268 
availability of Federal financial participation for 
such payments; and 
(2) the Secretary of Health and Human Serv-
ices shall not, prior to October 1, 2009, finalize, im-
plement, enforce, or otherwise take any action 
(through promulgation of regulation, issuance of 
regulatory guidance, use of Federal payment audit 
procedures, or other administrative action, policy, or 
practice, including a Medical Assistance Manual 
transmittal or letter to State Medicaid directors) to 
impose the specific upper limit established under 
section 447.514(b) of title 42, Code of Federal Reg-
ulations as published on July 17, 2007 (72 Federal 
Register 39142). 
(b) TEMPORARY SUSPENSION
OF UPDATED PUB-
LICLY AVAILABLE AMP DATA.—Notwithstanding clause 
(v) of section 1927(b)(3)(D) of the Social Security Act (42 
U.S.C. 1396r–8(b)(3)(D)), the Secretary of Health and 
Human Services shall not, prior to October 1, 2009, make 
publicly available any AMP disclosed to the Secretary. 
(c) DEFINITIONS.—In this subsection: 
(1) The term ‘‘multiple source drug’’ has the 
meaning given that term in section 1927(k)(7)(A)(i) 
of the Social Security Act (42 U.S.C. 1396r– 
8(k)(7)(A)(i)). 
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269 
(2) The term ‘‘AMP’’ has the meaning given 
‘‘average manufacturer price’’ in section 1927(k)(1) 
of the Social Security Act (42 U.S.C. 1396r– 
8(k)(1)) and ‘‘AMP’’ in section 447.504(a) of title 
42, Code of Federal Regulations as published on 
July 17, 2007 (72 Federal Register 39142). 
SEC. 204. REVIEW OF ADMINISTRATIVE CLAIM DETERMINA-
TIONS. 
(a) IN GENERAL.—Section 1116 of the Social Secu-
rity Act (42 U.S.C. 1316) is amended by adding at the 
end the following new subsection: 
‘‘(e)(1) Whenever the Secretary determines that any 
item or class of items on account of which Federal finan-
cial participation is claimed under title XIX shall be dis-
allowed for such participation, the State shall be entitled 
to and upon request shall receive a reconsideration of the 
disallowance, provided that such request is made during 
the 60-day period that begins on the date the State re-
ceives notice of the disallowance. 
‘‘(2)(A) A State may appeal a disallowance of a claim 
for federal financial participation under title XIX by the 
Secretary, or an unfavorable reconsideration of a disallow-
ance, during the 60-day period that begins on the date 
the State receives notice of the disallowance or of the unfa-
vorable reconsideration, in whole or in part, to the Depart-
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270 
mental Appeals Board, established in the Department of 
Health and Human Services (in this paragraph referred 
to as the ‘Board’), by filing a notice of appeal with the 
Board. 
‘‘(B) The Board shall consider a State’s appeal of 
a disallowance of such a claim (or of an unfavorable recon-
sideration of a disallowance) on the basis of such docu-
mentation as the State may submit and as the Board may 
require to support the final decision of the Board. In de-
ciding whether to uphold a disallowance of such a claim 
or any portion thereof, the Board shall be bound by all 
applicable laws and regulations and shall conduct a thor-
ough review of the issues, taking into account all relevant 
evidence. The Board’s decision of an appeal under sub-
paragraph (A) shall be the final decision of the Secretary 
and shall be subject to reconsideration by the Board only 
upon motion of either party filed during the 60-day period 
that begins on the date of the Board’s decision or to judi-
cial review in accordance with subparagraph (C). 
‘‘(C) A State may obtain judicial review of a decision 
of the Board by filing an action in any United States Dis-
trict Court located within the appealing State (or, if sev-
eral States jointly appeal the disallowance of claims for 
Federal financial participation under section 1903, in any 
United States District Court that is located within any 
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271 
State that is a party to the appeal) or the United States 
District Court for the District of Columbia. Such an ac-
tion may only be filed— 
‘‘(i) if no motion for reconsideration was filed 
within the 60-day period specified in subparagraph 
(B), during such 60-day period; or 
‘‘(ii) if such a motion was filed within such pe-
riod, during the 60-day period that begins on the 
date of the Board’s decision on such motion.’’. 
(b) CONFORMING AMENDMENT.—Section 1116(d) of 
such Act (42 U.S.C. 1316(d)) is amended by striking ‘‘or 
XIX,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of the enactment of 
this Act and apply to any disallowance of a claim for Fed-
eral financial participation under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.) made on or after 
such date or during the 60-day period prior to such date. 
SEC. 205. COUNTY MEDICAID HEALTH INSURING ORGANI-
ZATIONS. 
(a) IN GENERAL.—Section 9517(c)(3) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (42 
U.S.C. 1396b note), as added by section 4734 of the Om-
nibus Budget Reconciliation Act of 1990 and as amended 
by section 704 of the Medicare, Medicaid, and SCHIP 
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272 
Benefits Improvement and Protection Act of 2000, is 
amended— 
(1) in subparagraph (A), by inserting ‘‘, in the 
case of any health insuring organization described in 
such subparagraph that is operated by a public enti-
ty established by Ventura County, and in the case 
of any health insuring organization described in such 
subparagraph that is operated by a public entity es-
tablished by Merced County’’ after ‘‘described in 
subparagraph (B)’’; and 
(2) in subparagraph (C), by striking ‘‘14 per-
cent’’ and inserting ‘‘16 percent’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
TITLE K—MISCELLANEOUS 
SEC. 301. EXTENSION OF TANF SUPPLEMENTAL GRANTS. 
