 

21 U.S.C. 5177); and 

22 (ii) any assistance provided (in cash 

23 or in kind) to a Katrina Survivor from any 

24 public or private entity as a result of Hur25 ricane Katrina. 
25 

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1 (5) DEFINITION OF CHILD.—For purposes of 

2 paragraph (1), a DRM-eligible Katrina Survivor 

3 shall be determined to be a ‘‘child’’ if such Survivor 

4 meets the definition of ‘‘child’’ under the State Med5 icaid plan. 

6 (6) CERTAIN INDIVIDUALS DEEMED TO BE

7 DRM-ELIGIBLE KATRINA SURVIVORS.— 

8 (A) IN GENERAL.—Upon submission of an 

9 application from an individual attesting that the 

10 individual is an individual described in any of 

11 the categories described in subparagraph (B), 

12 or, if an individual is an individual described in 

13 subparagraph (C), the State shall deem the in14 dividual to be a DRM-eligible Katrina Survivor 

15 for purposes of eligibility for DRM assistance 

16 during the DRM coverage period. 

17 (B) CATEGORIES DESCRIBED.—For pur18 poses of subparagraph (A), the categories de19 scribed in this subparagraph are the following: 

20 (i) KATRINA SURVIVORS ENROLLED IN

21 A STATE MEDICAID PLAN AS OF THE BE22 GINNING OF THE DRM COVERAGE PE23 RIOD.—Any Katrina Survivor who can pro24 vide proof of enrollment in a State Med25 icaid plan as of August 28, 2005. 
26 

•S 2164 IS 

1 (ii) KATRINA SURVIVORS WHO ARE

2 RECIPIENTS OF UNEMPLOYMENT COM3 PENSATION.—Any Katrina Survivor who, 

4 during the DRM coverage period, is a re5 cipient of an amount paid under a law of 

6 the United States or of a State which is in 

7 the nature of unemployment compensation, 

8 including unemployment assistance pro9 vided under section 410 of the Robert T. 

10 Stafford Disaster Relief and Emergency 

11 Assistance Act (42 U.S.C. 5177). 

12 (iii) KATRINA SURVIVORS ENROLLED

13 IN DRM ASSISTANCE IN ANOTHER

14 STATE.—Any Katrina Survivor determined 

15 by another State to be a DRM-eligible 

16 Katrina Survivor who was enrolled in 

17 DRM assistance in that State and who re18 locates to the State during the DRM cov19 erage period. 

20 (C) KATRINA SURVIVORS PROVIDED MED21 ICAL ASSISTANCE PRIOR TO DATE OF ENACT22 MENT.— 

23 (i) IN GENERAL.—An individual de24 scribed in this subparagraph is any 

25 Katrina Survivor who is provided medical 
27 

•S 2164 IS 

1 assistance under a State Medicaid plan in 

2 accordance with guidance from the Sec3 retary during the period that begins on 

4 August 28, 2005, and ends on the date of 

5 enactment of this Act. 

6 (ii) NONAPPLICATION TO CHILD

7 HEALTH ASSISTANCE.—In the case of an 

8 individual who is a Katrina Survivor who 

9 is provided child health assistance under a 

10 State child health plan in accordance with 

11 guidance from the Secretary during the pe12 riod described in clause (i), such individual 

13 shall not be deemed to be a DRM-eligible 

14 Katrina Survivor for purposes of receiving 

15 DRM assistance under this section. Noth16 ing in the preceding sentence shall be con17 strued as prohibiting such an individual 

18 from submitting an application for DRM 

19 assistance. 

20 (c) ELIGIBILITY DETERMINATION; NO CONTINU21 ATION OF DRM ASSISTANCE.— 

22 (1) STREAMLINED ELIGIBILITY PROCESS.—The 

23 State shall use the following streamlined procedures 

24 in processing applications and determining eligibility 

25 for DRM assistance for DRM-eligible Katrina Sur-
28 

•S 2164 IS 

1 vivors and eligibility for the payment of private 

2 health insurance premiums under section 

3 107(b)(2)(A): 

4 (A) ONE-PAGE APPLICATION.—A common 

5 1-page application form developed by the Sec6 retary of Health and Human Services in con7 sultation with the National Association of State 

8 Medicaid Directors. Such form shall— 

9 (i) require an applicant to provide an 

10 expected address for the duration of the 

11 DRM coverage period and to agree to up12 date that information if it changes during 

13 such period; 

14 (ii) include notice regarding the pen15 alties for making a fraudulent application 

16 under subsection (h); 

17 (iii) require the applicant to assign to 

18 the State any rights of the applicant (or 

19 any other person who is a DRM-eligible 

20 Katrina Survivor and on whose behalf the 

21 applicant has the legal authority to execute 

22 an assignment of such rights) under any 

23 group health plan or other third-party cov24 erage for health care; 

25 (iv) require the applicant to— 
29 

•S 2164 IS 

1 (I) list any health insurance cov2 erage which the applicant was enrolled 

3 in immediately prior to submitting 

4 such application; and 

5 (II) indicate whether the appli6 cant would rather receive DRM assist7 ance from a State in accordance with 

8 this section or, if private health insur9 ance is available, assistance in paying 

10 the premiums for such health insur11 ance under section 208(b)(2)(A); and 

12 (v) be translated by the Secretary into 

13 languages other than English, and in cul14 tural contexts, that are most appropriate 

15 for the applicants expected to submit such 

16 forms. 

17 (B) SELF-ATTESTATION.—Self-attestation 

18 by the applicant that the applicant— 

19 (i) is a DRM-eligible Katrina Sur20 vivor; and 

21 (ii) if applicable, requires home and 

22 community-based services provided under 

23 such DRM assistance in accordance with 

24 subsection (d)(3). 
30 

•S 2164 IS 

1 (C) NO DOCUMENTATION.—The State 

2 shall not require documentation evidencing the 

3 basis on which the applicant qualifies to be a 

4 DRM-eligible Katrina Survivor or, if applicable, 

5 requires home and community-based services. 

6 (D) ISSUANCE OF ELIGIBILITY CARD.— 

7 (i) IN GENERAL.—Subject to clause 

8 (iii), the State shall, immediately upon 

9 submission of a complete application (in10 cluding the self-attestation required under 

11 subparagraph (B)) by an applicant, issue a 

12 DRM assistance eligibility card to the ap13 plicant. 

14 (ii) VALIDITY; NOTICE OF TERMI15 NATION DATE.—A DRM assistance eligi16 bility card shall be valid as long as the 

17 DRM coverage period is in effect and shall 

18 be accompanied by notice of the termi19 nation date for the DRM coverage period 

20 and, if applicable, notice that such termi21 nation date may be extended. If the Sec22 retary extends the DRM coverage period, 

23 the State shall notify DRM-eligible Katrina 

24 Survivors enrolled in DRM assistance of 
31 

•S 2164 IS 

1 the new termination date for the DRM 

2 coverage period. 

3 (iii) APPLICATION TO STATES THAT

4 ELECT TO PROVIDE DRM ASSISTANCE

5 UNDER THE REGULAR STATE MEDICAID

6 PLAN.—In the case of a State that elects 

7 under subsection (a)(2) to provide DRM 

8 assistance under the State Medicaid plan, 

9 the State may issue to an applicant who 

10 submits a complete application an eligi11 bility card that is similar to the cards 

12 issued by the State to enrollees in the 

13 State medicaid plan, but only if the State 

14 is able to adapt the card in a manner 

15 which clearly identifies that the applicant 

16 is eligible for DRM assistance and provides 

17 notice of the termination date for the 

18 DRM coverage period (and the new termi19 nation date applicable if the Secretary ex20 tends such coverage period). 

21 (E) APPLICATION FOR MEDICAL ASSIST22 ANCE UNDER REGULAR STATE MEDICAID

23 PLAN.—Concurrent with the issuance of an eli24 gibility card under subparagraph (D), the State 

25 shall provide the applicant with an application 
32 

•S 2164 IS 

1 for medical assistance under the State Medicaid 

2 plan. 

