A bill to require the Secretary of Health and Human Services to enter into agreements with States to resolve outstanding claims for reimbursement under the Medicare program relating to the Special Disability Workload project.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Disability Workload 
Liability Resolution Act of 2009''.

SEC. 2. PAYMENT OF MEDICARE LIABILITY TO STATES AS A RESULT OF THE 
              SPECIAL DISABILITY WORKLOAD PROJECT.

    (a) In General.--The Secretary, in consultation with the 
Commissioner, shall work with each State to reach an agreement, not 
later than 6 months after the date of enactment of this Act, on the 
amount of a payment for the State related to the Medicare program 
liability as a result of the Special Disability Workload project, 
subject to the requirements of subsection (c).
    (b) Payments.--
            (1) Deadline for making payments.--Not later than 30 days 
        after reaching an agreement with a State under subsection (a), 
        the Secretary shall pay the State, from the amounts 
        appropriated under paragraph (2), the payment agreed to for the 
        State.
            (2) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there is appropriated $4,000,000,000 
        for fiscal year 2010 for making payments to States under 
        paragraph (1).
            (3) Limitations.--In no case may the aggregate amount of 
        payments made by the Secretary to States under paragraph (1) 
        exceed $4,000,000,000.
    (c) Requirements.--The requirements of this subsection are the 
following:
            (1) Federal data used to determine amount of payments.--The 
        amount of the payment under subsection (a) for each State is 
        determined on the basis of the most recent Federal data 
        available, including the use of proxies and reasonable 
        estimates as necessary, for determining expeditiously the 
        amount of the payment that shall be made to each State that 
        enters into an agreement under this section. The payment 
        methodology shall consider the following factors:
                    (A) The number of SDW cases found to have been 
                eligible for benefits under the Medicare program and 
                the month of the initial Medicare program eligibility 
                for such cases.
                    (B) The applicable non-Federal share of 
                expenditures made by a State under the Medicaid program 
                during the time period for SDW cases.
                    (C) Such other factors as the Secretary and the 
                Commissioner, in consultation with the States, 
                determine appropriate.
            (2) Conditions for payments.--A State shall not receive a 
        payment under this section unless the State--
                    (A) waives the right to file a civil action (or to 
                be a party to any action) in any Federal or State court 
                in which the relief sought includes a payment from the 
                United States to the State related to the Medicare 
                liability under title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.) as a result of the Special 
                Disability Workload project; and
                    (B) releases the United States from any further 
                claims for reimbursement of State expenditures as a 
                result of the Special Disability Workload project 
                (other than reimbursements being made under agreements 
                in effect on the date of enactment of this Act as a 
                result of such project, including payments made 
                pursuant to agreements entered into under section 1616 
                of the Social Security Act or section 211(1)(1)(A) of 
                Public Law 93-66).
            (3) No individual state claims data required.--No State 
        shall be required to submit individual claims evidencing 
        payment under the Medicaid program as a condition for receiving 
        a payment under this section.
            (4) Ineligible states.--No State that is a party to a civil 
        action in any Federal or State court in which the relief sought 
        includes a payment from the United States to the State related 
        to the Medicare liability under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.) as a result of the 
        Special Disability Workload project shall be eligible to 
        receive a payment under this section while such an action is 
        pending or if such an action is resolved in favor of the State.
    (d) Definitions.--In this section:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (2) Medicaid program.--The term ``Medicaid program'' means 
        the program of medical assistance established under title XIX 
        of the Social Security Act (42 U.S.C. 1396a et seq.) and 
        includes medical assistance provided under any waiver of that 
        program approved under section 1115 or 1915 of such Act (42 
        U.S.C. 1315, 1396n) or otherwise.
            (3) Medicare program.--The term ``Medicare program'' means 
        the program established under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (5) Sdw case.--The term ``SDW case'' means a case in the 
        Special Disability Workload project involving an individual 
        determined by the Commissioner to have been eligible for 
        benefits under title II of the Social Security Act (42 U.S.C. 
        401 et seq.) for a period during which such benefits were not 
        provided to the individual and who was, during all or part of 
        such period, enrolled in a State Medicaid program.
            (6) Special disability workload project.--The term 
        ``Special Disability Workload project'' means the project 
        described in the 2008 Annual Report of the Board of Trustees of 
        the Federal Old-Age and Survivors Insurance and Federal 
        Disability Insurance Trust Funds, H.R. Doc. No. 110-104, 110th 
        Cong. (2008).
            (7) State.--The term ``State'' means each of the 50 States 
        and the District of Columbia.

Summary: Special Disability Workload Liability Resolution Act of 2009 - Directs the Secretary of Health and Human Services to work with each state to reach an agreement on the amount of a payment for the state related to the Medicare program liability under title XVIII of the Social Security Act as a result of the Special Disability Workload project. (The special workload was the result of discovering a substantial number of recipients of Supplemental Security Income [SSI] benefits whose disability insured status under the title II [OASDI] Disability Insurance program was not previously recognized.)

Prohibits any such payment to a state unless it: (1) waives the right to file a civil action (or to be a party to any action) in federal or state court in which the relief sought includes a payment to the state from the United States related to such Medicare liability; and (2) releases the United States from any further claims for reimbursement of state expenditures as a result of the Special Disability Workload project.