I 

113TH CONGRESS 

1ST SESSION H. R. 1404 

To amend title XIX of the Social Security Act to eliminate the increased 

Federal medical assistance percentage under the State plan with respect 

to newly eligible mandatory individuals under Medicaid, to provide States 

with greater flexibility under Medicaid, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2013 

Mr. SALMON (for himself, Mr. LAMALFA, Mr. SCHWEIKERT, Mr. FRANKS of 

Arizona, Mrs. BLACK, and Mr. HUNTER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to eliminate 

the increased Federal medical assistance percentage 

under the State plan with respect to newly eligible mandatory individuals under Medicaid, to provide States with 

greater flexibility under Medicaid, 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. 

4 This Act may be cited as the ‘‘Medicaid Expansion 

5 Repeal and State Flexibility Act’’. 


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•HR 1404 IH

1 SEC. 2. ELIMINATING INCREASED FMAP UNDER STATE 

2 PLAN WITH RESPECT TO NEWLY ELIGIBLE 

3 MANDATORY INDIVIDUALS AND RELATED EQ4 UITABLE SUPPORT FOR CERTAIN STATES. 

5 (a) IN GENERAL.—Section 1905 of the Social Secu6 rity Act (42 U.S.C. 1396d) is amended by striking sub7 sections (y) and (z). 

8 (b) CONFORMING AMENDMENTS.—Section 1905 of 

9 the Social Security Act (42 U.S.C. 1396d), as amended 

10 by subsection (a), is further amended— 

11 (1) in subsection (b), by striking ‘‘subsections 

12 (y), (z), and (aa)’’ and inserting ‘‘subsection (aa)’’; 

13 (2) in subsection (aa), by striking ‘‘, sub14 sections (y) and (z),’’ each place it appears; and 

15 (3) in the first sentence of subsection (cc)— 

16 (A) by striking ‘‘subsections (y), (z), and 

17 (aa)’’ and inserting ‘‘subsection (aa)’’; and 

18 (B) by striking ‘‘such subsections’’ and in19 serting ‘‘such subsection’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to payments to States 

22 for items and services furnished on or after the first day 

23 of the first State fiscal year that begins after the date 

24 of the enactment of this Act. 


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•HR 1404 IH

1 SEC. 3. PROVIDING GREATER FLEXIBILITY TO STATES BY 

2 ELIMINATING CERTAIN REQUIREMENTS IM3 POSED BY PATIENT PROTECTION AND AF4 FORDABLE CARE ACT. 

5 (a) REPEAL OF MAINTENANCE OF EFFORT RE6 QUIREMENT.—Section 1902 of the Social Security Act (42 

7 U.S.C. 1396a) is amended by striking subsection (gg). 

8 (b) REPEAL OF MINIMUM ESSENTIAL COVERAGE RE9 QUIREMENT FOR MEDICAID BENCHMARK BENEFITS.— 

10 Section 1937(b) of the Social Security Act (42 U.S.C. 

11 1396u–7(b)) is amended by striking paragraph (5). 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) STATE PLAN REQUIREMENTS.—Section 

14 1902(a) of the Social Security Act (42 U.S.C. 

15 1396a(a)) is amended by striking paragraph (74). 

16 (2) MODIFIED ADJUSTED GROSS INCOME.— 

17 Paragraph (14)(A) (related to modified adjusted 

18 gross income) of section 1902(e) of the Social Secu19 rity Act (42 U.S.C. 1396a(e)), as added by section 

20 2002(a) of the Patient Protection and Affordable 

21 Care Act (Public Law 111–148), is amended by 

22 striking the third sentence. 

23 (3) BENCHMARK BENEFIT PACKAGES.—Section 

24 1937(b) of the Social Security Act (42 U.S.C. 

25 1396u–7(b)) is amended— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by striking ‘‘para3 graphs (5) and (6)’’ and inserting ‘‘paragraph 

4 (6)’’; and 

5 (B) in paragraph (2), in the matter pre6 ceding subparagraph (A), by striking ‘‘para7 graphs (5) and (6)’’ and inserting ‘‘paragraph 

8 (6)’’. 

Æ 


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