Title: Disaster Displacement Act of 2017
Policy area: Health

Summary:
Disaster Displacement Act of 2017
This bill requires a state, as a condition of participation in the Medicaid program, to provide medical assistance to eligible survivors of Hurricane Maria. For a specified coverage period, the federal matching rate shall be 100% with respect to such assistance. Eligibility shall be determined on the basis of specified income standards but without application of any resources test or state-residency requirements.
The Department of Housing and Urban Development shall, upon request from a public housing agency, provide additional funding for specified housing assistance that is necessary as a consequence of a major disaster. The Department of Agriculture shall do the same upon request from either a state or a political subdivision of a state.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2066

 To provide housing and Medicaid assistance to families affected by a 
                major disaster, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

 Mr. Nelson (for himself, Mrs. Gillibrand, and Ms. Harris) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide housing and Medicaid assistance to families affected by a 
                major disaster, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Displacement Act of 2017''.

SEC. 2. HOUSING ASSISTANCE.

    (a) Definitions.--In this section--
            (1) the term ``disaster housing assistance program'' means 
        a program that provides direct rental assistance and case 
        management services to individuals and households displaced 
        from their pre-disaster primary residences--
                    (A) pursuant to sections 408(b) and 426 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5174(b), 5189d); and
                    (B) using the authorities, as may be necessary, 
                under--
                            (i) section 102(b)(2) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 112(b)(2));
                            (ii) section 306(a) of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5149(a)); and
                            (iii) section 1535 of title 31, United 
                        States Code; and
            (2) the term ``public housing agency'' has the meaning 
        given the term in section 3(b)(6) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437a(b)(6)).
    (b) Housing Assistance Following a Major Disaster.--Except as 
provided in subsection (c)--
            (1) the Secretary of Housing and Urban Development shall 
        provide funding for, or make temporary adjustments to, 
        assistance provided under section 8(o), 9(d), or 9(e) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o), 
        1437g(d), 1437(e)) upon request by a public housing agency and 
        supported by documentation, as required by the Secretary of 
        Housing and Urban Development, that demonstrates a need for the 
        additional funding or adjustment as a consequence of a major 
        disaster declared by the President under section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170); and
            (2) the Secretary of Agriculture shall provide funding for, 
        or make temporary adjustments to, assistance provided under 
        section 504, 515, 521, or 542 of the Housing Act of 1949 (42 
        U.S.C. 1474, 1485, 1490a, 1490r) upon request by a State or a 
        political subdivision of a State and supported by 
        documentation, as required by the Secretary of Agriculture, 
        that demonstrates a need for the additional funding or 
        adjustment as a consequence of a major disaster declared by the 
        President under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170).
    (c) Exception.--With respect to a request made under paragraph (1) 
or paragraph (2) of subsection (b), no additional funding or temporary 
adjustment shall be provided or made under such subsection if a 
disaster housing assistance program is established to address the need 
for the additional funding or temporary adjustment identified in the 
request not later than 7 days after the date on which the request is 
made.
    (d) Authorization of Appropriations.--There are appropriated, out 
of amounts in the Treasury not otherwise obligated, such sums as are 
necessary to carry out this section.

SEC. 3. DISASTER RELIEF MEDICAID FOR HURRICANE MARIA SURVIVORS.