3 (F) PRESUMPTIVE ELIGIBILITY.— 

4 (i) STATES THAT PROVIDE FOR PRE5 SUMPTIVE ELIGIBILITY UNDER THE REG6 ULAR STATE MEDICAID PLAN.—In the case 

7 of a State that, as of the date of enact8 ment of this Act, provides for a period of 

9 presumptive eligibility under the State 

10 Medicaid plan in accordance with section 

11 1920, 1920A, or 1920B of the Social Se12 curity Act (42 U.S.C. 1396r–1, 1396r–1a, 

13 1396r–1b), the State shall deem an appli14 cant to be a DRM-eligible Katrina Sur15 vivor eligible for DRM assistance in ac16 cordance with this section, subject to sub17 section (g), if the applicant completes an 

18 application for such assistance, presents it 

19 to a provider or facility participating in the 

20 State Medicaid plan that is qualified to 

21 make presumptive eligibility determina22 tions under such plan (which at a min23 imum shall consist of facilities identified in 

24 section 1902(a)(55) of the Social Security 

25 Act (42 U.S.C. 1396a(a)(55)), and it ap-
33 

•S 2164 IS 

1 pears to the provider or facility that the 

2 applicant is a DRM-eligible Katrina Sur3 vivor based on the information in the ap4 plication. 

5 (ii) APPLICATION TO STATES THAT DO

6 NOT PROVIDE PRESUMPTIVE ELIGIBILITY

7 UNDER THE REGULAR STATE MEDICAID

8 PLAN.—In the case of a State which does 

9 not provide for a period of presumptive eli10 gibility under the State medicaid plan, the 

11 State may elect to provide for a period of 

12 presumptive eligibility for DRM assistance 

13 by designating qualified providers (as de14 fined in section 1920(b)(2) of such Act (42 

15 U.S.C. 1396r–1(b)(2)) as providers that 

16 are specifically designated by the State to 

17 make presumptive determinations in ac18 cordance with clause (i) with respect to eli19 gibility for such assistance, but only if— 

20 (I) the State elects to provide for 

21 a period of presumptive eligibility for 

22 such assistance for all Katrina Sur23 vivors who may be DRM-eligible 

24 Katrina Survivors in accordance with 

25 subsection (b); and 
34 

•S 2164 IS 

1 (II) the qualified providers des2 ignated by the State to make deter3 minations of presumptive eligibility 

4 for such assistance, at a minimum, 

5 consistent of facilities identified in 

6 section 1902(a)(55) of the Social Se7 curity Act (42 U.S.C. 1396a(a)(55)) 

8 that are qualified providers under sec9 tion 1920(b)(2) of such Act. 

10 (G) CONTINUOUS ELIGIBILITY.—Contin11 uous eligibility, without the need for any rede12 termination of eligibility, for the duration of the 

13 DRM coverage period. 

14 (2) NO CONTINUATION OF DRM ASSISTANCE.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraphs (B) and (C), no DRM assistance 

17 shall be provided after the end of the DRM cov18 erage period. 

19 (B) PRESUMPTIVE ELIGIBILITY FOR MED20 ICAL ASSISTANCE UNDER REGULAR MEDICAID

21 PLAN.— 

22 (i) IN GENERAL.—If a State, as of the 

23 date of enactment of this Act, provides for 

24 a period of presumptive eligibility for med25 ical assistance under the State Medicaid 
35 

•S 2164 IS 

1 plan in accordance with section 1920, 

2 1920A, or 1920B of the Social Security 

3 Act (42 U.S.C. 1396r–1, 1396r–1a, 

4 1396r–1b), the State shall provide a DRM5 eligible Katrina Survivor who is receiving 

6 DRM assistance from the State in accord7 ance with this section and who, as of the 

8 end of the DRM coverage period, is an in9 dividual for whom a period of presumptive 

10 eligibility would be provided under the 

11 State Medicaid plan, with presumptive eli12 gibility for medical assistance under the 

13 State Medicaid plan. 

14 (ii) STATE OPTION TO PROVIDE PRE15 SUMPTIVE ELIGIBILITY.—If a State is a 

16 State to which clause (i) does not apply, 

17 the State may elect to provide for a period 

18 of presumptive eligibility for medical as19 sistance under the State Medicaid plan for 

20 a DRM-eligible Katrina Survivor who is re21 ceiving DRM assistance from the State in 

22 accordance with this section and who, as of 

23 the end of the DRM coverage period, is an 

24 individual for whom a period of presump25 tive eligibility would be provided under the 
36 

•S 2164 IS 

1 State Medicaid plan in accordance with 

2 section 1920, 1920A, or 1920B of such 

3 Act, if the State were to provide such a pe4 riod of presumptive eligibility under the 

5 State Medicaid plan. 

6 (iii) STATE OPTION FOR ALL STATES

7 TO PROVIDE PRESUMPTIVE ELIGIBILITY TO

8 OTHER POPULATIONS OF DRM-ELIGIBLE

9 KATRINA SURVIVORS.—In addition to the 

10 populations of DRM-eligible Katrina Sur11 vivors described in clauses (i) and (ii), a 

12 State to which clause (i) or (ii) applies, 

13 may elect to provide for a period of pre14 sumptive eligibility for medical assistance 

15 under the State Medicaid plan for other 

16 DRM-eligible Katrina Survivors who are 

17 receiving DRM assistance from the State 

18 in accordance with this section as of the 

19 end of the DRM coverage period. 

20 (iv) LENGTH OF PERIOD.—A pre21 sumptive eligibility period provided in ac22 cordance with clause (i), (ii), or (iii) shall 

23 be provided until the earlier of— 

24 (I) the date on which a deter25 mination with respect to the Sur-
37 

•S 2164 IS 

1 vivor’s application for medical assist2 ance under the State Medicaid plan is 

3 made; or 

4 (II) the end of the 60-day period 

5 that begins on the first day after the 

6 end of the DRM coverage period. 

7 (C) PREGNANT WOMEN.—In the case of a 

8 DRM-eligible Katrina Survivor who is receiving 

9 DRM assistance from a State in accordance 

10 with this section and whose pregnancy ended 

11 during the 60-day period prior to the end of the 

12 DRM coverage period, or who is pregnant as of 

13 the end of such period, such Survivor shall con14 tinue to be eligible for DRM assistance after 

15 the end of the DRM coverage period, including 

16 (but not limited to) for all pregnancy-related 

17 and postpartum medical assistance available 

18 under the State Medicaid plan, through the end 

19 of the month in which the 60-day period (begin20 ning on the last day of her pregnancy) ends. 

21 (d) SCOPE OF COVERAGE.— 

22 (1) CATEGORICALLY NEEDY BENEFITS.—The 

23 State shall treat a DRM-eligible Katrina Survivor as 

24 an individual eligible for medical assistance under 

25 the State plan under title XIX of the Social Security 
38 

•S 2164 IS 

1 Act on the basis of section 1902(a)(10)(A)(i) of the 

2 Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), 

3 with coverage for such assistance retroactive to 

4 items and services furnished on or after August 28, 

5 2005 (or in the case of applications for DRM assist6 ance submitted after January 1, 2006, the first day 

7 of the 5th month preceding the date on which such 

8 application is submitted). 

9 (2) EXTENDED MENTAL HEALTH AND CARE CO10 ORDINATION BENEFITS.—The State may provide, 

11 without regard to any restrictions on amount, dura12 tion, and scope, comparability, or restrictions other13 wise applicable under the State Medicaid plan (other 

14 than restrictions applicable under such plan with re15 spect to services provided in an institution for men16 tal diseases), to DRM-eligible Katrina Survivors ex17 tended mental health and care coordination benefits 

18 which may include the following: 

19 (A) Screening, assessment, and diagnostic 

20 services (including specialized assessments for 

21 individuals with cognitive impairments). 

