I 
109TH CONGRESS 
1ST SESSION H. R. 3952 
To provide emergency health care relief for survivors of Hurricane Katrina, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2005 
Mr. GINGREY introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, the Budget, Government Reform, and Transportation 
and Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide emergency health care relief for survivors of 
Hurricane Katrina, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Emergency Health Care Relief Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—EMERGENCY HEALTH CARE RELIEF
Sec. 101. Definitions. 
Sec. 102. Disaster relief medicaid. 
Sec. 103. Targeted medicaid relief for direct impact parishes and counties. 
Sec. 104. Authority to waive requirements during national emergencies with re-
spect to evacuees from an emergency area. 
Sec. 105. Emergency assistance to medicare beneficiaries. 
Sec. 106. Relief for hospitals located in a direct impact parish or county. 
Sec. 107. Disaster relief fund. 
Sec. 108. Emergency designation. 
Sec. 109. Temporary waiver of medicaid IMD restriction for Katrina Survivors. 
TITLE II—TEMPORARY EXTENDED UNEMPLOYMENT 
COMPENSATION 
Sec. 201. Federal-State agreements. 
Sec. 202. Temporary extended unemployment compensation account. 
Sec. 203. Payments to States having agreements for the payment of temporary 
extended unemployment compensation. 
Sec. 204. Financing provisions. 
Sec. 205. Fraud and overpayments. 
Sec. 206. Definitions. 
Sec. 207. Applicability. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Disclosure based on valid authorization. 
Sec. 302. Additional oversight funding for the Inspector General of the Depart-
ment of Health and Human Services. 
Sec. 303. Emergency procurement authority in support of Hurricane Katrina 
rescue and relief efforts. 
Sec. 304. Allowing FEMA assistance for investor-owned hospitals. 
TITLE I—EMERGENCY HEALTH 
CARE RELIEF 
SEC. 101. DEFINITIONS. 
In this title: 
(1) DIRECT IMPACT PARISH OR COUNTY.— 
(A) IN GENERAL.—The term ‘‘direct im-
pact parish or county’’ means a parish in the 
State of Louisiana, or a county in the State of 
Mississippi or Alabama, for which a major dis-
aster has been declared in accordance with sec-
tion 401 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 
5170) as a result of Hurricane Katrina and 
which the President has determined, before 
September 14, 2005, warrants individual and 
public assistance from the Federal Government 
under such Act. 
(B) EXCLUSION.—Such term does not in-
clude a parish in the State of Louisiana or a 
county in the State of Mississippi or Alabama 
which the President has determined warrants 
only public assistance from the Federal Govern-
ment under such Act as a result of Hurricane 
Katrina. 
(C) AUTHORITY
TO
RELY
ON
WEBSITE 
POSTED
DESIGNATIONS.—The 
Secretary 
of 
Health and Human Services shall post on the 
Internet website for the Centers for Medicare & 
Medicaid Services a list of parishes and coun-
ties identified as direct impact parishes or coun-
ties in accordance with this paragraph. Any 
such parish or county that is posted on such 
website as a direct impact parish or county 
shall be treated for purposes of subparagraph 
(A) as described in such subparagraph. 
(2) DRM COVERAGE PERIOD.—
(A) IN GENERAL.—The term ‘‘DRM cov-
erage period’’ means the period beginning on 
August 28, 2005, and, subject to subparagraph 
(B), ending on the date that is 5 months after 
the date of enactment of this Act. 
(B) PRESIDENTIAL
AUTHORITY
TO
EX-
TEND DRM COVERAGE PERIOD.— 
(i) IN GENERAL.—The President may 
extend the DRM coverage period for an 
additional 5 months. Any reference to the 
term ‘‘DRM coverage period’’ in this title 
shall include any extension under this 
clause. 
(ii) 
NOTICE
TO
CONGRESS
AND 
STATES.—The President shall notify the 
Majority and Minority Leaders of the Sen-
ate, the Speaker of the House of Rep-
resentatives, the Minority Leader of the 
House of Representatives, the Chairs and 
Ranking Members of the Committee on Fi-
nance of the Senate and the Committees 
on Energy and Commerce and Ways and 
Means of the House of Representatives, 
and the States at least 30 days prior to—
(I) extending the DRM coverage 
period; or 
(II) if the President determines 
not to extend such period, the ending 
date described in subparagraph (A). 
(3) KATRINA SURVIVOR.— 
(A) IN
GENERAL.—The term ‘‘Katrina 
Survivor’’ means an individual who is described 
in subparagraph (B) or (C). 
(B) RESIDENTS AND EVACUEES OF DIRECT 
IMPACT
PARISHES
AND
COUNTIES.—An indi-
vidual who, on any day during the week pre-
ceding August 28, 2005, had a primary resi-
dence in a direct impact parish or county. 
(C) INDIVIDUALS
WHO
LOST
EMPLOY-
MENT.—An individual whose— 
(i) worksite, on any day during the 
week preceding August 28, 2005, was lo-
cated in a direct impact parish or county; 
and 
(ii) employment with an employer 
which conducted an active trade or busi-
ness on August 28, 2005, in a direct im-
pact parish or county and with respect to 
whom such trade or business is inoperable
on any day after August 28, 2005, and be-
fore January 1, 2006, as a result of dam-
age sustained in connection with Hurricane 
Katrina, is terminated. 
(D) TREATMENT OF CURRENT MEDICAID 
BENEFICIARIES.—Nothing in this title shall be 
construed as preventing an individual who is 
otherwise entitled to medical assistance under 
title XIX of the Social Security Act from being 
treated as a Katrina Survivor under this title. 
(E) TREATMENT
OF
HOMELESS
PER-
SONS.—For purposes of this title, in the case of 
an individual who was homeless on any day 
during the week described in subparagraph (B), 
the individual’s ‘‘residence’’ shall be deemed to 
be the place of residence as otherwise deter-
mined for such an individual under title XIX of 
the Social Security Act. 
(4) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given that term in section 
2110(c)(5) of the Social Security Act (42 U.S.C. 
1397jj(c)(5)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services.