    (a) Authority To Provide Disaster Relief Medicaid.--Notwithstanding 
any provision of title XIX of the Social Security Act (42 U.S.C. 1396 
et seq.), a State shall, as a condition of participation in the 
Medicaid program established under such title, provide medical 
assistance to DRM-eligible Maria Survivors (as defined in subsection 
(b)) under a State Medicaid plan during the DRM coverage period in 
accordance with the following provisions of this section and without 
submitting an amendment to the State Medicaid plan. Such assistance 
shall be referred to as ``DRM assistance''.
    (b) DRM-Eligible Maria Survivor Defined.--
            (1) In general.--In this section, the term ``DRM-eligible 
        Maria Survivor'' means a Maria Survivor whose family income (as 
        determined under section 1902(e)(14) (relating to modified 
        adjusted gross income), subject to paragraphs (2) and (3) of 
        this subsection) does not exceed the higher of--
                    (A) the income eligibility standard which would 
                apply to the Survivor under the Medicaid plan of the 
                State in which the Survivor had a primary residence in 
                a direct impact area on any day during the week 
                preceding September 17, 2017; or
                    (B) the income eligibility standard that applies to 
                the Survivor under the Medicaid plan of the State in 
                which the Survivor temporarily is residing.
            (2) No resources, residency, or categorical eligibility 
        requirements.--Eligibility under paragraph (1) shall be 
        determined without application of any resources test, State 
        residency, or categorical eligibility requirements.
            (3) Disregard of ui benefits.--In determining the family 
        income of a Maria Survivor, the State shall disregard any 
        amount received under a law of the United States or of a State 
        which is in the nature of unemployment compensation by a Maria 
        Survivor during the DRM coverage period.
            (4) Definition of child.--For purposes of paragraph (1), a 
        DRM-eligible Maria Survivor shall be determined to be a 
        ``child'' in accordance with the definition of ``child'' under 
        the State Medicaid plan.
    (c) Eligibility Determination; No Continuation of DRM Assistance.--
            (1) Streamlined eligibility process.--The State shall use 
        the following streamlined procedures in processing applications 
        and determining eligibility for DRM assistance for DRM-eligible 
        Maria Survivors:
                    (A) A common 1-page application form developed by 
                the Secretary in consultation with the National 
                Association of State Medicaid Directors. Such form 
                shall--
                            (i) require an applicant to provide an 
                        expected address for the duration of the DRM 
                        coverage period and to agree to update that 
                        information if it changes during such period;
                            (ii) include notice regarding the penalties 
                        for making a fraudulent application;
                            (iii) require the applicant to assign to 
                        the State any rights of the applicant (or any 
                        other person who is a DRM-eligible Maria 
                        Survivor and on whose behalf the applicant has 
                        the legal authority to execute an assignment of 
                        such rights) under any group health plan or 
                        other third-party coverage for health care; and
                            (iv) require the applicant to list any 
                        health insurance coverage which the applicant 
                        was enrolled in immediately prior to submitting 
                        such application.
                    (B) Self-attestation by the applicant that the 
                applicant--
                            (i) is a DRM-eligible Maria Survivor; and
                            (ii) if applicable, requires home and 
                        community-based services provided under such 
                        DRM assistance.
                    (C) No requirement for documentation evidencing the 
                basis on which the applicant qualifies to be a DRM-
                eligible Maria Survivor or, if applicable, requires 
                home and community-based services.
                    (D) Issuance of a DRM assistance eligibility card 
                to an applicant who completes such application, 
                including the self-attestation required under 
                subparagraph (B). Such card shall be valid as long as 
                the DRM coverage period is in effect and shall be 
                accompanied by notice of the termination date for the 
                DRM coverage period and, if applicable, notice that 
                such termination date may be extended. If the Secretary 
                extends the DRM coverage period, the State shall notify 
                DRM-eligible Maria Survivors enrolled in DRM assistance 
                of the new termination date for the DRM coverage 
                period.
                    (E) If an applicant completes the application and 
                presents it to a provider or facility participating in 
                the State Medicaid plan that is qualified to make 