22 (B) Coverage for a full range of mental 

23 health medications at the dosages and fre24 quencies prescribed by health professionals for 
39 

•S 2164 IS 

1 depression, post-traumatic stress disorder, and 

2 other mental disorders. 

3 (C) Treatment of alcohol and substance 

4 abuse. 

5 (D) Psychotherapy, rehabilitation, and 

6 other treatments administered by psychiatrists, 

7 psychologists, or social workers. 

8 (E) Subject to restrictions applicable under 

9 the State Medicaid plan with respect to services 

10 provided in an institution for mental diseases, 

11 in-patient mental health care. 

12 (F) Family counseling. 

13 (G) In connection with the provision of 

14 health and long-term care services, arranging 

15 for, (and when necessary, enrollment in waiver 

16 programs or other specialized programs), and 

17 coordination related to, primary and specialty 

18 medical care, which may include personal care 

19 services, durable medical equipment and sup20 plies, assistive technology, and transportation. 

21 (3) HOME AND COMMUNITY-BASED SERV22 ICES.— 

23 (A) IN GENERAL.—In the case of a State 

24 with a waiver to provide home and community25 based services granted under section 1115 of 
40 

•S 2164 IS 

1 the Social Security Act or under subsection (c) 

2 or (d) of section 1915 of such Act, the State 

3 may provide such services to DRM-eligible 

4 Katrina Survivors who self-attest in accordance 

5 with subsection (c)(1)(B)(ii) that they require 

6 immediate home and community-based services 

7 that are available under such waiver without re8 gard to whether the Survivors would require the 

9 level of care provided in a hospital, nursing fa10 cility, or intermediate care facility for the men11 tally retarded. Such DRM-eligible Katrina Sur12 vivors include (but are not limited to) individ13 uals described in subparagraph (B). 

14 (B) INDIVIDUALS DESCRIBED.—Individ15 uals described in this subparagraph are individ16 uals who— 

17 (i) on any day during the week pre18 ceding August 28, 2005— 

19 (I) had been receiving home and 

20 community-based services under a 

21 waiver described in subparagraph (A) 

22 in a direct impact parish or county; 

23 (II) had been receiving support 

24 services from a primary family care25 giver who, as a result of Hurricane 
41 

•S 2164 IS 

1 Katrina, is no longer available to pro2 vide services; or 

3 (III) had been receiving personal 

4 care, home health, or rehabilitative 

5 services under the State Medicaid 

6 plan or under a waiver granted under 

7 section 1915 or 1115 of the Social Se8 curity Act; or 

9 (ii) are disabled (as determined under 

10 the State Medicaid plan). 

11 (C) WAIVER OF RESTRICTIONS.—The Sec12 retary shall waive with respect to the provision 

13 of home and community-based services under 

14 this paragraph any limitations on— 

15 (i) the number of individuals who 

16 shall receive home or community-based 

17 services under a waiver described in sub18 paragraph (A); 

19 (ii) budget neutrality requirements ap20 plicable to such waiver; and 

21 (iii) targeted populations eligible for 

22 services under such waiver. 

23 The Secretary may waive other restrictions ap24 plicable under such a waiver, that would pre25 vent a State from providing home and commu-
42 

•S 2164 IS 

1 nity-based services in accordance with this 

2 paragraph. 

3 (4) CHILDREN BORN TO PREGNANT WOMEN.— 

4 In the case of a child born to a DRM-eligible 

5 Katrina Survivor who is provided DRM assistance 

6 during the DRM coverage period, such child shall be 

7 treated as having been born to a pregnant woman el8 igible for medical assistance under the State Med9 icaid plan and shall be eligible for medical assistance 

10 under such plan in accordance with section 

11 1902(e)(4) of the Social Security Act (42 U.S.C. 

12 1396a(e)(4)). The Federal medical assistance per13 centage applicable to the State Medicaid plan shall 

14 apply to medical assistance provided to a child under 

15 such plan in accordance with the preceding sentence. 

16 (e) TERMINATION OF COVERAGE; ASSISTANCE WITH

17 APPLYING FOR REGULAR MEDICAID COVERAGE.— 

18 (1) NOTICE OF EXPECTED TERMINATION OF

19 DRM COVERAGE PERIOD.—A State shall provide 

20 DRM-eligible Katrina Survivors who are receiving 

21 DRM assistance from the State in accordance with 

22 this section, as of the beginning of the 4th month 

23 (and, if applicable, 9th month) of the DRM coverage 

24 period with— 
43 

•S 2164 IS 

1 (A) notice of the expected termination date 

2 for DRM assistance for such period and, if ap3 plicable, any extension of the DRM coverage pe4 riod and the expected termination date for the 

5 extension of such period; 

6 (B) information regarding eligibility for 

7 medical assistance under the State’s eligibility 

8 rules otherwise applicable under the State Med9 icaid plan; and 

10 (C) an application for such assistance and 

11 information regarding where to obtain assist12 ance with completing such application in ac13 cordance with paragraph (2). 

14 (2) APPLICATION ASSISTANCE.—A State shall 

15 provide DRM-eligible Katrina Survivors who are re16 ceiving DRM assistance from the State in accord17 ance with this section with assistance in applying for 

18 medical assistance under the State Medicaid plan for 

19 periods beginning after the end of the DRM cov20 erage period, at State Medicaid offices and at loca21 tions easily accessible to such Survivors. 

22 (3) STATE REPORTS.—A State providing DRM 

23 assistance in accordance with this section shall sub24 mit to the Secretary the following reports: 
44 

•S 2164 IS 

1 (A) TERMINATION AND TRANSITION AS2 SISTANCE TO REGULAR MEDICAID COVERAGE

3 FOR DRM-ELIGIBLE KATRINA SURVIVORS ELIGI4 BLE FOR SUCH ASSISTANCE.—Not later than 

5 the last day of the 3rd month of the DRM cov6 erage period, a report detailing how the State 

7 intends to satisfy the requirements of para8 graphs (1) and (2). 

9 (B) ENROLLMENT.—Not later than 3 

10 months after the end of the DRM coverage pe11 riod, a report regarding— 

12 (i) the number of Katrina Survivors 

13 who are determined to be DRM-eligible 

14 Katrina Survivors; and 

15 (ii) the number of DRM-eligible 

16 Katrina Survivors who are determined to 

17 be eligible for, and enrolled in, the State 

18 Medicaid plan. 

19 (4) SECRETARIAL OVERSIGHT.—The Secretary 

20 of Health and Human Services shall ensure that a 

21 State is complying with the requirements of para22 graphs (1) and (2) and that applications for medical 

23 assistance under the State Medicaid plan from 

24 DRM-eligible Katrina Survivors for periods begin-
45 

•S 2164 IS 

1 ning after the end of the DRM coverage period are 

2 processed in a timely and appropriate manner. 

3 (5) NO PRIVATE RIGHT OF ACTION AGAINST A

4 STATE FOR FAILURE TO PROVIDE NOTICE.—No pri5 vate right of action shall be brought against a State 

6 for failure to provide the notices required under 

7 paragraph (1) or subsection (c)(1) so long as the 

8 State makes a good faith effort to provide such no9 tices. 

10 (f) 100 PERCENT FEDERAL MATCHING PAY11 MENTS.— 

12 (1) IN GENERAL.—Notwithstanding section 

13 1905(b) of the Social Security Act (42 U.S.C. 

14 1396d(b), the Federal medical assistance percentage 

15 or the Federal matching rate otherwise applied 

16 under section 1903(a) of such Act (42 U.S.C. 

