H. R. 3963—93 
‘‘(c) PUBLICATION OF PROVISIONS AFFECTED.—With respect to 
a State plan amendment to provide benchmark benefits in accord-
ance with subsections (a) and (b) that is approved by the Secretary, 
the Secretary shall publish on the Internet website of the Centers 
for Medicare & Medicaid Services, a list of the provisions of this 
title that the Secretary has determined do not apply in order 
to enable the State to carry out the plan amendment and the 
reason for each such determination on the date such approval 
is made, and shall publish such list in the Federal Register and 
not later than 30 days after such date of approval.’’. 
(d) EFFECTIVE DATE.—The amendments made by subsections 
(a), (b), and (c) of this section shall take effect as if included 
in the amendment made by section 6044(a) of the Deficit Reduction 
Act of 2005. 
SEC. 612. REFERENCES TO TITLE XXI. 
Section 704 of the Medicare, Medicaid, and SCHIP Balanced 
Budget Refinement Act of 1999, as enacted into law by division 
B of Public Law 106–113 (113 Stat. 1501A–402) is repealed. 
SEC. 613. PROHIBITING INITIATION OF NEW HEALTH OPPORTUNITY 
ACCOUNT DEMONSTRATION PROGRAMS. 
After the date of the enactment of this Act, the Secretary 
of Health and Human Services may not approve any new dem-
onstration programs under section 1938 of the Social Security Act 
(42 U.S.C. 1396u–8). 
SEC. 614. COUNTY MEDICAID HEALTH INSURING ORGANIZATIONS; GAO 
REPORT ON MEDICAID MANAGED CARE PAYMENT RATES. 
(a) IN GENERAL.—Section 9517(c)(3) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (42 U.S.C. 1396b note), 
as added by section 4734 of the Omnibus Budget Reconciliation 
Act of 1990 and as amended by section 704 of the Medicare, Med-
icaid, and SCHIP Benefits Improvement and Protection Act of 2000, 
is amended— 
(1) in subparagraph (A), by inserting ‘‘, in the case of 
any health insuring organization described in such subpara-
graph that is operated by a public entity established by Ventura 
County, and in the case of any health insuring organization 
described in such subparagraph that is operated by a public 
entity established by Merced County’’ after ‘‘described in 
subparagraph (B)’’; and 
(2) in subparagraph (C), by striking ‘‘14 percent’’ and 
inserting ‘‘16 percent’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act. 
(c) GAO REPORT ON ACTUARIAL SOUNDNESS OF MEDICAID MAN-
AGED CARE PAYMENT RATES.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to the Committee on 
Finance of the Senate and the Committee on Energy and Commerce 
of the House of Representatives analyzing the extent to which 
State payment rates for medicaid managed care organizations under 
title XIX of the Social Security Act are actuarially sound.
H. R. 3963—94 
SEC. 615. ADJUSTMENT IN COMPUTATION OF MEDICAID FMAP TO DIS-
REGARD AN EXTRAORDINARY EMPLOYER PENSION CON-
TRIBUTION. 
(a) IN GENERAL.—Only for purposes of computing the FMAP 
(as defined in subsection (e)) for a State for a fiscal year (beginning 
with fiscal year 2006) and applying the FMAP under title XIX 
of the Social Security Act, any significantly disproportionate 
employer pension or insurance fund contribution described in sub-
section (b) shall be disregarded in computing the per capita income 
of such State, but shall not be disregarded in computing the per 
capita income for the continental United States (and Alaska) and 
Hawaii. 
(b) SIGNIFICANTLY DISPROPORTIONATE EMPLOYER PENSION AND 
INSURANCE FUND CONTRIBUTION.— 
(1) IN GENERAL.—For purposes of this section, a signifi-
cantly disproportionate employer pension and insurance fund 
contribution described in this subsection with respect to a State 
is any identifiable employer contribution towards pension or 
other employee insurance funds that is estimated to accrue 
to residents of such State for a calendar year (beginning with 
calendar year 2003) if the increase in the amount so estimated 
exceeds 25 percent of the total increase in personal income 
in that State for the year involved. 
(2) DATA
TO
BE
USED.—For estimating and adjustment 
a FMAP already calculated as of the date of the enactment 
of this Act for a State with a significantly disproportionate 
employer pension and insurance fund contribution, the Sec-
retary shall use the personal income data set originally used 
in calculating such FMAP. 
(3) SPECIAL ADJUSTMENT FOR NEGATIVE GROWTH.—If in any 
calendar year the total personal income growth in a State 
is negative, an employer pension and insurance fund contribu-
tion for the purposes of calculating the State’s FMAP for a 
calendar year shall not exceed 125 percent of the amount 
of such contribution for the previous calendar year for the 
State. 
(c) HOLD HARMLESS.—No State shall have its FMAP for a 
fiscal year reduced as a result of the application of this section. 
(d) REPORT.—Not later than May 15, 2008, the Secretary shall 
submit to the Congress a report on the problems presented by 
the current treatment of pension and insurance fund contributions 
in the use of Bureau of Economic Affairs calculations for the FMAP 
and for Medicaid and on possible alternative methodologies to miti-
gate such problems. 
(e) FMAP DEFINED.—For purposes of this section, the term 
‘‘FMAP’’ means the Federal medical assistance percentage, as 
defined in section 1905(b) of the Social Security Act (42 U.S.C. 
1396(d)). 
SEC. 616. MORATORIUM ON CERTAIN PAYMENT RESTRICTIONS. 
