259 
insurance fund contributions in the use of Bureau of Eco-
nomic Affairs calculations for the FMAP and for Medicaid 
and on possible alternative methodologies to mitigate 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 Se-
curity Act (42 U.S.C. 1396(d)). 
SEC. 616. MORATORIUM ON CERTAIN PAYMENT RESTRIC-
TIONS. 
Notwithstanding any other provision of law, the Sec-
retary 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 fed-
eral payment audit procedures, or other administrative ac-
tion, 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 So-
cial Security 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.
260 
SEC. 617. MEDICAID DSH ALLOTMENTS FOR TENNESSEE 
AND HAWAII. 
(a) TENNESSEE.—The DSH allotments for Ten-
nessee for each fiscal year beginning with fiscal year 2008 
under subsection (f)(3) of section 1923 of the Social Secu-
rity Act (42 U.S.C. 1396r–4) are deemed to be 
$30,000,000. The Secretary of Health and Human Serv-
ices may impose a limitation on the total amount of pay-
ments made to hospitals under the TennCare Section 
1115 waiver only to the extent that such limitation is nec-
essary 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 re-
mains 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 re-
spect 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 fol-
lowing new clauses:
261 
‘‘(ii) TREATMENT
AS
A
LOW-DSH 
STATE.—With respect to fiscal year 2009 
and each fiscal year thereafter, notwith-
standing the table set forth in paragraph 
(2), the DSH allotment for Hawaii shall be 
increased in the same manner as allot-
ments for low DSH States are increased 
for such fiscal year under clauses (ii) and 
(iii) of paragraph (5)(B). 
‘‘(iii) 
CERTAIN
HOSPITAL
PAY-
MENTS.—The Secretary may not impose a 
limitation on the total amount of payments 
made to hospitals under the QUEST sec-
tion 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 de-
scribed in subsection (g), or as necessary 
to ensure that such payments under the 
waiver and such payments pursuant to the 
allotment provided in this section 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 dis-
262 
proportionate share hospital payment ad-
justments for such year that is reflected in 
the budget neutrality provision of the 
QUEST Demonstration Project.’’. 
SEC. 618. CLARIFICATION TREATMENT OF REGIONAL MED-
ICAL CENTER. 
(a) IN GENERAL.—Nothing in section 1903(w) of the 
Social Security Act (42 U.S.C. 1396b(w)) shall be con-
strued by the Secretary 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 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 serv-
ices; 
(2) provides level 3 neonatal care services; 
(3) is obligated to serve all patients, regardless 
of ability to pay;
263 
(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 DEM-
ONSTRATION 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 Secu-
rity Act of the automated, secure, web-based asset 
verification request and response process being applied for 
determining eligibility for benefits under the Supplemental 
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 op-
264 
erating and only for the period in which such project is 
otherwise provided. 
(c) RULES OF APPLICATION.—For purposes of car-
rying out subsection (a), notwithstanding any other provi-
sion of law, information obtained from a financial institu-
tion that is used for purposes of eligibility determinations 
under such demonstration project with respect to the Sec-
retary of Health and Human Services under the SSI pro-
gram 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 Secu-
rity Act under this subsection, references to the Commis-
sioner 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:
266 
fied while the member is on active duty in the 
Armed Forces. 
‘‘(17) NEXT OF KIN.—The term ‘next of kin’, 
used with respect to an individual, means the near-
est blood relative of that individual. 
‘‘(18) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’, in the case of a member 
of the Armed Forces, means an injury or illness in-
curred by the member in line of duty on active duty 
in the Armed Forces that may render the member 
medically unfit to perform the duties of the mem-
ber’s office, grade, rank, or rating.’’. 
(2) ENTITLEMENT TO LEAVE.—Section 102(a) 
of such Act (29 U.S.C. 2612(a)) is amended by add-
ing at the end the following: 
‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject 
to section 103, an eligible employee who is the 
spouse, son, daughter, parent, or next of kin of a 
covered servicemember shall be entitled to a total of 
26 workweeks of leave during a 12-month period to 
care for the servicemember. The leave described in 
this paragraph shall only be available during a single 
12-month period. 