17 1396b(a)) shall be 100 percent for— 

18 (A) providing DRM assistance to DRM-eli19 gible Katrina Survivors during the DRM cov20 erage period in accordance with this section; 

21 (B) costs directly attributable to adminis22 trative activities related to the provision of such 

23 DRM assistance, including costs attributable to 

24 obtaining recoveries under subsection (h); 
46 

•S 2164 IS 

1 (C) costs directly attributable to providing 

2 application assistance in accordance with sub3 section (e)(2); and 

4 (D) medical assistance provided in accord5 ance with subparagraph (B) of subsection 

6 (c)(2), and DRM assistance provided in accord7 ance with subparagraph (C) of that subsection, 

8 after the end of the DRM coverage period. 

9 (2) INCLUSION OF ASSISTANCE PROVIDED TO

10 KATRINA SURVIVORS PRIOR TO DATE OF ENACT11 MENT.—Any assistance provided to a Katrina Sur12 vivor under a State Medicaid plan in accordance 

13 with guidance from the Secretary during the period 

14 that begins on August 28, 2005, and ends on the 

15 date of enactment of this Act, shall be treated as a 

16 DRM assistance provided to a DRM-eligible Katrina 

17 Survivor during the DRM coverage period for pur18 poses of paragraph (1). 

19 (3) 100 PERCENT FEDERAL MATCHING PAY20 MENTS FOR COSTS FOR PROVIDING CHILD HEALTH

21 ASSISTANCE PRIOR TO DATE OF ENACTMENT; RES22 TORATION OF ALLOTMENTS USED TO PROVIDE SUCH

23 ASSISTANCE.—With respect to child health assist24 ance for items and services furnished during the pe-
47 

•S 2164 IS 

1 riod described in paragraph (2) to a Katrina Sur2 vivor— 

3 (A) notwithstanding section 2105(b) of the 

4 Social Security Act (42 U.S.C. 1397ee(b)), the 

5 Federal matching rate for providing such child 

6 health assistance under a State child health 

7 plan and for costs directly attributable to all 

8 administrative activities that relate to the provi9 sion of such child health assistance, shall be 

10 100 percent; 

11 (B) payments to a State for the provision 

12 of such assistance shall not be considered to be 

13 payments from an allotment for the State under 

14 section 2104 of such Act (42 U.S.C 1397dd); 

15 and 

16 (C) any payments that were made to a 

17 State for the provision of such assistance prior 

18 to such date of enactment, shall be disregarded 

19 for purposes of determining the unexpended 

20 amount of any allotment available for expendi21 ture by the State under that section. 

22 (4) DISREGARD OF PAYMENTS.—Payments pro23 vided to a State in accordance with this subsection 

24 shall be disregarded for purposes of applying sub-
48 

•S 2164 IS 

1 sections (f) and (g) of section 1108 of the Social Se2 curity Act (42 U.S.C. 1308). 

3 (g) VERIFICATION OF STATUS AS A KATRINA SUR4 VIVOR.— 

5 (1) IN GENERAL.—The State shall make a good 

6 faith effort to verify the status of an individual who 

7 is enrolled in the State Medicaid plan as a DRM-eli8 gible Katrina Survivor under the provisions of this 

9 section. Such effort shall not delay the determina10 tion of the eligibility of the Survivor for DRM assist11 ance under this section or the provision of such as12 sistance to the Survivor. 

13 (2) EVIDENCE OF VERIFICATION.—A State may 

14 satisfy the verification requirement under subpara15 graph (A) with respect to an individual by showing 

16 that the State providing DRM assistance obtained 

17 information from the Federal Emergency Manage18 ment Agency, the Social Security Administration, 

19 the Internal Revenue Service, or the State Medicaid 

20 Agency for the State from which individual is from 

21 (if the individual was not a resident of such State 

22 on any day during the week preceding August 28, 

23 2005). 

24 (h) PENALTY FOR FRAUDULENT APPLICATIONS.— 
49 

•S 2164 IS 

1 (1) INDIVIDUAL LIABLE FOR COSTS.—If a 

2 State, as the result of verification activities con3 ducted under subsection (g) or otherwise, determines 

4 after a fair hearing that an individual has knowingly 

5 made a false self-attestation described in subsection 

6 (c)(1)(B), the State may, subject to paragraph (2), 

7 seek recovery from the individual for the full amount 

8 of the cost of DRM assistance provided to the indi9 vidual under this section. 

10 (2) EXCEPTION.—The Secretary shall exempt a 

11 State from seeking recovery under paragraph (1) if 

12 the Secretary determines that it would not be cost13 effective for the State to do so. 

14 (3) REIMBURSEMENT TO THE FEDERAL GOV15 ERNMENT.—Any amounts recovered by a State in 

16 accordance with this subsection shall be returned to 

17 the Federal government. 

18 (i) EXEMPTION FROM ERROR RATE PENALTIES.— 

19 (1) IN GENERAL.—All payments attributable to 

20 providing DRM assistance in accordance with this 

21 section, including during a period of presumptive eli22 gibility for such assistance in accordance with sub23 section (c)(1)(F), shall be disregarded for purposes 

24 of section 1903(u) of the Social Security Act (42 

25 U.S.C. 1396b(u)). 
50 

•S 2164 IS 

1 (2) APPLICATION OF ERROR RATE PENALTIES

2 FOR PRESUMPTIVE ELIGIBILITY PERIODS FOR MED3 ICAL ASSISTANCE AFTER THE END OF THE DRM

4 COVERAGE PERIOD.—The rules for application of 

5 such section under the State Medicaid plan, as in ef6 fect on the date of enactment of this Act, shall apply 

7 with respect to any period of presumptive eligibility 

8 for medical assistance under such plan provided by 

9 a State in accordance with subsection (c)(2)(B). 

10 (j) PROVIDER PAYMENT RATES.—In the case of any 

11 DRM assistance provided in accordance with this section 

12 to a DRM-eligible Katrina Survivor that is covered under 

13 the State Medicaid plan (as applied without regard to this 

14 section) the State shall pay a provider of such assistance 

15 the same payment rate as the State would otherwise pay 

16 for the assistance if the assistance were provided under 

17 the State Medicaid plan (or, if no such payment rate ap18 plies under the State Medicaid plan, the usual and cus19 tomary prevailing rate for the item or service for the com20 munity in which it is provided). 

21 (k) APPLICATION TO INDIVIDUALS ELIGIBLE FOR

22 MEDICAL ASSISTANCE.—Nothing in this section shall be 

23 construed as affecting any rights accorded to an individual 

24 who is a recipient of medical assistance under a State 

25 Medicaid plan who is determined to be a DRM-eligible 
51 

•S 2164 IS 

1 Katrina Survivor, but the provision of DRM assistance to 

2 such individual shall be limited to the provision of such 

3 assistance in accordance with this section. 

4 (l) NO ENTITLEMENT TO REGULAR MEDICAL AS5 SISTANCE SOLELY ON THE BASIS OF RECEIPT OF DRM 

6 ASSISTANCE OR IN THE ABSENCE OF A NEW APPLICA7 TION FOR MEDICAL ASSISTANCE.—Notwithstanding para8 graphs (3) and (8) of section 1902(a) of the Social Secu9 rity Act (42 U.S.C. 1396a(a)), and section 435.930(b) of 

10 title 42, Code of Federal Regulations, subject to subpara11 graphs (B) and (C) of subsection (c)(2), and subsection 

12 (d)(4), nothing in this section shall be construed as pro13 viding an individual who is a DRM-eligible Katrina Sur14 vivor who receives DRM assistance in accordance with this 

15 section, with an entitlement to receive medical assistance 

16 under the State Medicaid plan after the end of the DRM 

17 coverage period— 

18 (1) solely on the basis of the individual’s receipt 

19 of such DRM assistance; or 

20 (2) in the absence of a new application sub21 mitted by such individual for medical assistance 

22 under such plan. 

