I 
109TH CONGRESS 
1ST SESSION H. R. 3511 
To amend title XIX of the Social Security Act to expand State long-term 
care partnership programs under the Medicaid Program. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. BURGESS (for himself, Mr. PETERSON of Pennsylvania, Mr. POMEROY, 
Mr. JINDAL, and Mrs. JOHNSON of Connecticut) 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 expand 
State long-term care partnership programs under the 
Medicaid Program. 
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 ‘‘Medicaid State Long- 
Term Care Partnership Program Act of 2005’’. 
SEC. 2. EXPANSION OF STATE LONG-TERM CARE PARTNER-
SHIP PROGRAM. 
(a) IN GENERAL.—Section 1917(b) of the Social Se-
curity Act (42 U.S.C. 1396p(b)) is amended—
(1) in paragraph (1)(C)(i), by striking ‘‘shall 
seek adjustment’’ and inserting ‘‘may seek adjust-
ment’’; 
(2) in paragraph (1)(C)(ii), by inserting ‘‘or 
which has a State plan amendment that provides for 
a qualified State long-term care insurance partner-
ship (as defined in clause (iii))’’ after ‘‘1993,’’; 
(3) by adding at the end of paragraph (1)(C) 
the following new clauses: 
‘‘(iii) For purposes of this paragraph, the term 
‘qualified State long-term care insurance partner-
ship’ means a State plan amendment under this title 
that provides for the disregard of any assets or re-
sources in an amount equal to the insurance benefit 
payments that are made under a long-term care in-
surance policy (including a certificate issued under a 
group insurance contract), regardless of whether the 
policy was issued before the effective date of such 
plan amendment, if the following requirements are 
met: 
‘‘(I) The policy covers an insured who, 
when coverage first became effective under the 
policy, was a resident of such State or of an-
other State that had such a partnership in ef-
fect or that had in effect a State plan amend-
ment described in clause (ii) that was approved 
as of May 19, 1993. 
‘‘(II) The policy meets the requirements of 
State law in the State in which it is issued. 
‘‘(III) The policy is a qualified long-term 
care insurance policy (as defined in section 
7702B(b) of the Internal Revenue Code of 
1986). 
‘‘(IV) Such disregard shall not apply if the 
policy was originally issued to the insured when 
the insured resided in another State, unless 
that other State continues to have a qualified 
State long-term care insurance partnership in 
effect. 
‘‘(V) If the policy does not provide some 
level of inflation protection, the insured was of-
fered, before the policy was sold, a long-term 
care insurance policy that provides some level of 
inflation protection. 
‘‘(VI) The State plan amendment provides 
for agent training for the sale of long-term care 
insurance policies under the partnership. 
‘‘(VII) The issuer of the policy provides 
regular reports to the Secretary that include, in 
accordance with regulations of the Secretary
(promulgated 
after 
consultation 
with 
the 
States), notification regarding when all benefits 
provided under the policy have been paid and 
the amount of such benefits paid, when the pol-
icy otherwise terminates, and such other infor-
mation as the Secretary determines may be ap-
propriate to the administration of such partner-
ships. 
‘‘(VIII) The State does not impose any re-
quirement affecting the terms or benefits of 
such a policy unless the State imposes such re-
quirement on long-term care insurance policies 
without regard to whether the policy is covered 
under the partnership or is offered in connec-
tion with such a partnership. 
In the case of a long-term care insurance policy 
which is exchanged for another such policy, sub-
clause (I) shall be applied based on the coverage of 
the first such policy that was exchanged. 
‘‘(iv) The Secretary— 
‘‘(I) as appropriate, shall provide copies of 
the reports described in clause (iii)(VII) to the 
State involved; and
‘‘(II) shall promote the education of con-
sumers regarding qualified State long-term care 
insurance partnerships.’’; and 
(4) in paragraph (4)(B), by striking ‘‘(and shall 
include, in the case of an individual to whom para-
graph (1)(C)(i) applies)’’. 
(b) APPLICATION OF CERTAIN REQUIREMENTS TO 
EXISTING PARTNERSHIP PROGRAMS.—Subparagraph (C) 
of such section, as amended by subsection (a), is further 
amended— 
(1) in clause (ii), by inserting ‘‘(subject to 
clause (v))’’ after ‘‘under a State plan of a State 
which’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(v) Clause (ii) shall continue to apply to a 
State plan amendment approved as of May 19, 
1993, only if the State plan amendment— 
‘‘(I) is modified by not later than 30 days 
after the date of the enactment of this Act to 
meet the requirements of subclauses (III) and 
(V) of clause (iii); and
‘‘(II) is modified by not later than 1 year 
after such date of enactment to meet the re-
quirement of clause (iii)(VI).’’. 
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