                presumptive eligibility determinations under such plan 
                (which at a minimum shall consist of facilities 
                identified in section 1902(a)(55) of the Social 
                Security Act (42 U.S.C. 1396a(a)(55))) and it appears 
                to the provider that the applicant is a DRM-eligible 
                Maria Survivor based on the information in the 
                application, the applicant will be deemed to be a DRM-
                eligible Maria Survivor eligible for DRM assistance in 
                accordance with this section.
                    (F) Continuous eligibility, without the need for 
                any redetermination of eligibility, for the duration of 
                the DRM coverage period.
            (2) No continuation of drm assistance.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), no DRM assistance shall be 
                provided after the end of the DRM coverage period.
                    (B) Presumptive eligibility.--In the case of any 
                DRM-eligible Maria Survivor who is receiving DRM 
                assistance from a State in accordance with this section 
                and who, as of the end of the DRM coverage period, has 
                an application pending for medical assistance under the 
                State Medicaid plan for periods beginning after the end 
                of such period, the State shall provide such Survivor 
                with a period of presumptive eligibility for medical 
                assistance under the State Medicaid plan (not to exceed 
                60 days) until a determination with respect to the 
                Survivor's application has been made.
                    (C) Pregnant women.--In the case of a DRM-eligible 
                Maria Survivor who is receiving DRM assistance from a 
                State in accordance with this section and whose 
                pregnancy ended during the 60-day period prior to the 
                end of the DRM coverage period, or who is pregnant as 
                of the end of such period, such Survivor shall continue 
                to be eligible for DRM assistance after the end of the 
                DRM coverage period, including (but not limited to) for 
                all pregnancy-related and postpartum medical assistance 
                available under the State Medicaid plan, through the 
                end of the month in which the 60-day period (beginning 
                on the last day of her pregnancy) ends.
            (3) Treatment of maria survivors provided assistance prior 
        to date of enactment.--Any Maria Survivor who is provided 
        medical assistance under a State Medicaid plan in accordance 
        with guidance from the Secretary during the period that begins 
        on September 17, 2017, and ends on the date of enactment of 
        this Act shall be treated as a DRM-eligible Maria Survivor, 
        without the need to file an additional application, for 
        purposes of eligibility for DRM assistance under this section.
    (d) Scope of Coverage.--
            (1) In general.--The State shall treat a DRM-eligible Maria 
        Survivor as an individual eligible for medical assistance under 
        the State Medicaid plan on the same basis for eligibility under 
        the State Medicaid plan as would apply to the Survivor if the 
        Survivor were a permanent resident of the State in which the 
        Survivor temporarily is residing. Coverage for such assistance 
        shall be retroactive to items and services furnished on or 
        after September 17, 2017.
            (2) Children born to pregnant women.--In the case of a 
        child born to a DRM-eligible Maria Survivor who is provided DRM 
        assistance during the DRM coverage period, such child shall be 
        treated as having been born to a pregnant woman eligible for 
        medical assistance under the State Medicaid plan and shall be 
        eligible for medical assistance under such plan in accordance 
        with section 1902(e)(4) of the Social Security Act (42 U.S.C. 
        1396a(e)(4)). The Federal medical assistance percentage 
        applicable to the State Medicaid plan shall apply to medical 
        assistance provided to a child under such plan in accordance 
        with the preceding sentence.
    (e) 100-Percent Federal Matching Payments.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), the Federal medical 
        assistance percentage or the Federal matching rate otherwise 
        applied under section 1903(a) of such Act (42 U.S.C. 1396b(a)) 
        shall be 100 percent for--
                    (A) providing DRM assistance to DRM-eligible Maria 
                Survivors during the DRM coverage period in accordance 
                with this section;
                    (B) costs directly attributable to administrative 
                activities related to the provision of such DRM 
                assistance; and
                    (C) DRM assistance provided in accordance with 
                subparagraph (B) or (C) of subsection (c)(2) after the 
                end of the DRM coverage period.
            (2) Disregard of payments.--Payments provided to a State in 
        accordance with this subsection shall be disregarded for 
        purposes of applying subsections (f) and (g) of section 1108 of 
        the Social Security Act (42 U.S.C. 1308).
            (3) Maintenance of effort.--A State that receives payments 