23 (m) LIMITATION WITH RESPECT TO APPLICATION

24 TO MEDICARE PRESCRIPTION DRUG BENEFIT.—In the 

25 case of an individual who is a DRM-eligible Katrina Sur-
52 

•S 2164 IS 

1 vivor who receives DRM assistance from a State in accord2 ance with this section, and who is eligible for part A of 

3 title XVIII of the Social Security Act (42 U.S.C. 1395c 

4 et seq.) or enrolled in part B of title XVIII of such Act 

5 (42 U.S.C. 1395j et seq.)— 

6 (1) the State payment required under section 

7 1935(c) of such Act (42 U.S.C. 1395u–5(c)) shall be 

8 determined without regard to the provision of DRM 

9 assistance to such individual; and 

10 (2) such individual shall not be treated as a 

11 subsidy eligible individual for purposes of eligibility 

12 for the low-income subsidies provided under section 

13 1860D–14 of such Act (42 U.S.C. 1395w–114) with 

14 respect to the prescription drug coverage provided 

15 under part D of title XVIII of such Act (42 U.S.C. 

16 1395w–101 et seq.), or enrollment in such coverage, 

17 solely on the basis of the provision of DRM assist18 ance to such individual. 

19 (n) NO DRM ASSISTANCE IF THE SECRETARY IS

20 MAKING PAYMENTS ON BEHALF OF THE INDIVIDUAL FOR

21 PRIVATE HEALTH INSURANCE.—A DRM-eligible Katrina 

22 Survivor may not receive DRM assistance from a State 

23 in accordance with this section during any period in which 

24 the Secretary is making a payment for a health insurance 
53 

•S 2164 IS 

1 premium on behalf of such Survivor under section 

2 208(b)(2)(A) with respect to that period. 

3 SEC. 203. TARGETED MEDICAID RELIEF FOR MAJOR DIS4 ASTER PARISHES AND COUNTIES IN LOU5 ISIANA, MISSISSIPPI, AND ALABAMA. 

6 (a) 100 PERCENT FEDERAL MATCHING PAYMENTS

7 FOR MEDICAL ASSISTANCE PROVIDED IN MAJOR DIS8 ASTER PARISH OR COUNTY.— 

9 (1) IN GENERAL.—Notwithstanding section 

10 1905(b) of the Social Security Act (42 U.S.C. 

11 1396d(b)), for items and services furnished during 

12 the period that begins on August 28, 2005, and ends 

13 on December 31, 2006, the Federal medical assist14 ance percentage for providing medical assistance for 

15 such items and services under a State Medicaid plan 

16 to any individual, including a Katrina Survivor, re17 siding in a major disaster parish or county (as de18 fined in subsection (c)), and for costs directly attrib19 utable to all administrative activities that relate to 

20 the provision of such medical assistance, shall be 

21 100 percent. 

22 (2) APPLICATION TO CHILD HEALTH ASSIST23 ANCE.—Notwithstanding section 2105(b) of the So24 cial Security Act (42 U.S.C. 1397ee(b)), for items 

25 and services furnished during the period described in 
54 

•S 2164 IS 

1 subsection (a), the Federal matching rate for pro2 viding child health assistance for such items and 

3 services under a State child health plan in a major 

4 disaster parish or county, and for costs directly at5 tributable to all administrative activities that relate 

6 to the provision of such child health assistance, shall 

7 be 100 percent. 

8 (b) MORATORIUM ON REDETERMINATIONS.—During 

9 the DRM coverage period, the States of Louisiana, Mis10 sissippi, and Alabama shall not be required to conduct eli11 gibility redeterminations under the State’s Medicaid plan. 

12 (c) MAJOR DISASTER PARISH OR COUNTY DE13 FINED.—For purposes of subsection (a), a major disaster 

14 parish or county is a parish of the State of Louisiana or 

15 a county of the State of Mississippi or Alabama for which 

16 a major disaster has been declared in accordance with sec17 tion 401 of the Robert T. Stafford Disaster Relief and 

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

19 of Hurricane Katrina and which the President has deter20 mined, as of September 14, 2005, warrants individual or 

21 public assistance from the Federal Government under 

22 such Act. 
55 

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1 SEC. 204. AUTHORITY TO WAIVE REQUIREMENTS DURING 

2 NATIONAL EMERGENCIES WITH RESPECT TO 

3 EVACUEES FROM AN EMERGENCY AREA. 

4 (a) IN GENERAL.—Section 1135(g)(1) of the Social 

5 Security Act (42 U.S.C. 1320b–5(g)(1)) is amended by 

6 adding at the end the following: 

7 ‘‘Any geographical area in which the Secretary de8 termines there are a significant number of evacuees 

9 from an area that is considered to be an emergency 

10 area under the preceding sentence shall be consid11 ered to be an ‘emergency area’ for purposes of this 

12 section.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect as if enacted on August 

15 28, 2005. 

16 SEC. 205. EMERGENCY ASSISTANCE FOR STATES WITH SIG17 NIFICANT NUMBERS OF EVACUEES WITH RE18 SPECT TO THE FEDERAL MEDICAL ASSIST19 ANCE PERCENTAGE FOR FISCAL YEAR 2006. 

20 (a) IN GENERAL.—If the Federal medical assistance 

21 percentage (as defined in section 1905(b) of the Social Se22 curity Act (42 U.S.C. 1396d(b))) determined for a State 

23 described in subsection (b) for fiscal year 2006 is less than 

24 the Federal medical assistance percentage determined for 

25 such State for fiscal year 2005, the Federal medical assist26 ance percentage for the State for fiscal year 2005 shall 
56 

•S 2164 IS 

1 apply to the State for fiscal year 2006 for purposes of 

2 titles XIX and XXI of the Social Security Act (42 U.S.C. 

3 1396 et seq., 1397aa et seq.). 

4 (b) STATE DESCRIBED.—For purposes of subsection 

5 (a), a State described in this subsection is a State that, 

6 as of September 30, 2005, is hosting at least 10,000 

7 Katrina Survivors described in section 201(4)(A), as de8 termined on the basis of Federal Emergency Management 

9 Authority data. 

10 SEC. 206. EMERGENCY ASSISTANCE TO MEDICARE BENE11 FICIARIES. 

12 In applying the first sentence of section 1839(b) of 

13 the Social Security Act (42 U.S.C. 1395r(b)) in the case 

14 of an individual who, on any day during the week pre15 ceding August 28, 2005, had a residence in a direct im16 pact parish or county, there shall not be taken into ac17 count any month any part of which is within the DRM 

18 coverage period. 

19 SEC. 207. RELIEF FOR HOSPITALS LOCATED IN A DIRECT 

20 IMPACT PARISH OR COUNTY. 

21 (a) INCREASE IN MEDICARE PAYMENTS TO HOS22 PITALS FOR BAD DEBT.—During the DRM coverage pe23 riod, section 1861(v)(1)(T)(iv) of the Social Security Act 

24 (42 U.S.C. 1395x(v)(1)(T)(iv)) shall be applied by sub25 stituting ‘‘0 percent’’ for ‘‘30 percent’’ with respect to— 
57 

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1 (1) a hospital located in a direct impact parish 

2 or county; and 

3 (2) any other hospital, but only to the extent 

4 that the bad debt is related to items and services 

5 furnished to an individual who, on any day during 

6 the week preceding August 28, 2005, had a resi7 dence in a direct impact parish or county. 

8 (b) WAIVER OF CERTAIN MEDICARE QUALITY RE9 PORTING REQUIREMENTS FOR HOSPITALS.—During the 

10 DRM coverage period, section 1886(b)(3)(B)(vii) of the 

11 Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)) 

12 shall not apply to a hospital that is located in a direct 

13 impact parish or county. 

14 SEC. 208. DISASTER RELIEF FUND. 

15 (a) ESTABLISHMENT.—There is established in the 

16 Treasury of the United States the Disaster Relief Fund 

17 (in this section referred to as the ‘‘Fund’’) which— 

18 (1) shall be administered by the Secretary; and 

19 (2) shall consist of amounts made available 

20 under subsection (h). 