(a) EXTENSION THROUGH FISCAL YEAR 2009.—Sec-
tion 7101(a) of the Deficit Reduction Act of 2005 (Public 
Law 109–171; 120 Stat. 135) is amended by striking ‘‘fis-
cal year 2008’’ and inserting ‘‘fiscal year 2009’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 
603(a)(3)(H)(ii)) is amended to read as follows: 
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273 
‘‘(ii) subparagraph (G) shall be ap-
plied as if ‘fiscal year 2009’ were sub-
stituted for ‘fiscal year 2001’; and’’. 
SEC. 302. 70 PERCENT FEDERAL MATCHING FOR FOSTER 
CARE AND ADOPTION ASSISTANCE FOR THE 
DISTRICT OF COLUMBIA. 
(a) IN GENERAL.—Section 474(a) of the Social Secu-
rity Act (42 U.S.C. 674(a)) is amended in each of para-
graphs (1) and (2) by striking ‘‘(as defined in section 
1905(b) of this Act)’’ and inserting ‘‘(which shall be as 
defined in section 1905(b), in the case of a State other 
than the District of Columbia, or 70 percent, in the case 
of the District of Columbia)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2008, and 
shall apply to calendar quarters beginning on or after that 
date. 
SEC. 303. EXTENSION OF SPECIAL DIABETES GRANT PRO-
GRAMS. 
(a) SPECIAL DIABETES PROGRAMS FOR TYPE I DIA-
BETES.—Section 330B(b)(2)(C) of the Public Health 
Service Act (42 U.S.C. 254c–2(b)(2)) is amended by strik-
ing ‘‘2009’’ and inserting ‘‘2011’’. 
(b) SPECIAL DIABETES PROGRAMS FOR INDIANS.— 
Section 330C(c)(2)(C) of the Public Health Service Act 
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274 
(42 U.S.C. 254c–3(c)(2)(C)) is amended by striking 
‘‘2009’’ and inserting ‘‘2011’’. 
(c) REPORT ON GRANT PROGRAMS.—Section 4923(b) 
of the Balanced Budget Act of 1997 (42 U.S.C. 1254c– 
2 note), as amended by section 931(c) of the Medicare, 
Medicaid, and SCHIP Benefits Improvement and Protec-
tion Act of 2000, as enacted into law by section 1(a)(6) 
of Public Law 106–554, and section 1(c) of Public Law 
107–360, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2)— 
(A) by striking ‘‘a final report’’ and insert-
ing ‘‘a second interim report’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) a report on such evaluation not later than 
January 1, 2011.’’. 
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275 
SEC. 304. IOM REPORTS ON BEST PRACTICES FOR CON-
DUCTING SYSTEMATIC REVIEWS OF CLIN-
ICAL EFFECTIVENESS RESEARCH AND FOR 
DEVELOPING CLINICAL PROTOCOLS. 
(a) SYSTEMATIC REVIEWS OF CLINICAL EFFECTIVE-
NESS RESEARCH.— 
(1) STUDY.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of 
Health and Human Services shall enter into a con-
tract with the Institute of Medicine of the National 
Academies (in this section referred to as the ‘‘Insti-
tute’’) under which the Institute shall conduct a 
study to identify the methodological standards for 
conducting systematic reviews of clinical effective-
ness research on health and health care in order to 
ensure that organizations conducting such reviews 
have information on methods that are objective, sci-
entifically valid, and consistent. 
(2) REPORT.—Not later than 18 months after 
the effective date of the contract under paragraph 
(1), the Institute, as part of such contract, shall 
submit to the Secretary of Health and Human Serv-
ices and the appropriate committees of jurisdiction 
of Congress a report containing the results of the 
study conducted under paragraph (1), together with 
recommendations for such legislation and adminis-
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276 
trative action as the Institute determines appro-
priate. 
(3) PARTICIPATION.—The contract under para-
graph (1) shall require that stakeholders with exper-
tise in conducting clinical effectiveness research par-
ticipate on the panel responsible for conducting the 
study under paragraph (1) and preparing the report 
under paragraph (2). 
(b) CLINICAL PROTOCOLS.— 
(1) STUDY.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of 
Health and Human Services shall enter into a con-
tract with the Institute of Medicine of the National 
Academies (in this section referred to as the ‘‘Insti-
tute’’) under which the Institute shall conduct a 
study on the best methods used in developing clinical 
practice guidelines in order to ensure that organiza-
tions developing such guidelines have information on 
approaches that are objective, scientifically valid, 
and consistent. 
(2) REPORT.—Not later than 18 months after 
the effective date of the contract under paragraph 
(1), the Institute, as part of such contract, shall 
submit to the Secretary of Health and Human Serv-
ices and the appropriate committees of jurisdiction 
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of Congress a report containing the results of the 
study conducted under paragraph (1), together with 
recommendations for such legislation and adminis-
trative action as the Institute determines appro-
priate. 
(3) PARTICIPATION.—The contract under para-
graph (1) shall require that stakeholders with exper-
tise in making clinical recommendations participate 
on the panel responsible for conducting the study 
under paragraph (1) and preparing the report under 
paragraph (2). 
(c) FUNDING.—Out of any funds in the Treasury not 
otherwise appropriated, there are appropriated for the pe-
riod of fiscal years 2009 and 2010, $3,000,000 to carry 
out this section. 
Æ 
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