I 
111TH CONGRESS 
1ST SESSION H. R. 2849 
To require the Secretary of Health and Human Services to enter into agree-
ments with States to resolve outstanding claims for reimbursement under 
the Medicare Program relating to the Special Disability Workload project. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2009 
Ms. SCHWARTZ introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To require the Secretary of Health and Human Services 
to enter into agreements with States to resolve out-
standing claims for reimbursement under the Medicare 
Program relating to the Special Disability Workload 
project. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Special Disability 
Workload Liability Resolution Act of 2009’’. 
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SEC. 2. PAYMENT OF MEDICARE LIABILITY TO STATES AS A 
RESULT OF THE SPECIAL DISABILITY WORK-
LOAD PROJECT. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Commissioner, shall work with each State to 
reach an agreement, not later than 6 months after the 
date of enactment of this Act, on the amount of a payment 
for the State related to the Medicare program liability as 
a result of the Special Disability Workload project, subject 
to the requirements of subsection (c). 
(b) PAYMENTS.— 
(1) DEADLINE FOR MAKING PAYMENTS.—Not 
later than 30 days after reaching an agreement with 
a State under subsection (a), the Secretary shall pay 
the State, from the amounts appropriated under 
paragraph (2), the payment agreed to for the State. 
(2) APPROPRIATION.—Out of any money in the 
Treasury not otherwise appropriated, there is appro-
priated $4,000,000,000 for fiscal year 2010 for 
making payments to States under paragraph (1). 
(3) LIMITATIONS.—In no case may the aggre-
gate amount of payments made by the Secretary to 
States under paragraph (1) exceed $4,000,000,000. 
(c) REQUIREMENTS.—The requirements of this sub-
section are the following: 
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(1) FEDERAL
DATA
USED
TO
DETERMINE 
AMOUNT OF PAYMENTS.—The amount of the pay-
ment under subsection (a) for each State is deter-
mined on the basis of the most recent Federal data 
available, including the use of proxies and reasonable 
estimates as necessary, for determining expeditiously 
the amount of the payment that shall be made to 
each State that enters into an agreement under this 
section. The payment methodology shall consider the 
following factors: 
(A) The number of SDW cases found to 
have been eligible for benefits under the Medi-
care program and the month of the initial 
Medicare program eligibility for such cases. 
(B) The applicable non-Federal share of 
expenditures made by a State under the Med-
icaid program during the time period for SDW 
cases. 
(C) Such other factors as the Secretary 
and the Commissioner, in consultation with the 
States, determine appropriate. 
(2) CONDITIONS
FOR
PAYMENTS.—A State 
shall not receive a payment under this section unless 
the State— 
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(A) waives the right to file a civil action 
(or to be a party to any action) in any Federal 
or State court in which the relief sought in-
cludes a payment from the United States to the 
State related to the Medicare liability under 
title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.) as a result of the Special 
Disability Workload project; and 
(B) releases the United States from any 
further claims for reimbursement of State ex-
penditures as a result of the Special Disability 
Workload project (other than reimbursements 
being made under agreements in effect on the 
date of enactment of this Act as a result of 
such project, including payments made pursu-
ant to agreements entered into under section 
1616 of the Social Security Act or section 
211(1)(1)(A) of Public Law 93–66). 
(3) NO INDIVIDUAL STATE CLAIMS DATA RE-
QUIRED.—No State shall be required to submit indi-
vidual claims evidencing payment under the Med-
icaid program as a condition for receiving a payment 
under this section. 
(4) INELIGIBLE STATES.—No State that is a 
party to a civil action in any Federal or State court 
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in which the relief sought includes a payment from 
the United States to the State related to the Medi-
care liability under title XVIII of the Social Security 
Act (42 U.S.C. 1395 et seq.) as a result of the Spe-
cial Disability Workload project shall be eligible to 
receive a payment under this section while such an 
action is pending or if such an action is resolved in 
favor of the State. 
(d) DEFINITIONS.—In this section: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(2) MEDICAID PROGRAM.—The term ‘‘Medicaid 
program’’ means the program of medical assistance 
established under title XIX of the Social Security 
Act (42 U.S.C. 1396a et seq.) and includes medical 
assistance provided under any waiver of that pro-
gram approved under section 1115 or 1915 of such 
Act (42 U.S.C. 1315, 1396n) or otherwise. 
(3) MEDICARE PROGRAM.—The term ‘‘Medicare 
program’’ means the program established under title 
XVIII of the Social Security Act (42 U.S.C. 1395 et 
seq.). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
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(5) SDW CASE.—The term ‘‘SDW case’’ means 
a case in the Special Disability Workload project in-
volving an individual determined by the Commis-
sioner to have been eligible for benefits under title 
II of the Social Security Act (42 U.S.C. 401 et seq.) 
for a period during which such benefits were not 
provided to the individual and who was, during all 
or part of such period, enrolled in a State Medicaid 
program. 
(6) 
SPECIAL
DISABILITY
WORKLOAD 
PROJECT.—The term ‘‘Special Disability Workload 
project’’ means the project described in the 2008 
Annual Report of the Board of Trustees of the Fed-
eral Old-Age and Survivors Insurance and Federal 
Disability Insurance Trust Funds, H.R. Doc. No. 
110–104, 110th Cong. (2008). 
(7) STATE.—The term ‘‘State’’ means each of 
the 50 States and the District of Columbia. 
Æ 
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