Notwithstanding any other provision of law, the Secretary of 
Health and Human Services shall not, prior to January 1, 2010, 
take any action (through promulgation of regulation, issuance of 
regulatory guidance, use of federal payment audit procedures, or 
other administrative action, policy, or practice, including a Medical 
Assistance Manual transmittal or letter to State Medicaid directors) 
to restrict coverage or payment under title XIX of the Social Security
H. R. 3963—95 
Act for rehabilitation services, or school-based administration, 
transportation, or medical services if such restrictions are more 
restrictive in any aspect than those applied to such coverage or 
payment as of July 1, 2007. 
SEC. 617. MEDICAID DSH ALLOTMENTS FOR TENNESSEE AND HAWAII. 
(a) TENNESSEE.—The DSH allotments for Tennessee for each 
fiscal year beginning with fiscal year 2008 under subsection (f)(3) 
of section 1923 of the Social Security Act (42 U.S.C. 1396r–4) 
are deemed to be $30,000,000. The Secretary of Health and Human 
Services may impose a limitation on the total amount of payments 
made to hospitals under the TennCare Section 1115 waiver only 
to the extent that such limitation is necessary to ensure that 
a hospital does not receive payment in excess of the amounts 
described in subsection (f) of such section or as necessary to ensure 
that the waiver remains budget neutral. 
(b) HAWAII.—Section 1923(f)(6) (42 U.S.C. 1396r–4(f)(6)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘FOR FISCAL YEAR 
2007’’; and 
(2) in subparagraph (B)— 
(A) in clause (i), by striking ‘‘Only with respect to 
fiscal year 2007’’ and inserting ‘‘With respect to each of 
fiscal years 2007 and 2008’’; 
(B) by redesignating clause (ii) as clause (iv); and 
(C) by inserting after clause (i), the following new 
clauses: 
‘‘(ii) TREATMENT
AS
A
LOW-DSH
STATE.—With 
respect to fiscal year 2009 and each fiscal year there-
after, notwithstanding the table set forth in paragraph 
(2), the DSH allotment for Hawaii shall be increased 
in the same manner as allotments for low DSH States 
are increased for such fiscal year under clauses (ii) 
and (iii) of paragraph (5)(B). 
‘‘(iii) CERTAIN HOSPITAL PAYMENTS.—The Secretary 
may not impose a limitation on the total amount of 
payments made to hospitals under the QUEST section 
1115 Demonstration Project except to the extent that 
such limitation is necessary to ensure that a hospital 
does not receive payments in excess of the amounts 
described in subsection (g), or as necessary to ensure 
that such payments under the waiver and such pay-
ments pursuant to the allotment provided in this sec-
tion do not, in the aggregate in any year, exceed the 
amount that the Secretary determines is equal to the 
Federal medical assistance percentage component 
attributable to disproportionate share hospital pay-
ment adjustments for such year that is reflected in 
the budget neutrality provision of the QUEST Dem-
onstration Project.’’. 
SEC. 618. CLARIFICATION TREATMENT OF REGIONAL MEDICAL 
CENTER. 
(a) IN GENERAL.—Nothing in section 1903(w) of the Social 
Security Act (42 U.S.C. 1396b(w)) shall be construed by the Sec-
retary of Health and Human Services as prohibiting a State’s use 
of funds as the non-Federal share of expenditures under title XIX 
of such Act where such funds are transferred from or certified
H. R. 3963—96 
by a publicly-owned regional medical center located in another 
State and described in subsection (b), so long as the Secretary 
determines that such use of funds is proper and in the interest 
of the program under title XIX. 
(b) CENTER DESCRIBED.—A center described in this subsection 
is a publicly-owned regional medical center that— 
(1) provides level 1 trauma and burn care services; 
(2) provides level 3 neonatal care services; 
(3) is obligated to serve all patients, regardless of ability 
to pay; 
(4) is located within a Standard Metropolitan Statistical 
Area (SMSA) that includes at least 3 States; 
(5) provides services as a tertiary care provider for patients 
residing within a 125-mile radius; and 
(6) meets the criteria for a disproportionate share hospital 
under section 1923 of such Act (42 U.S.C. 1396r–4) in at least 
one State other than the State in which the center is located. 
SEC. 619. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION 
PROJECT TO THE MEDICAID PROGRAM. 
(a) IN GENERAL.—Beginning on October 1, 2012, the Secretary 
of Health and Human Services shall provide for the application 
to asset eligibility determinations under the Medicaid program 
under title XIX of the Social Security Act of the automated, secure, 
web-based asset verification request and response process being 
applied for determining eligibility for benefits under the Supple-
mental Security Income (SSI) program under title XVI of such 
Act under a demonstration project conducted under the authority 
of section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)). 
(b) LIMITATION.—Such application shall only extend to those 
States in which such demonstration project is operating and only 
for the period in which such project is otherwise provided. 
(c) RULES OF APPLICATION.—For purposes of carrying out sub-
section (a), notwithstanding any other provision of law, information 
obtained from a financial institution that is used for purposes 
of eligibility determinations under such demonstration project with 
respect to the Secretary of Health and Human Services under 
the SSI program may also be shared and used by States for purposes 
of eligibility determinations under the Medicaid program. In 
applying section 1631(e)(1)(B)(ii) of the Social Security Act under 
this subsection, references to the Commissioner of Social Security 
and benefits under title XVI of such Act shall be treated as including 
a reference to a State described in subsection (b) and medical 
assistance under title XIX of such Act provided by such a State. 
Subtitle C—Other Provisions 
SEC. 621. SUPPORT FOR INJURED SERVICEMEMBERS. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Support 
for Injured Servicemembers Act’’. 
(b) SERVICEMEMBER FAMILY LEAVE.— 
(1) DEFINITIONS.—Section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding 
at the end the following: 
‘‘(14) ACTIVE DUTY.—The term ‘active duty’ means duty 
under a call or order to active duty under a provision of law