21 (b) USE OF AMOUNTS IN FUND.—Amounts in the 

22 Fund shall be used by the Secretary for the following: 

23 (1) PAYMENTS TO PROVIDERS.—The Secretary 

24 shall make payments directly to medicaid providers 

25 described in subsection (e) to offset the costs in-
58 

•S 2164 IS 

1 curred by such providers as a result of Hurricane 

2 Katrina. 

3 (2) PAYMENTS FOR PRIVATE HEALTH INSUR4 ANCE COVERAGE.—The Secretary shall make pay5 ments to State insurance commissioners for the pur6 pose of making payments to health insurance 

7 issuers— 

8 (A) on behalf of individuals that would 

9 otherwise qualify for DRM assistance from the 

10 State under section 202 but for subsection (n) 

11 of such section for such individual’s share of 

12 their health insurance premium; and 

13 (B) on behalf of qualified employers for 

14 the employer share of their employee’s health 

15 insurance premiums, but only with respect to 

16 the days on which the employer meets the defi17 nition under subsection (f). 

18 (c) RULES FOR PAYMENTS TO PROVIDERS.— 

19 (1) CONSULTATION.—In making payments to 

20 medicaid providers under subsection (b)(1), the Sec21 retary shall consult with the Louisiana Department 

22 of Health and Hospitals, the Mississippi Department 

23 of Health, and the Alabama Department of Public 

24 Health in order to best identify the providers with 

25 the greatest need of such payments. 
59 

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1 (2) PRIORITY.—In making payments to med2 icaid providers under subsection (b)(1), the Sec3 retary shall give priority to community-based hos4 pitals, physician practices, and other providers lo5 cated in a direct impact parish or county where the 

6 health care infrastructure was destroyed or nearly 

7 destroyed. 

8 (3) DESCRIPTION OF NEED AND HOW FUNDING

9 WILL BE USED.—In order for a medicaid provider to 

10 be eligible for a payment under subsection (b)(1), 

11 the provider shall provide the Secretary with a de12 scription of the need for the funding and how the 

13 funding will be used. 

14 (4) TIMING FOR FIRST PAYMENT.—The first 

15 payment to medicaid providers under subsection 

16 (b)(1) shall be made by not later than 10 days after 

17 the date of enactment of this Act. 

18 (d) RULES FOR PAYMENTS ON BEHALF OF INDIVID19 UALS FOR PRIVATE HEALTH INSURANCE.— 

20 (1) STREAMLINED ELIGIBILITY PROCESS.—In 

21 making payments on behalf of individuals under sub22 section (b)(2)(A), the Secretary shall use the 

23 streamlined eligibility process under section 

24 202(c)(1). 
60 

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1 (2) NO PAYMENTS IF THE INDIVIDUAL IS RE2 CEIVING DRM ASSISTANCE.—No payments may be 

3 made on behalf of an individual under subsection 

4 (b)(2)(A) with respect to any period in which the in5 dividual is receiving DRM assistance from a State 

6 under section 202. 

7 (e) MEDICAID PROVIDERS DESCRIBED.—For pur8 poses of subsection (b)(1), medicaid providers described 

9 in this subsection are— 

10 (1) any provider under such title, including a 

11 supplier of medical assistance consisting of durable 

12 medical equipment (as defined in section 1861(n) of 

13 such Act (42 U.S.C. 1395x(n)), that, during a pe14 riod after August 28, 2005, as determined by the 

15 Secretary— 

16 (A) experiences a significant increase, as 

17 determined by the Secretary, in their patient 

18 caseload; or 

19 (B) experiences a significant drop, as de20 termined by the Secretary, in their patient case21 load, including a provider that is temporarily 

22 closed during such period; and 

23 (2) any other provider under such title, includ24 ing such a supplier, determined appropriate by the 

25 Secretary. 
61 

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1 (f) QUALIFIED EMPLOYER DEFINED.—For purposes 

2 of subsection (b)(2)(B), the term ‘‘qualified employer’’ 

3 means any employer— 

4 (1) which conducted an active trade or business 

5 on August 28, 2005, in a direct impact parish or 

6 county; and 

7 (2) with respect to which the trade or business 

8 described in paragraph (1)— 

9 (A) is inoperable on any day during the 

10 DRM coverage period as a result of damage 

11 sustained in connection with Hurricane 

12 Katrina; or 

13 (B) is not paying salary or benefits to em14 ployees on any day during the DRM coverage 

15 period as a result of damage sustained in con16 nection with Hurricane Katrina. 

17 (g) EXPEDITING IMPLEMENTATION.—The Secretary 

18 shall promulgate regulations to carry out this section 

19 which may be effective and final immediately on an in20 terim basis as of the date of publication of the interim 

21 final regulation. If the Secretary provides for an interim 

22 final regulation, the Secretary shall provide for a period 

23 of public comments on such regulation after the date of 

24 publication. The Secretary may change or revise such reg25 ulation after completion of the period of public comment. 
62 

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1 (h) APPROPRIATION.—Out of any money in the 

2 Treasury not otherwise appropriated, there is appro3 priated to the Fund $800,000,000 for fiscal year 2005, 

4 to remain available until expended. 

5 (i) APPLICATION OF APPROPRIATIONS FUNDING

6 PROVISIONS.—Amounts provided in this section for mak7 ing payments to medicaid providers under subsection 

8 (b)(1) shall be governed by the terms of division F of the 

9 Consolidated Appropriations Act, 2005 (Public Law 108– 

10 447, 118 Stat. 3112) (or succeeding appropriations meas11 ures for a fiscal year) that apply to funding for Grants 

12 to States for Medicaid under Title XIX of the Social Secu13 rity Act. 

14 Subtitle B—TANF Relief 

15 SEC. 211. REIMBURSEMENT OF STATES FOR TANF BENE16 FITS PROVIDED TO ASSIST FAMILIES OF 

17 STATES AFFECTED BY HURRICANE KATRINA. 

18 (a) IN GENERAL.—Section 3 of the TANF Emer19 gency Response and Recovery Act of 2005 is amended to 

20 read as follows: 

21 ‘‘SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS 

22 PROVIDED TO ASSIST FAMILIES OF STATES 

23 AFFECTED BY HURRICANE KATRINA. 

24 ‘‘(a) ELIGIBILITY FOR PAYMENTS FROM THE CON25 TINGENCY FUND.— 
63 

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1 ‘‘(1) PERIOD OF APPLICABILITY.—Beginning 

2 with August 29, 2005, and ending with September 

3 30, 2006, a State described in paragraph (2) or (3) 

4 shall be considered a needy State for purposes of 

5 section 403(b) of the Social Security Act (42 U.S.C. 

6 603(b)). 

7 ‘‘(2) DIRECT IMPACT STATES.—A State de8 scribed in this paragraph is Louisiana, Mississippi, 

9 or Alabama. 

10 ‘‘(3) OTHER STATES.— 

11 ‘‘(A) IN GENERAL.—A State is described 

12 in this paragraph if the State provides any ben13 efit or service that may be provided under the 

14 State program funded under part A of title IV 

15 of the Social Security Act (42 U.S.C. 601 et 

16 seq.) to a family which— 

17 ‘‘(i) has resided in a direct impact 

18 State described in paragraph (2); 

19 ‘‘(ii) has travelled (not necessarily di20 rectly) to the State from such direct im21 pact State as a result of Hurricane 

22 Katrina; and 

23 ‘‘(iii) if applying for benefits or serv24 ices on or after October 28, 2005, the 

25 State has determined is not receiving cash 
64 

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1 benefits from any program funded under 

2 such part of any other State. 

3 ‘‘(B) APPLICATION TO TERRITORIES.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 section 403(b)(7) of the Social Security 

6 Act, a territory (as defined in section 

7 1108(c)(1) of such Act (42 

8 U.S.C.1308(c)(1)) shall be considered to 

9 be a State described in this paragraph for 

10 purposes of this section. 