‘‘(4) COMBINED
LEAVE
TOTAL.—During the 
single 12-month period described in paragraph (3),
267 
an eligible employee shall be entitled to a combined 
total of 26 workweeks of leave under paragraphs (1) 
and (3). Nothing in this paragraph shall be con-
strued to limit the availability of leave under para-
graph (1) during any other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 102(b) of such 
Act (29 U.S.C. 2612(b)) is amended— 
(i) in paragraph (1), in the second 
sentence— 
(I) 
by 
striking 
‘‘section 
103(b)(5)’’ and inserting ‘‘subsection 
(b)(5) or (f) (as appropriate) of sec-
tion 103’’; and 
(II) by inserting ‘‘or under sub-
section 
(a)(3)’’ 
after 
‘‘subsection 
(a)(1)’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’. 
(B) SUBSTITUTION OF PAID LEAVE.—Sec-
tion 102(d) of such Act (29 U.S.C. 2612(d)) is 
amended— 
(i) in paragraph (1)—
268 
(I) by inserting ‘‘(or 26 work-
weeks in the case of leave provided 
under subsection (a)(3))’’ after ‘‘12 
workweeks’’ the first place it appears; 
and 
(II) by inserting ‘‘(or 26 work-
weeks, as appropriate)’’ after ‘‘12 
workweeks’’ the second place it ap-
pears; and 
(ii) in paragraph (2)(B), by adding at 
the end the following: ‘‘An eligible em-
ployee may elect, or an employer may re-
quire the employee, to substitute any of 
the accrued paid vacation leave, personal 
leave, family leave, or medical or sick leave 
of the employee for leave provided under 
subsection (a)(3) for any part of the 26- 
week period of such leave under such sub-
section.’’. 
(C) NOTICE.—Section 102(e)(2) of such 
Act (29 U.S.C. 2612(e)(2)) is amended by in-
serting ‘‘or under subsection (a)(3)’’ after ‘‘sub-
section (a)(1)’’.
269 
(D) SPOUSES
EMPLOYED
BY
SAME
EM-
PLOYER.—Section 102(f) of such Act (29 
U.S.C. 2612(f)) is amended— 
(i) by redesignating paragraphs (1) 
and (2) as subparagraphs (A) and (B), 
and aligning the margins of the subpara-
graphs with the margins of section 
102(e)(2)(A); 
(ii) by striking ‘‘In any’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—In any’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) SERVICEMEMBER FAMILY LEAVE.— 
‘‘(A) IN GENERAL.—The aggregate num-
ber of workweeks of leave to which both that 
husband and wife may be entitled under sub-
section (a) may be limited to 26 workweeks 
during the single 12-month period described in 
subsection (a)(3) if the leave is— 
‘‘(i) leave under subsection (a)(3); or 
‘‘(ii) a combination of leave under 
subsection (a)(3) and leave described in 
paragraph (1).
270 
‘‘(B) BOTH LIMITATIONS APPLICABLE.—If 
the leave taken by the husband and wife in-
cludes leave described in paragraph (1), the 
limitation in paragraph (1) shall apply to the 
leave described in paragraph (1).’’. 
(E) CERTIFICATION.—Section 103 of such 
Act (29 U.S.C. 2613) is amended by adding at 
the end the following: 
‘‘(f) CERTIFICATION FOR SERVICEMEMBER FAMILY 
LEAVE.—An employer may require that a request for 
leave under section 102(a)(3) be supported by a certifi-
cation issued at such time and in such manner as the Sec-
retary may by regulation prescribe.’’. 
(F) FAILURE TO RETURN.—Section 104(c) 
of such Act (29 U.S.C. 2614(c)) is amended— 
(i) in paragraph (2)(B)(i), by insert-
ing ‘‘or under section 102(a)(3)’’ before 
the semicolon; and 
(ii) in paragraph (3)(A)— 
(I) in clause (i), by striking ‘‘or’’ 
at the end; 
(II) in clause (ii), by striking the 
period and inserting ‘‘; or’’; and 
(III) by adding at the end the 
following:
271 
‘‘(iii) a certification issued by the 
health care provider of the servicemember 
being cared for by the employee, in the 
case of an employee unable to return to 
work because of a condition specified in 
section 102(a)(3).’’. 
(G) ENFORCEMENT.—Section 107 of such 
Act (29 U.S.C. 2617) is amended, in subsection 
(a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in 
a case involving leave under section 102(a)(3))’’ 
after ‘‘12 weeks’’. 
