I
107TH CONGRESS
1ST SESSION
H. R. 566
To amend title XIX of the Social Security Act to require the prorating
of Medicaid beneficiary contributions in the case of partial coverage
of nursing facility services during a month.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 2001
Mr. ANDREWS 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 require
the prorating of Medicaid beneficiary contributions in
the case of partial coverage of nursing facility services
during a month.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PRORATING MEDICAID BENEFICIARY CON-
TRIBUTIONS FOR PARTIAL COVERAGE OF
NURSING 
FACILITY 
SERVICES 
DURING 
A
MONTH.
(a) IN GENERAL.—Section 1902 of the Social Secu-
rity Act (42 U.S.C. 1396a) is amended by adding at the
end the following new subsection:
‘‘(cc) Notwithstanding any other provision of this
title, in the case of an individual who is entitled to medical
assistance for nursing facility services under this title in
a month but who is not receiving such services during the
entire month, the amount of any contribution required of
the individual during such month with respect to payment
for such services shall be pro-rated to reflect the fraction
of the month during which the individual is receiving such
services.’’.
(b) TECHNICAL AMENDMENTS.—
(1) Section 1902 of the Social Security Act (42
U.S.C. 1396a), as amended by section 702(b) of the
Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106–554), is
amended by redesignating the subsection (aa) added
by such section as subsection (bb).
(2) Section 1902(a)(15) of such Act (42 U.S.C.
1396a(a)(15)), as added by section 702(a)(2) of the
Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000 (as so enacted into
law), is amended by striking ‘‘subsection (aa)’’ and
inserting ‘‘subsection (bb)’’.
(3) Section 1915(b) of such Act (42 U.S.C.
1396n(b)), as amended by section 702(c)(2) of the
Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000 (as so enacted into
law), is amended by striking ‘‘1902(aa)’’ and insert-
ing ‘‘1902(bb)’’.
(c) EFFECTIVE DATES.—(1) Except as provided in
paragraph (2), the amendment made by subsection (a)
shall apply to calendar quarters beginning on or after Jan-
uary 1, 2002, without regard to whether or not final regu-
lations to carry out such amendment have been promul-
gated by such date.
(2) In the case of a State plan for medical assistance
under title XIX of the Social Security Act which the Sec-
retary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional require-
ment imposed by the amendment made by subsection (a),
the State plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis of
its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act.
For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular ses-
sion of the State legislature.
(3) The amendments made by subsection (b) shall
take effect as if included in the enactment of section 702
of the Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106–554).
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