11 ‘‘(ii) DISREGARD OF PAYMENTS.— 

12 Section 1108(a) of the Social Security Act 

13 (42 U.S.C. 1308(a)) shall be applied with14 out regard to any amounts paid to a terri15 tory (as so defined) in accordance with this 

16 section. 

17 ‘‘(b) MONTHLY PAYMENTS.—Notwithstanding para18 graph (3)(C)(i) of subsection (b) of section 403 of the So19 cial Security Act (42 U.S.C. 603), and in addition to any 

20 other amounts paid to a State under that subsection, the 

21 total amount paid during a month to a State under this 

22 section shall not exceed the following: 

23 ‘‘(1) DIRECT IMPACT STATES.—In the case of a 

24 State described in subsection (a)(2), such amount 
65 

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shall not exceed, 1 1 ⁄4 of 20 percent of the State fam2 ily assistance grant. 

3 ‘‘(2) OTHER STATES.— In the case of a State 

4 described in subsection (a)(3), such amount shall not 

5 exceed the lesser of— 

6 ‘‘(A) the total amount of Hurricane 

7 Katrina Emergency TANF Benefits (as defined 

8 in section 6(c)(1)) provided by the State to 

9 families described in subsection (a)(3); or 

‘‘(B) 1 10 ⁄4 of 20 percent of the State family 

11 assistance grant. 

12 ‘‘(c) NO STATE MATCH OR MAINTENANCE OF EF13 FORT REQUIRED.—Sections 403(b)(6) and 409(a)(10) of 

14 the Social Security Act (42 U.S.C. 603(b)(6), 609(a)(10)) 

15 shall not apply with respect to a payment made to a State 

16 by reason of this section. 

17 ‘‘(d) INCREASE IN FUNDING TO THE EXTENT NEC18 ESSARY TO ENSURE THAT STATES WILL BE ABLE TO

19 ACCESS THE CONTINGENCY FUND.—For the period de20 scribed in subsection (a)(1), paragraph (2) of subsection 

21 (b) of section 403 of the Social Security Act (42 U.S.C. 

22 603) shall be applied without regard to the limitation on 

23 the total amount specified in such paragraph and funds 

24 appropriated pursuant to such paragraph shall be avail-
66 

•S 2164 IS 

1 able for payments authorized under this section and under 

2 such subsection (b).’’. 

3 (b) RETROACTIVE EFFECTIVE DATE.—The amend4 ment made by subsection (a) shall take effect as if in5 cluded in the enactment of the TANF Emergency Re6 sponse and Recovery Act of 2005. 

7 SEC. 212. INCREASE IN AMOUNT OF ADDITIONAL TANF 

8 FUNDS AVAILABLE FOR HURRICANE-DAM9 AGED STATES. 

10 (a) IN GENERAL.—Section 4 of the TANF Emer11 gency Response and Recovery Act of 2005 is amended— 

12 (1) in subsection (a)(2), by striking ‘‘20 per13 cent’’ and inserting ‘‘40 percent’’; and 

14 (2) in subsection (b), in the matter preceding 

15 paragraph (1), by inserting ‘‘(at any time during or 

16 after the period described in section 3(a)(1))’’ after 

17 ‘‘may not be imposed’’. 

18 (b) RETROACTIVE EFFECTIVE DATE.—The amend19 ments made by subsection (a) shall take effect as if in20 cluded in the enactment of the TANF Emergency Re21 sponse and Recovery Act of 2005. 
67 

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1 SEC. 213. RULES FOR RECEIPT OF HURRICANE KATRINA 

2 EMERGENCY TANF BENEFITS AND APPLICA3 TION TO CHILD SUPPORT REQUIREMENTS. 

4 (a) IN GENERAL.—Section 6 of the TANF Emer5 gency Response and Recovery Act of 2005 is amended to 

6 read as follows: 

7 ‘‘SEC. 6. RULES FOR RECEIPT OF HURRICANE KATRINA 

8 EMERGENCY TANF BENEFITS AND APPLICA9 TION TO CHILD SUPPORT REQUIREMENTS. 

10 ‘‘(a) IN GENERAL.—During the period described in 

11 section 3(a)(1), a State described in paragraph (2) or (3) 

12 of section 3(a) or an Indian tribe with a tribal family as13 sistance plan approved under section 412 of the Social Se14 curity Act (42 U.S.C. 612) may provide Hurricane 

15 Katrina Emergency TANF Benefits under the State or 

16 tribal program funded under part A of title IV of the So17 cial Security Act (42 U.S.C. 601 et seq.). 

18 ‘‘(b) CERTAIN RULES WAIVED.— 

19 ‘‘(1) IN GENERAL.—Hurricane Katrina Emer20 gency TANF Benefits shall not be considered assist21 ance for purposes of sections 407, paragraphs (2), 

22 (3), or (7) of section 408(a), 411, or section 454(29) 

23 of the Social Security Act (42 U.S.C. 607, 608(a), 

24 611, 654(29)). 

25 ‘‘(2) LIMITED WAIVER OF RULES UNDER SEC26 TION 454(4)(A)(i).— 
68 

•S 2164 IS 

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), such benefits shall not be considered 

3 assistance for purposes of section 454(4)(A)(i) 

4 of such Act (42 U.S.C. 654(4)(A)(i)). 

5 ‘‘(B) EXCEPTION FOR FAMILIES ALREADY

6 RECEIVING CHILD SUPPORT SERVICES OR WHO

7 APPLY FOR SUCH SERVICES.—Subparagraph 

8 (A) shall not apply with respect to such benefits 

9 that are provided to a family who— 

10 ‘‘(i) at the time such benefits are pro11 vided, are receiving child support services 

12 under a State plan under section 454 of 

13 such Act (42 U.S.C. 654); or 

14 ‘‘(ii) applies for child support services 

15 under such a State plan on behalf of a 

16 child who is receiving such benefits. 

17 ‘‘(c) HURRICANE KATRINA EMERGENCY TANF BEN18 EFITS.— 

19 ‘‘(1) IN GENERAL.—In this section, the term 

20 ‘Hurricane Katrina Emergency TANF Benefits’ 

21 means any benefit or service that may be provided 

22 under a State or tribal program funded under part 

23 A of title IV of the Social Security Act to support 

24 families which the State or Indian tribe deems to be 

25 needy families based on their statement, cir-
69 

•S 2164 IS 

1 cumstance, or inability to access resources and 

2 who— 

3 ‘‘(A) are described in section 3(a)(3); or 

4 ‘‘(B) subject to paragraph (2), reside in a 

5 State described in section 3(a)(2). 

6 ‘‘(2) LIMITATION.—Any benefit or service pro7 vided under a State or tribal program funded under 

8 part A of title IV of the Social Security Act in a 

9 State described in section 3(a)(2) to a family who 

10 the State or Indian tribe deems to be a needy family 

11 in accordance with paragraph (1), shall only be con12 sidered to be a Hurricane Katrina Emergency 

13 TANF Benefit if the State or Indian tribe des14 ignates that the benefit or service is to be treated as 

15 a Hurricane Katrina Emergency TANF Benefit. 

16 ‘‘(d) SIMPLIFIED DATA REPORTING.— 

17 ‘‘(1) IN GENERAL.—Each State or Indian tribe 

18 which provides Hurricane Katrina Emergency 

19 TANF Benefits shall report to the Secretary of 

20 Health and Human Services on a monthly basis the 

21 following information: 

22 ‘‘(A) The total amount of expenditures at23 tributable to providing Hurricane Katrina 

24 Emergency TANF Benefits. 
70 

•S 2164 IS 

1 ‘‘(B) The total number of families receiv2 ing such benefits. 

3 ‘‘(C) To the extent the State determines it 

4 is able to do so, the total amount of such bene5 fits provided that are— 

6 ‘‘(i) cash; 

7 ‘‘(ii) child care; or 

8 ‘‘(iii) other benefits and services. 

