111TH CONGRESS 

2D SESSION H. R. 5712 

AN ACT 

To provide for certain clarifications and extensions under 

Medicare, Medicaid, and the Children’s Health Insurance 

Program. 

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

2 This Act may be cited as the ‘‘Veterans’, Seniors’, 

3 and Children’s Health Technical Corrections Act of 

4 2010’’. 

5 SEC. 2. CLARIFICATION OF EFFECTIVE DATE OF PART B 

6 SPECIAL ENROLLMENT PERIOD FOR DIS7 ABLED TRICARE BENEFICIARIES. 

8 Effective as if included in the enactment of Public 

9 Law 111–148, section 3110(a)(2) of such Act is amended 

10 to read as follows: 

11 ‘‘(2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall apply to elections made on 

13 and after the date of the enactment of this Act.’’. 

14 SEC. 3. REPEAL OF DELAY OF RUG–IV. 

15 Effective as if included in the enactment of Public 

16 Law 111–148, section 10325 of such Act is repealed. 

17 SEC. 4. CLARIFICATION FOR AFFILIATED HOSPITALS FOR 

18 DISTRIBUTION OF ADDITIONAL RESIDENCY 

19 POSITIONS. 

20 Effective as if included in the enactment of section 

21 5503(a) of Public Law 111–148, section 1886(h)(8) of the 

22 Social Security Act (42 U.S.C. 1395ww(h)(8)), as added 

23 by such section 5503(a), is amended by adding at the end 

24 the following new subparagraph: 

25 ‘‘(I) AFFILIATION.—The provisions of this 

26 paragraph shall be applied to hospitals which 
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1 are members of the same affiliated group (as 

2 defined by the Secretary under paragraph 

3 (4)(H)(ii)) and the reference resident level for 

4 each such hospital shall be the reference resi5 dent level with respect to the cost reporting pe6 riod that results in the smallest difference be7 tween the reference resident level and the other8 wise applicable resident limit.’’. 

9 SEC. 5. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEF10 INITION OF COVERED OUTPATIENT DRUGS 

11 WITH RESPECT TO CHILDREN’S HOSPITALS 

12 UNDER THE 340B DRUG DISCOUNT PROGRAM. 

13 (a) DEFINITION OF COVERED OUTPATIENT DRUG.— 

14 (1) AMENDMENT.—Subsection (e) of section 

15 340B of the Public Health Service Act (42 U.S.C. 

16 256b) is amended by striking ‘‘covered entities de17 scribed in subparagraph (M)’’ and inserting ‘‘cov18 ered entities described in subparagraph (M) (other 

19 than a children’s hospital described in subparagraph 

20 (M))’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect as if included in 

23 the enactment of section 2302 of the Health Care 

24 and Education Reconciliation Act of 2010 (Public 

25 Law 111–152). 
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1 (b) TECHNICAL AMENDMENT.—Subparagraph (B) of 

2 section 1927(a)(5) of the Social Security Act (42 U.S.C. 

3 1396r–8(a)(5)) is amended by striking ‘‘and a children’s 

4 hospital’’ and all that follows through the end of the sub5 paragraph and inserting a period. 

6 SEC. 6. MEDICAID AND CHIP TECHNICAL CORRECTIONS. 

7 (a) REPEAL OF EXCLUSION OF CERTAIN INDIVID8 UALS AND ENTITIES FROM MEDICAID.—Section 6502 of 

9 Public Law 111–148 is repealed and the provisions of law 

10 amended by such section are restored as if such section 

11 had never been enacted. Nothing in the previous sentence 

12 shall affect the execution or placement of the insertion 

13 made by section 6503 of such Act. 

14 (b) INCOME LEVEL FOR CERTAIN CHILDREN UNDER

15 MEDICAID.—Effective as if included in the enactment of 

16 Public Law 111–148, section 2001(a)(5)(B) of such Act 

17 is amended by striking all that follows ‘‘is amended’’ and 

18 inserting the following: ‘‘by inserting after ‘100 percent’ 

19 the following: ‘(or, beginning January 1, 2014, 133 per20 cent)’.’’. 

21 (c) CALCULATION AND PUBLICATION OF PAYMENT

22 ERROR RATE MEASUREMENT FOR CERTAIN YEARS.— 

23 Section 601(b) of the Children’s Health Insurance Pro24 gram Reauthorization Act of 2009 (Public Law 111–3) 

25 is amended by adding at the end the following: ‘‘The Sec-
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1 retary is not required under this subsection to calculate 

2 or publish a national or a State-specific error rate for fis3 cal year 2009 or fiscal year 2010.’’. 

4 (d) CORRECTIONS TO EXCEPTIONS TO EXCLUSION

5 OF CHILDREN OF CERTAIN EMPLOYEES.—Section 

6 2110(b)(6) of the Social Security Act (42 U.S.C. 