(H) INSTRUCTIONAL
EMPLOYEES.—Sec-
tion 108 of such Act (29 U.S.C. 2618) is 
amended, in subsections (c)(1), (d)(2), and 
(d)(3), 
by 
inserting 
‘‘or 
under 
section 
102(a)(3)’’ after ‘‘section 102(a)(1)’’. 
(c) SERVICEMEMBER FAMILY LEAVE
FOR CIVIL 
SERVICE EMPLOYEES.— 
(1) DEFINITIONS.—Section 6381 of title 5, 
United States Code, is amended— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
272 
‘‘(7) the term ‘active duty’ means duty under a 
call or order to active duty under a provision of law 
referred to in section 101(a)(13)(B) of title 10, 
United States Code; 
‘‘(8) the term ‘covered servicemember’ means a 
member of the Armed Forces, including a member 
of the National Guard or a Reserve, who is under-
going medical treatment, recuperation, or therapy, is 
otherwise in medical hold or medical holdover status, 
or is otherwise on the temporary disability retired 
list, for a serious injury or illness; 
‘‘(9) the term ‘medical hold or medical holdover 
status’ means— 
‘‘(A) the status of a member of the Armed 
Forces, including a member of the National 
Guard or a Reserve, assigned or attached to a 
military hospital for medical care; and 
‘‘(B) the status of a member of a reserve 
component of the Armed Forces who is sepa-
rated, whether pre-deployment or post-deploy-
ment, from the member’s unit while in need of 
health care based on a medical condition identi-
fied while the member is on active duty in the 
Armed Forces;
273 
‘‘(10) the term ‘next of kin’, used with respect 
to an individual, means the nearest blood relative of 
that individual; and 
‘‘(11) the term ‘serious injury or illness’, in the 
case of a member of the Armed Forces, means an 
injury or illness incurred by the member in line of 
duty on active duty in the Armed Forces that may 
render the member medically unfit to perform the 
duties of the member’s office, grade, rank, or rat-
ing.’’. 
(2) ENTITLEMENT TO LEAVE.—Section 6382(a) 
of such title is amended by adding at the end the 
following: 
‘‘(3) Subject to section 6383, an employee who 
is the spouse, son, daughter, parent, or next of kin 
of a covered servicemember shall be entitled to a 
total of 26 administrative workweeks of leave during 
a 12-month period to care for the servicemember. 
The leave described in this paragraph shall only be 
available during a single 12-month period. 
‘‘(4) During the single 12-month period de-
scribed in paragraph (3), an employee shall be enti-
tled to a combined total of 26 administrative work-
weeks of leave under paragraphs (1) and (3). Noth-
ing in this paragraph shall be construed to limit the
274 
availability of leave under paragraph (1) during any 
other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 6382(b) of such 
title is amended— 
(i) in paragraph (1), in the second 
sentence— 
(I) 
by 
striking 
‘‘section 
6383(b)(5)’’ and inserting ‘‘subsection 
(b)(5) or (f) (as appropriate) of sec-
tion 6383’’; and 
(II) by inserting ‘‘or under sub-
section 
(a)(3)’’ 
after 
‘‘subsection 
(a)(1)’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’. 
(B) SUBSTITUTION OF PAID LEAVE.—Sec-
tion 6382(d) of such title is amended by adding 
at the end the following: ‘‘An employee may 
elect to substitute for leave under subsection 
(a)(3) any of the employee’s accrued or accu-
mulated annual or sick leave under subchapter 
I for any part of the 26-week period of leave 
under such subsection.’’.
275 
(C) NOTICE.—Section 6382(e) of such title 
is amended by inserting ‘‘or under subsection 
(a)(3)’’ after ‘‘subsection (a)(1)’’. 
(D) CERTIFICATION.—Section 6383 of 
such title is amended by adding at the end the 
following: 
‘‘(f) An employing agency may require that a request 
for leave under section 6382(a)(3) be supported by a cer-
tification issued at such time and in such manner as the 
Office of Personnel Management may by regulation pre-
scribe.’’. 
SEC. 622. OUTREACH REGARDING HEALTH INSURANCE OP-
TIONS AVAILABLE TO CHILDREN. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ means the Small Business Administration 
and the Administrator thereof, respectively; 
(2) the term ‘‘certified development company’’ 
means a development company participating in the 
program under title V of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 695 et seq.); 
(3) the term ‘‘Medicaid program’’ means the 
program established under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.);