9 ‘‘(2) REPORTS TO CONGRESS.—The Secretary 

10 of Health and Human Services shall submit, on a 

11 monthly basis, a compilation of the reports sub12 mitted in accordance with paragraph (1) to the 

13 Committee on Finance of the Senate and the Com14 mittee on Ways and Means of the House of Rep15 resentatives.’’. 

16 (b) RETROACTIVE EFFECTIVE DATE.—The amend17 ment made by subsection (a) shall take effect as if in18 cluded in the enactment of the TANF Emergency Re19 sponse and Recovery Act of 2005. 

20 Subtitle C—Miscellaneous 

21 Provisions 

22 SEC. 221. DISCLOSURE BASED ON VALID AUTHORIZATION. 

23 (a) IN GENERAL.—Section 223(d)(5) of the Social 

24 Security Act (42 U.S.C. 423(d)(5)) is amended by adding 

25 at the end the following: 
71 

•S 2164 IS 

1 ‘‘(C) Notwithstanding any other provision of law, if 

2 the Commissioner of Social Security provides to a custo3 dian of records a copy, facsimile, or electronic version of 

4 an authorization obtained from the individual to disclose 

5 records to the Commissioner, then such custodian shall 

6 not be held liable under any applicable Federal or State 

7 law for disclosing any record or other information in re8 sponse to such request, on the basis that the authorization 

9 relied upon was a copy, facsimile, or electronic version of 

10 the authorization.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply with respect to disclosures of 

13 records or other information made on or after the date 

14 of enactment of this Act. 

15 SEC. 222. EMERGENCY PROCUREMENT AUTHORITY IN SUP16 PORT OF HURRICANE KATRINA RESCUE AND 

17 RELIEF EFFORTS. 

18 (a) SMALL BUSINESS RESERVATION OFFSET.—Sec19 tion 15(j) of the Small Business Act (15 U.S.C. 644(j)) 

20 is amended by adding at the end the following: 

21 ‘‘(4) For any contracts involving the use of the spe22 cial emergency procurement authority under section 

23 32A(c) of the Office of Federal Procurement Policy Act 

24 (41 U.S.C. 428a(c)), the dollar ceiling of the small busi25 ness reservation established in paragraph (1) shall be ad-
72 

•S 2164 IS 

1 justed to match the applicable amount of the simplified 

2 acquisition threshold.’’. 

3 (b) RETENTION OF SMALL BUSINESS SUBCON4 TRACTING.—Section 8(d)(4)(D) of the Small Business Act 

5 (15 U.S.C. 637(d)(4)(D)) is amended— 

6 (1) by striking ‘‘(D) No contract’’ and inserting 

7 the following: 

8 ‘‘(D) SMALL BUSINESS PARTICIPATION.— 

9 ‘‘(i) IN GENERAL.—No contract’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(ii) EMERGENCY PROCUREMENTS.— 

12 ‘‘(I) IN GENERAL.—For any contract 

13 which otherwise meets the requirements of 

14 this subsection, and which involves the use 

15 of special emergency procurement author16 ity under section 32A(c) of the Office of 

17 Federal Procurement Policy Act (41 

18 U.S.C. 428a(c)), the subcontracting plan 

19 required under this subsection shall be ne20 gotiated as soon as is practicable, but not 

21 later than 30 days after the date on which 

22 the contract is awarded. 

23 ‘‘(II) PAYMENT.—Not greater than 

24 50 percent of the amounts due under any 

25 contract described in subclause (I) may be 
73 

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1 paid, unless a subcontracting plan compli2 ant with this subsection is negotiated by 

3 the contractor.’’. 

4 (c) LIMITATIONS ON INCREASED MICRO-PURCHASE

5 THRESHOLD.—Notwithstanding any other provision of 

6 law, the authority granted under section 101 of the Sec7 ond Emergency Supplemental Appropriations Act to Meet 

8 Immediate Needs Arising From the Consequences of Hur9 ricane Katrina, 2005 (Public Law 109-62), including the 

10 modifications under subsection (d), shall— 

11 (1) be restricted for use solely within the geo12 graphic areas designated by the President as dis13 aster areas due to Hurricane Katrina; 

14 (2) not be exercised in a manner inconsistent 

15 with any Federal law providing for local preference 

16 in disaster relief and recovery contracting; and 

17 (3) terminate 120 days after the date of enact18 ment of this Act. 

19 (d) MODIFIED THRESHOLD.—Notwithstanding sec20 tion 101(2) of the Second Emergency Supplemental Ap21 propriations Act to Meet Immediate Needs Arising From 

22 the Consequences of Hurricane Katrina, 2005 (Public 

23 Law 109–62), the amount specified in subsections (c), (d), 

24 and (f) of the section 32 of the Office of Federal Procure25 ment Policy Act (41 U.S.C. 428) for purchases necessary 
74 

•S 2164 IS 

1 for support of Hurricane Katrina rescue and relief oper2 ations shall be $50,000, or such an amount in excess of 

3 $50,000, but not to exceed $250,000, as may be approved 

4 by the head of the executive agency concerned (or any del5 egate of the head of such executive agency, who shall be 

6 an officer or employee of such executive agency who is a 

7 warranted contracting officer for making Federal acquisi8 tions). 

9 (e) OMB GUIDANCE ON USE OF GOVERNMENT

10 CREDIT CARDS FOR MICRO-PURCHASES.— 

11 (1) GUIDANCE REQUIRED.—Not later than 14 

12 calendar days after the date of enactment of this 

13 Act, the Director of the Office of Management and 

14 Budget shall issue clear and concise guidance re15 garding the use of Government credit cards by Fed16 eral agencies to make micro-purchases under sub17 sections (c), (d), and (f) of section 32 of the Office 

18 of Federal Procurement Policy Act (41 U.S.C. 428), 

19 as modified by this section. 

20 (2) ELEMENTS.—The guidance under para21 graph (1) shall include— 

22 (A) a list of Government officials with the 

23 authority to approve purchases under sub24 section (d) in amounts in excess of $50,000, 

25 designated by agency, title, and pay grade; 
75 

•S 2164 IS 

1 (B) the number of credit cards, by agency, 

2 that may be utilized for purchases under sub3 section (d) in amounts in excess of $50,000; 

4 (C) procedures for the immediate review of 

5 any purchase under subsection (d) in an 

6 amount in excess of $50,000 that was not ap7 proved by an official specified in that paragraph 

8 as required by that paragraph; 

9 (D) procedures for the audit of all pur10 chases made on Government credit cards after 

11 the expiration of subsection (d) under sub12 section (c); and 

13 (E) procedures to ensure that such pur14 chases are made with small business concerns 

15 and local small business concerns, to the max16 imum extent practicable under the cir17 cumstances. 

18 (3) REPORTS ON PURCHASES.—Not later than 

19 180 days after the date of the enactment of this Act, 

20 the head of each executive agency making any pur21 chase under subsection (d) in an amount in excess 

22 of $50,000 shall submit to the appropriate Congres23 sional committees a report on each such purchase 

24 made by such agency, including— 
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1 (A) a description of the property or serv2 ices so purchased; 

3 (B) a statement of the purpose of such 

4 purchase; 

5 (C) a statement of the amount of such 

6 purchase; 

7 (D) a statement of the name, title, and pay 

8 grade of the officer or employee of such agency 

9 making such purchase; and 

10 (E) whether such purchases were made 

11 with small business concerns. 

12 (4) APPROPRIATE CONGRESSIONAL COMMIT13 TEES DEFINED.—In this subsection, the term ‘‘ap14 propriate Congressional committees’’ means— 

15 (A) the Committees on Appropriations, 

16 Small Business and Entrepreneurship, Finance, 

17 and Homeland Security and Governmental Af18 fairs of the Senate; and 

19 (B) the Committees on Appropriations, 

20 Small Business, and Government Reform of the 

21 House of Representatives. 

Æ