QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005
PL 109-91 (H.R.3971), enacted 10/20/2005

119 STAT. 2091
PUBLIC LAW 109–91—OCT. 20, 2005
Public Law 109–91
109th Congress
An Act
To extend medicare cost-sharing for qualifying individuals through September 2007,
to extend transitional medical assistance and the program for abstinence education
through December 2005, to provide unemployment relief for States and individuals
affected by Hurricane Katrina, 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 ‘‘QI, TMA, and Abstinence Pro-
grams Extension and Hurricane Katrina Unemployment Relief Act
of 2005’’.
TITLE I—HEALTH PROVISIONS
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) THROUGH SEPTEMBER 2007.—Section 1902(a)(10)(E)(iv) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended
by striking ‘‘September 2005’’ and inserting ‘‘September 2007’’.
(b) EXTENDING TOTAL AMOUNT AVAILABLE FOR ALLOCATION.—
Section 1933(g) of such Act (42 U.S.C. 1396u–3(g)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘and’’ at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C) and inserting a semicolon; and
(C) by adding at the end the following new subpara-
graphs:
‘‘(D) for the period that begins on October 1, 2005,
and ends on December 31, 2005, the total allocation amount
is $100,000,000;
‘‘(E) for the period that begins on January 1, 2006,
and ends on September 30, 2006, the total allocation
amount is $300,000,000;
‘‘(F) for the period that begins on October 1, 2006,
and ends on December 31, 2006, the total allocation amount
is $100,000,000; and
‘‘(G) for the period that begins on January 1, 2007,
and ends on September 30, 2007, the total allocation
amount is $300,000,000.’’; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ‘‘, (D), or (F)’’ after ‘‘subparagraph (B)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall be effective as of September 30, 2005.
42 USC 1396a
note.
42 USC 1305
note.
QI, TMA, and
Abstinence
Programs
Extension and
Hurricane
Katrina
Unemployment
Relief Act of
2005.
Oct. 20, 2005
[H.R. 3971]
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119 STAT. 2092
PUBLIC LAW 109–91—OCT. 20, 2005
SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA)
AND ABSTINENCE EDUCATION PROGRAM.
Effective as if enacted on September 30, 2005, activities author-
ized by sections 510 and 1925 of the Social Security Act shall
continue through December 31, 2005, in the manner authorized
for fiscal year 2005, notwithstanding section 1902(e)(1)(A) of such
Act, and out of any money in the Treasury of the United States
not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and payments
may be made pursuant to this authority through the first quarter
of fiscal year 2006 at the level provided for such activities through
the first quarter of fiscal year 2005.
SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED
FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNC-
TION.
(a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the Social Secu-
rity Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended—
(1) by striking the period at the end and inserting ‘‘, as
such sections were in effect on the date of the enactment
of this part.’’; and
(2) by adding at the end the following: ‘‘Such term also
does not include a drug when used for the treatment of sexual
or erectile dysfunction, unless such drug were used to treat
a condition, other than sexual or erectile dysfunction, for which
the drug has been approved by the Food and Drug Administra-
tion.’’.
(b) CONSTRUCTION.—Nothing in this section shall be construed
as preventing a prescription drug plan or an MA–PD plan from
providing coverage of drugs for the treatment of sexual or erectile
dysfunction as supplemental prescription drug coverage under sec-
tion 1860D–2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395w–102(a)(2)(A)(ii)).
(c) EFFECTIVE DATES.—The amendment made by subsection
(a)(1) shall take effect as if included in the enactment of the Medi-
care Prescription Drug, Improvement, and Modernization Act of
2003 (Public Law 108–173) and the amendment made by subsection
(a)(2) shall apply to coverage for drugs dispensed on or after
January 1, 2007.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED
FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNC-
TION.
(a) IN GENERAL.—Section 1927(d)(2) of the Social Security Act
(42 U.S.C. 1396r–8(d)(2)) is amended by adding at the end the
following new subparagraph:
‘‘(K) Agents when used for the treatment of sexual
or erectile dysfunction, unless such agents are used to
treat a condition, other than sexual or erectile dysfunction,
for which the agents have been approved by the Food
and Drug Administration.’’.
(b) ELIMINATION OF FEDERAL PAYMENT UNDER MEDICAID PRO-
GRAM.—Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20)
and inserting ‘‘; or’’; and
42 USC
1395w–102 note.
42 USC
1395w–102 note.
Effective date.
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119 STAT. 2093
PUBLIC LAW 109–91—OCT. 20, 2005
(3) by inserting after paragraph (20) the following new
paragraph:
‘‘(21) with respect to amounts expended for covered out-
patient drugs described in section 1927(d)(2)(K) (relating to
drugs when used for treatment of sexual or erectile dysfunc-
tion).’’.
(c) CLARIFICATION OF NO EFFECT ON DETERMINATION OF BASE
EXPENDITURES.—Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.
1396v(c)(3)(B)(ii)(II)) is amended by inserting ‘‘, including drugs
described in subparagraph (K) of section 1927(d)(2)’’ after ‘‘1860D–
2(e)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to drugs dispensed on or after January 1, 2006.
TITLE II—ASSISTANCE RELATING TO
UNEMPLOYMENT
SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.
Section 903 of the Social Security Act (42 U.S.C. 1103) is
amended by adding at the end the following:
‘‘(e) SPECIAL TRANSFER IN FISCAL YEAR 2006.—Not later than
10 days after the date of the enactment of this subsection, the
Secretary of the Treasury shall transfer from the Federal unemploy-
ment account—
‘‘(1) $15,000,000 to the account of Alabama in the
Unemployment Trust Fund;
‘‘(2) $400,000,000 to the account of Louisiana in the
Unemployment Trust Fund; and
‘‘(3) $85,000,000 to the account of Mississippi in the
Unemployment Trust Fund.’’.
SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINIS-
TRATION TO ADDRESS HURRICANE KATRINA.
Notwithstanding any provision of section 302(a) or 303(a)(8)
of the Social Security Act, any State may, on or after August
28, 2005, use any amounts received by such State pursuant to
title III of the Social Security Act to assist in the administration
of claims for compensation on behalf of any other State if a major
disaster was declared with respect to such other State or any
area within such other State under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of Hurricane
Katrina.
Deadline.
42 USC 1396b
note.
42 USC 1396u–5.
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119 STAT. 2094
PUBLIC LAW 109–91—OCT. 20, 2005
LEGISLATIVE HISTORY—H.R. 3971:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Oct. 6, considered and passed House.
Oct. 7, considered and passed Senate, amended.
Oct. 19, House concurred in Senate amendment with amendments, pursuant
to H. Res. 501. Senate concurred in House amendments.
SEC. 203. REGULATIONS.
The Secretary of Labor may prescribe any operating instruc-
tions or regulations necessary to carry out this title and any amend-
ment made by this title.
Approved October 20, 2005.
42 USC 1103
note.
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