        in accordance with this subsection shall provide assurances to 
        the Secretary that the funds provided under this subsection 
        will be used to supplement and not supplant other Federal and 
        State funds used to provide medical assistance under the State 
        Medicaid plan.
    (f) Verification of Status as a Maria Survivor.--
            (1) In general.--A State shall make a good faith effort to 
        verify the status of an individual who is enrolled in the State 
        Medicaid plan as a DRM-eligible Maria Survivor under the 
        provisions of this section. Such effort shall not delay the 
        determination of the eligibility of the Survivor for DRM 
        assistance under this section.
            (2) Evidence of verification.--A State may satisfy the 
        verification requirement under subparagraph (A) with respect to 
        an individual by showing that the State providing DRM 
        assistance obtained information from the Social Security 
        Administration, the Internal Revenue Service, or the State 
        Medicaid Agency for the State from which the individual is from 
        (if the individual was not a resident of such State on any day 
        during the week preceding September 17, 2017).
    (g) Exemption From Error Rate Penalties.--All payments attributable 
to providing DRM assistance in accordance with this section shall be 
disregarded for purposes of section 1903(u) of the Social Security Act 
(42 U.S.C. 1396b(u)).
    (h) Provider Payment Rates.--In the case of any DRM assistance 
provided in accordance with this section to a DRM-eligible Maria 
Survivor that is covered under the State Medicaid plan (as applied 
without regard to this section) the State shall pay a provider of such 
assistance the same payment rate as the State would otherwise pay for 
the assistance if the assistance were provided under the State Medicaid 
plan (or, if no such payment rate applies under the State Medicaid 
plan, the usual and customary prevailing rate for the item or service 
for the community in which it is provided).
    (i) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights 
accorded to an individual who is a recipient of medical assistance 
under a State Medicaid plan who is determined to be a DRM-eligible 
Maria Survivor but the provision of DRM assistance to such individual 
shall be limited to the provision of such assistance in accordance with 
this section.
    (j) Definitions.--In this section:
            (1) Direct impact area.--The term ``direct impact area'' 
        means an area for which a major disaster has been declared by 
        the President before October 1, 2017, under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act by reason 
        of Hurricane Maria and which the President has determined 
        warrants individual and public assistance from the Federal 
        Government under such Act by reason of Hurricane Maria.
            (2) DRM coverage period.--
                    (A) In general.--The term ``DRM coverage period'' 
                means the period beginning on September 17, 2017, and, 
                subject to subparagraph (B), ending on such date as is 
                determined by the Secretary, in consultation with the 
                Administrator of the Federal Emergency Management 
                Agency, but not earlier than 24 months after the date 
                of enactment of this Act.
                    (B) Secretary authority to extend drm coverage 
                period.--The Secretary may extend the DRM coverage 
                period for an additional 6 months. Any reference to the 
                term ``DRM coverage period'' in this section shall 
                include any extension under this subparagraph.
            (3) Maria survivor.--
                    (A) In general.--The term ``Maria Survivor'' means 
                an individual who is described in subparagraph (B) or 
                (C).
                    (B) Residents of direct impact areas.--An 
                individual who, on any day during the week preceding 
                September 17, 2017, had a primary residence in a direct 
                impact area.
                    (C) Treatment of current medicaid beneficiaries.--
                Nothing in this section shall be construed as 
                preventing an individual who is otherwise entitled to 
                medical assistance under a State Medicaid plan from 
                being treated as a Maria Survivor under this section.
                    (D) Treatment of homeless persons.--For purposes of 
                this section, in the case of an individual who was 
                homeless on any day during the week described in 
                subparagraph (B), the individual's ``residence'' shall 
                be deemed to be the place of residence as otherwise 
                determined for such an individual under title XIX of 
                the Social Security Act.
            (4) Medicaid plan.--The term ``Medicaid plan'' means the 
        plan for medical assistance established by a State under title 
        XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and 
        includes any waiver of such plan that is in effect in the State 
        during the DRM coverage period.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) State.--The term ``State'' has the meaning given that 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
                                 <all>