(i) the number of Katrina Survivors 
who are determined to be DRM-eligible 
Katrina Survivors; and 
(ii) the number of DRM-eligible 
Katrina Survivors who are determined to 
be eligible for, and enrolled in, the State 
medicaid plan. 
(4) SECRETARIAL OVERSIGHT.—The Secretary 
of Health and Human Services shall ensure that a 
State is complying with the requirements of para-
graphs (1) and (2) and that applications for medical 
assistance under the State medicaid plan from 
DRM-eligible Katrina Survivors for periods begin-
ning after the end of the DRM coverage period are 
processed in a timely and appropriate manner. 
(5) NO PRIVATE RIGHT OF ACTION AGAINST A 
STATE FOR FAILURE TO PROVIDE NOTICE.—No pri-
vate right of action shall be brought against a State 
for failure to provide the notices required under 
paragraph (1) or subsection (c)(1) so long as the 
State makes a good faith effort to provide such no-
tices. 
(f) 90 PERCENT FEDERAL MATCHING PAYMENTS.— 
(1) IN
GENERAL.—Notwithstanding section 
1905(b) of the Social Security Act (42 U.S.C.
1396d(b), the Federal medical assistance percentage 
or the Federal matching rate otherwise applied 
under section 1903(a) of such Act (42 U.S.C. 
1396b(a)) shall be 90 percent for— 
(A) providing DRM assistance to DRM-eli-
gible Katrina Survivors during the DRM cov-
erage period in accordance with this section; 
(B) costs directly attributable to adminis-
trative activities related to the provision of such 
DRM assistance, including costs attributable to 
obtaining recoveries under subsection (h); 
(C) costs directly attributable to providing 
application assistance in accordance with sub-
section (e)(2); and 
(D) DRM assistance provided in accord-
ance with subparagraph (B) or (C) of sub-
section (c)(2) after the end of the DRM cov-
erage period. 
(2) DISREGARD OF PAYMENTS.—Payments pro-
vided to a State in accordance with this subsection 
shall be disregarded for purposes of applying sub-
sections (f) and (g) of section 1108 of the Social Se-
curity Act (42 U.S.C. 1308). 
(g) VERIFICATION OF STATUS AS A KATRINA SUR-
VIVOR.—
(1) IN GENERAL.—The State shall make a good 
faith effort to verify the status of an individual who 
is enrolled in the State Medicaid plan as a DRM-eli-
gible Katrina Survivor under the provisions of this 
section. Such effort shall not delay the determina-
tion of the eligibility of the Survivor for DRM assist-
ance under this section. 
(2) EVIDENCE OF VERIFICATION.—A State may 
satisfy the verification requirement under subpara-
graph (A) with respect to an individual by showing 
that the State providing DRM assistance obtained 
information from the Social Security Administration, 
the Internal Revenue Service, or the State Medicaid 
Agency for the State from which individual is from 
(if the individual was not a resident of such State 
on any day during the week preceding August 28, 
2005). 
(h) PENALTY FOR FRAUDULENT APPLICATIONS.— 
(1) INDIVIDUAL
LIABLE
FOR
COSTS.—If a 
State, as the result of verification activities con-
ducted under subsection (g) or otherwise, determines 
after a fair hearing that an individual has knowingly 
made a false self-attestation described in subsection 
(c)(1)(B), the State may, subject to paragraph (2), 
seek recovery from the individual for the full amount
of the cost of DRM assistance provided to the indi-
vidual under this section. 
(2) EXCEPTION.—The Secretary shall exempt a 
State from seeking recovery under paragraph (1) if 
the Secretary determines that it would not be cost- 
effective for the State to do so. 
(3) REIMBURSEMENT TO THE FEDERAL GOV-
ERNMENT.—Any amounts recovered by a State in 
accordance with this subsection shall be returned to 
the Federal government. 
(i) EXEMPTION FROM ERROR RATE PENALTIES.— 
All payments attributable to providing DRM assistance in 
accordance with this section shall be disregarded for pur-
poses of section 1903(u) of the Social Security Act (42 
U.S.C. 1396b(u)). 
(j) PROVIDER PAYMENT RATES.—In the case of any 
DRM assistance provided in accordance with this section 
to a DRM-eligible Katrina Survivor that is covered under 
the State medicaid plan (as applied without regard to this 
section) the State shall pay a provider of such assistance 
the same payment rate as the State would otherwise pay 
for the assistance if the assistance were provided under 
the State medicaid plan (or, if no such payment rate ap-
plies under the State medicaid plan, the usual and cus-
tomary prevailing rate for the item or service for the com-
munity in which it is provided). 
(k) APPLICATION TO INDIVIDUALS ELIGIBLE FOR 
MEDICAL ASSISTANCE.—Nothing in this section shall be 
construed as affecting any rights accorded to an individual 
who is a recipient of medical assistance under a State 
medicaid plan who is determined to be a DRM-eligible 
Katrina Survivor but the provision of DRM assistance to 
such individual shall be limited to the provision of such 
assistance in accordance with this section. 
SEC. 103. TARGETED MEDICAID RELIEF FOR DIRECT IM-
PACT PARISHES AND COUNTIES. 
(a) 90 PERCENT FEDERAL MATCHING PAYMENTS 
FOR MEDICAL ASSISTANCE PROVIDED IN DIRECT IMPACT 
PARISH OR COUNTY.— 
(1) IN
GENERAL.—Notwithstanding section 
1905(b) of the Social Security Act (42 U.S.C. 
1396d(b)), for items and services furnished during 
the period that begins on August 28, 2005, and ends 
on December 31, 2006, the Federal medical assist-
ance percentage for providing medical assistance 
under a State medicaid plan under title XIX of the 
Social Security Act to any individual, including a 
Katrina Survivor, residing in a parish of the State 
of Louisiana described in subsection (b), or a county
of the State of Mississippi or Alabama described in 
that subsection, shall be 90 percent. 
(2) APPLICATION TO ENHANCED FMAP.—The 
90 percent Federal medical assistance percentage 
applicable under subsection (a) shall also apply for 
purposes of determining the enhanced FMAP (as de-
fined in section 2105(b) of the Social Security Act 
(42 U.S.C. 1397ee(b)) for child health assistance 
provided under a State child health plan under title 
XXI of such Act in such a parish or county during 
the period described in such subsection. 
(b) PARISH OR COUNTY DESCRIBED.—For purposes 
of subsection (a), a parish or county described in this sub-
section is a parish or county for which a major disaster 
has been declared in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170) as a result of Hurricane 
Katrina and which the President has determined, as of 
September 14, 2005, warrant individual or public assist-
ance from the Federal Government under such Act.