7 1397jj(b)(6)) is amended— 

8 (1) in subparagraph (B)— 

9 (A) by striking ‘‘PER PERSON’’ in the 

10 heading; and 

11 (B) by striking ‘‘each employee’’ and in12 serting ‘‘employees’’; and 

13 (2) in subparagraph (C), by striking ‘‘, on a 

14 case-by-case basis,’’. 

15 (e) ELECTRONIC HEALTH RECORDS.—Effective as if 

16 included in the enactment of section 4201(a)(2) of the 

17 American Recovery and Reinvestment Act of 2009 (Public 

18 Law 111–5), section 1903(t) of the Social Security Act 

19 (42 U.S.C. 1396b(t)) is amended— 

20 (1) in paragraph (3)(E), by striking ‘‘reduced 

21 by any payment that is made to such Medicaid pro22 vider from any other source (other than under this 

23 subsection or by a State or local government)’’ and 

24 inserting ‘‘reduced by the average payment the Sec25 retary estimates will be made to such Medicaid pro-
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1 viders (determined on a percentage or other basis 

2 for such classes or types of providers as the Sec3 retary may specify) from other sources (other than 

4 under this subsection, or by the Federal government 

5 or a State or local government)’’; and 

6 (2) in paragraph (6)(B), by inserting before the 

7 period the following: ‘‘and shall be determined to 

8 have met such responsibility to the extent that the 

9 payment to the Medicaid provider is not in excess of 

10 85 percent of the net average allowable cost’’. 

11 (f) CORRECTIONS OF DESIGNATIONS.— 

12 (1) Section 1902 of the Social Security Act (42 

13 U.S.C. 1396a) is amended— 

14 (A) in subsection (a)(10), in the matter 

15 following subparagraph (G), by striking ‘‘and’’ 

16 before ‘‘(XVI) the medical’’ and by striking 

17 ‘‘(XVI) if’’ and inserting ‘‘(XVII) if’’; and 

18 (B) in subsection (ii)(2), by striking 

19 ‘‘(XV)’’ and inserting ‘‘(XVI)’’. 

20 (2) Section 2107(e)(1) of the Social Security 

21 Act (42 U.S.C. 1397gg(e)(1)) is amended by redes22 ignating the subparagraph (N) of that section added 

23 by 2101(e) of Public Law 111–148 as subparagraph 

24 (O). 
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1 SEC. 7. FUNDING FOR CLAIMS REPROCESSING. 

2 For purposes of carrying out the provisions of, and 

3 amendments made by, this Act that relate to title XVIII 

4 of the Social Security Act, and other provisions relating 

5 to such title that involve reprocessing of claims, there are 

6 appropriated to the Secretary of Health and Human Serv7 ices for the Centers for Medicare & Medicaid Services Pro8 gram Management Account, from amounts in the general 

9 fund of the Treasury not otherwise appropriated, 

10 $95,000,000. Amounts appropriated under the preceding 

11 sentence shall remain available until expended. 

12 SEC. 8. EXTENSION OF SECTION 508 RECLASSIFICATIONS. 

13 (a) IN GENERAL.—Section 106(a) of division B of 

14 the Tax Relief and Health Care Act of 2006 (42 U.S.C. 

15 1395 note), as amended by section 117 of the Medicare, 

16 Medicaid, and SCHIP Extension Act of 2007 (Public Law 

17 110–173), section 124 of the Medicare Improvements for 

18 Patients and Providers Act of 2008 (Public Law 110– 

19 275), and sections 3137(a) and 10317 of Public Law 111– 

20 148, is amended by striking ‘‘September 30, 2010’’ and 

21 inserting ‘‘September 30, 2011’’. 

22 (b) CONFORMING AMENDMENT.—Section 117(a)(3) 

23 of the Medicare, Medicaid, and SCHIP Extension Act of 

24 2007 (Public Law 110–173), is amended by inserting ‘‘in 

25 fiscal years 2008 and 2009’’ after ‘‘For purposes of imple26 mentation of this subsection’’. 
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1 SEC. 9. REVISION TO THE MEDICARE IMPROVEMENT FUND. 

2 Section 1898(b)(1) of the Social Security Act (42 

3 U.S.C. 1395iii(b)(1)) is amended by striking subpara4 graphs (A) and (B) and inserting the following subpara5 graphs: 

6 ‘‘(A) fiscal year 2015, $0; 

7 ‘‘(B) fiscal year 2016, $125,000,000; 

8 and’’. 

9 SEC. 10. PAYGO COMPLIANCE. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go Act of 2010, 

12 shall be determined by reference to the latest statement 

13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the House Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 

Passed the House of Representatives July 14, 2010. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H. R. 5712 

AN ACT 

To provide for certain clarifications and extensions 

Health Insurance Program. under Medicare, Medicaid, and the Children’s