I 

111TH CONGRESS 

2D SESSION H. R. 5712 

To provide for certain clarifications and extensions under Medicare, Medicaid, 

and the Children’s Health Insurance Program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2010 

Mr. LEVIN (for himself, Mr. WAXMAN, Mr. DINGELL, Mr. STARK, and Mr. 

PALLONE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

the Budget and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Children’s Health Technical Corrections Act of 

6 2010’’. 


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

2 SPECIAL ENROLLMENT PERIOD FOR DIS3 ABLED TRICARE BENEFICIARIES. 

4 Effective as if included in the enactment of Public 

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

6 to read as follows: 

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

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

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

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

11 Effective as if included in the enactment of Public 

12 Law 111–148, section 10325 of such Act is repealed. 

13 SEC. 4. CLARIFICATION FOR AFFILIATED HOSPITALS FOR 

14 DISTRIBUTION OF ADDITIONAL RESIDENCY 

15 POSITIONS. 

16 Effective as if included in the enactment of section 

17 5503(a) of Public Law 111–148, section 1886(h)(8) of the 

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

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

20 the following new subparagraph: 

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

22 paragraph shall be applied to hospitals which 

23 are members of the same affiliated group (as 

24 defined by the Secretary under paragraph 

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

26 each such hospital shall be the reference resiVerDate Mar 15 2010 01:35 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5712.IH H5712

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1 dent level with respect to the cost reporting pe2 riod that results in the smallest difference be3 tween the reference resident level and the other4 wise applicable resident limit.’’. 

5 SEC. 5. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEF6 INITION OF COVERED OUTPATIENT DRUGS 

7 WITH RESPECT TO CHILDREN’S HOSPITALS 

8 UNDER THE 340B DRUG DISCOUNT PROGRAM. 

9 (a) DEFINITION OF COVERED OUTPATIENT DRUG.— 

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

11 340B of the Public Health Service Act (42 U.S.C. 

12 256b) is amended by striking ‘‘covered entities de13 scribed in subparagraph (M)’’ and inserting ‘‘cov14 ered entities described in subparagraph (M) (other 

15 than a children’s hospital described in subparagraph 

16 (M))’’. 

17 (2) EFFECTIVE DATE.—The amendment made 

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

19 the enactment of section 2302 of the Health Care 

20 and Education Reconciliation Act of 2010 (Public 

21 Law 111–152). 

22 (b) TECHNICAL AMENDMENT.—Subparagraph (B) of 

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

24 1396r–8(a)(5)) is amended by striking ‘‘and a children’s 


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1 hospital’’ and all that follows through the end of the sub2 paragraph and inserting a period. 

3 SEC. 6. MEDICAID AND CHIP TECHNICAL CORRECTIONS. 

4 (a) REPEAL OF EXCLUSION OF CERTAIN INDIVID5 UALS AND ENTITIES FROM MEDICAID.—Section 6502 of 

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

7 amended by such section are restored as if such section 

8 had never been enacted. Nothing in the previous sentence 

9 shall affect the execution or placement of the insertion 

10 made by section 6503 of such Act. 

11 (b) INCOME LEVEL FOR CERTAIN CHILDREN UNDER

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

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

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

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

16 the following: ‘(or, beginning January 1, 2014, 133 per17 cent)’.’’. 

18 (c) CALCULATION AND PUBLICATION OF PAYMENT

19 ERROR RATE MEASUREMENT FOR CERTAIN YEARS.— 

20 Section 601(b) of the Children’s Health Insurance Pro21 gram Reauthorization Act of 2009 (Public Law 111–3) 

22 is amended by adding at the end the following: ‘‘The Sec23 retary is not required under this subsection to calculate 

24 or publish a national or a State-specific error rate for fis25 cal year 2009 or fiscal year 2010.’’. 


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1 (d) CORRECTIONS TO EXCEPTIONS TO EXCLUSION

2 OF CHILDREN OF CERTAIN EMPLOYEES.—Section 

3 2110(b)(6) of the Social Security Act (42 U.S.C. 

4 1397jj(b)(6)) is amended— 

5 (1) in subparagraph (B)— 

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

7 heading; and 

8 (B) by striking ‘‘each employee’’ and in9 serting ‘‘employees’’; and 

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

11 case-by-case basis,’’. 

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

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

14 American Recovery and Reinvestment Act of 2009 (Public 

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

16 (42 U.S.C. 1396b(t)) is amended— 

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

18 by any payment that is made to such Medicaid pro19 vider from any other source (other than under this 

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

21 inserting ‘‘reduced by the average payment the Sec22 retary estimates will be made to such Medicaid pro23 viders (determined on a percentage or other basis 

24 for such classes or types of providers as the Sec25 retary may specify) from other sources (other than 


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1 under this subsection, or by the Federal government 

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

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

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

5 have met such responsibility to the extent that the 

6 payment to the Medicaid provider is not in excess of 

7 85 percent of the net average allowable cost’’. 

8 (f) CORRECTIONS OF DESIGNATIONS.— 

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

10 U.S.C. 1396a) is amended— 

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

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

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

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

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

16 ‘‘(XV)’’ and inserting ‘‘(XVI)’’. 

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

18 Act (42 U.S.C. 1397gg(e)(1)) is amended by redes19 ignating the subparagraph (N) of that section added 

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

21 (O). 

22 SEC. 7. FUNDING FOR CLAIMS REPROCESSING. 

23 For purposes of carrying out the provisions of, and 

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

25 of the Social Security Act, and other provisions relating 


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

2 appropriated to the Secretary of Health and Human Serv3 ices for the Centers for Medicare & Medicaid Services Pro4 gram Management Account, from amounts in the general 

5 fund of the Treasury not otherwise appropriated, 

6 $95,000,000. Amounts appropriated under the preceding 

7 sentence shall remain available until expended. 

8 SEC. 8. EXTENSION OF SECTION 508 RECLASSIFICATIONS. 

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

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

11 1395 note), as amended by section 117 of the Medicare, 

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

13 110–173), section 124 of the Medicare Improvements for 

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

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

16 148, is amended by striking ‘‘September 30, 2010’’ and 

17 inserting ‘‘September 30, 2011’’. 

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

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

20 2007 (Public Law 110–173), is amended by inserting ‘‘in 

21 fiscal years 2008 and 2009’’ after ‘‘For purposes of imple22 mentation of this subsection’’. 

23 SEC. 9. REVISION TO THE MEDICARE IMPROVEMENT FUND. 

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

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1 graphs (A) and (B) and inserting the following subpara2 graphs: 

3 ‘‘(A) fiscal year 2015, $0; 

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

5 and’’. 

6 SEC. 10. PAYGO COMPLIANCE. 

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

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

9 shall be determined by reference to the latest statement 

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

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the House Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Æ 


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