253 
(b) EXCLUSION OF ECONOMIC DOWNTURN FMAP 
INCREASES FROM TERRITORIAL CAPS.—Section 1108 of 
the Social Security Act (42 U.S.C. 1308) is amended— 
(1) in subsection (f), in the matter preceding 
paragraph (1), by striking ‘‘subsection (g) and sec-
tion 1935(e)(1)(B)’’ and inserting ‘‘subsections (g) 
and (h) and section 1935(e)(1)(B)’’; and 
(2) by adding at the end the following: 
‘‘(h) EXCLUSION FROM CAPS OF AMOUNTS ATTRIB-
UTABLE TO ECONOMIC DOWNTURN FMAP.—The portion 
of any payment made to a territory for a fiscal year that 
is attributable to an increase in the Federal medical assist-
ance percentage for a fiscal quarter during such year 
under section 1905(gg) shall not be taken into account 
for purposes of applying payment limits under subsections 
(f) and (g).’’. 
SEC. 70102. LIMITATION ON ADDITIONAL SECRETARIAL AC-
TION WITH RESPECT TO MEDICAID SUPPLE-
MENTAL PAYMENTS REPORTING REQUIRE-
MENTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, during the period that begins on the date of 
enactment of this section and ends the date that is 2 years 
after the last day of the emergency period defined in para-
graph (1)(B) of section 1135(g) of the Social Security Act 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
254 
(42 U.S.C. 1320b–5(g)), the Secretary of Health and 
Human Services shall not take any action (through pro-
mulgation of regulation, issue of regulatory guidance, or 
otherwise) to— 
(1) finalize or otherwise implement provisions 
contained in the proposed rule published on Novem-
ber 18, 2019, on pages 63722 through 63785 of vol-
ume 84, Federal Register (relating to parts 430, 
433, 447, 455, and 457 of title 42, Code of Federal 
Regulations); or 
(2) promulgate or implement any rule or provi-
sion similar to the provisions described in paragraph 
(1) pertaining to the Medicaid program established 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) or the State Children’s Health 
Insurance Program established under title XXI of 
such Act (42 U.S.C. 1397aa et seq.). 
(b) CONTINUATION OF OTHER SECRETARIAL AU-
THORITY.—Nothing in this section shall be construed as 
prohibiting the Secretary during the period described in 
subsection (a) from taking any action (through promulga-
tion of regulation, issuance of regulatory guidance, or 
other administrative action) to enforce a provision of law 
in effect as of the date of enactment of this section with 
respect to the Medicaid program established under title 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
255 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
or the State Children’s Health Insurance Program estab-
lished under title XXI of such Act (42 U.S.C. 1397aa et 
seq.), or to promulgate or implement a new rule or provi-
sion during such period with respect to such programs, 
other than a rule or provision described in subsection (a) 
and subject to the prohibition set forth in that subsection. 
SEC. 
70103. 
AUTHORITY 
TO 
AWARD 
MEDICAID 
HCBS 
GRANTS TO RESPOND TO THE COVID–19 PUB-
LIC HEALTH EMERGENCY. 
(a) IN GENERAL.—The Secretary is authorized to 
award grants to States in accordance with this section to 
enhance access to home and community-based services 
during the COVID–19 public health emergency period. 
(b) DEFINITIONS.—In this section: 
(1) COVID–19 PUBLIC
HEALTH
EMERGENCY 
PERIOD.—The term ‘‘COVID–19 public health emer-
gency period’’ means the portion of the emergency 
period defined in paragraph (1)(B) of section 
1135(g) of the Social Security Act (42 U.S.C. 
1320b–5(g)) beginning on or after the date of the 
enactment of this Act. 
(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual who is eligible for or 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
256 
enrolled for medical assistance under a State Med-
icaid program. 
(3) HOME
AND
COMMUNITY-BASED
SERV-
ICES.—The term ‘‘home and community-based serv-
ices’’ means, with respect to a State Medicaid pro-
gram, home and community-based services (includ-
ing home health and personal care services) that are 
provided under the State’s qualified HCBS program 
or that could be provided under such a program but 
are otherwise provided under the Medicaid program. 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian tribe, a tribal organization, or an 
urban Indian organization (as such terms are de-
fined in section 4 of the Indian Health Care Im-
provement Act (25 U.S.C. 1603)), and includes a 
tribal consortium of Indian tribes or tribal organiza-
tions (as so defined). 
(5) MEDICAID PROGRAM.—The term ‘‘Medicaid 
program’’ means, with respect to a State, the State 
program under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) (including any waiver or 
demonstration under such title or under section 
1115 of such Act (42 U.S.C. 1315) relating to such 
title). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
257 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given such term for purposes of title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.). 
(8) QUALIFIED
HCBS
PROGRAM.—The term 
‘‘qualified HCBS program’’ means a program pro-
viding home and community-based services operating 
under a State Medicaid program, whether or not op-
erating under waiver authority. 
(c) GRANTS TO STATES.— 
(1) IN GENERAL.—During the COVID–19 pub-
lic health emergency period, the Secretary may 
award grants to States with applications meeting the 
requirements of paragraph (2). 
(2) APPLICATION
REQUIREMENTS.—A State 
seeking a grant under this section shall submit an 
application to the Secretary at such time, in such 
form and manner, and containing such information 
as the Secretary shall require. 
(3) LIMITATIONS.— 
(A) TERMINATION
OF
AUTHORITY.—The 
Secretary shall not award any grants under this 
section with respect to a State that submits an 
application after the date that is 60 days after 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS