TMA, Abstinence Education, and QI Programs Extension Act of 2007
PL 110-90 (H.R.3668), enacted 09/29/2007

121 STAT. 984 
PUBLIC LAW 110–90—SEPT. 29, 2007 
Public Law 110–90 
110th Congress 
An Act 
To provide for the extension of transitional medical assistance (TMA), the abstinence 
education program, and the qualifying individuals (QI) program, 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 ‘‘TMA, Abstinence Education, 
and QI Programs Extension Act of 2007’’. 
SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) 
AND 
ABSTINENCE 
EDUCATION 
PROGRAM 
THROUGH 
DECEMBER 31, 2007. 
Section 401 of division B of the Tax Relief and Health Care 
Act of 2006 (Public Law 109–432), as amended by section 1 of 
Public Law 110–48, is amended— 
(1) by striking ‘‘September 30’’ and inserting ‘‘December 
31’’; 
(2) by striking ‘‘for fiscal year 2006’’ and inserting ‘‘for 
fiscal year 2007’’; 
(3) by striking ‘‘the fourth quarter of fiscal year 2007’’ 
and inserting ‘‘the first quarter of fiscal year 2008’’; and 
(4) by striking ‘‘the fourth quarter of fiscal year 2006’’ 
and inserting ‘‘the first quarter of fiscal year 2007’’. 
SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM 
THROUGH DECEMBER 2007. 
(a) THROUGH DECEMBER 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 2007’’ and inserting ‘‘December 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 (F); 
(B) by striking the period at the end of subparagraph 
(G) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(H) for the period that begins on October 1, 2007, 
and ends on December 31, 2007, the total allocation amount 
is $100,000,000.’’; and 
(2) in paragraph (3), in the matter preceding subparagraph 
(A), by striking ‘‘or (F)’’ and inserting ‘‘(F), or (H)’’. 
Ante, p. 244. 
TMA, Abstinence 
Education, and 
QI Programs 
Extension Act 
of 2007. 
42 USC 1305 
note. 
Sept. 29, 2007 
[H.R. 3668] 
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121 STAT. 985 
PUBLIC LAW 110–90—SEPT. 29, 2007 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall be effective as of September 30, 2007. 
SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION 
PROJECT TO THE MEDICAID PROGRAM. 
(a) IN GENERAL.—Beginning on October 1, 2007, and ending 
on September 30, 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 Security 
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 operating and only 
for the period in which such project is otherwise provided. 
(c) RULES OF APPLICATION.—For purposes of carrying out sub-
section (a), notwithstanding any other provision of law, information 
obtained from a financial institution that is used for purposes 
of eligibility determinations under such demonstration project with 
respect to the Secretary of Health and Human Services under 
the SSI program 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 Security Act under 
this subsection, references to the Commissioner 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. 
SEC. 5. 6-MONTH DELAY IN REQUIREMENT TO USE TAMPER-RESISTANT 
PRESCRIPTION PADS UNDER MEDICAID. 
Effective as if included in the enactment of section 7002(b) 
of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 
28, 121 Sta. 187), paragraph (2) of such section is amended by 
striking ‘‘September 30, 2007’’ and inserting ‘‘March 31, 2008’’. 
SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSIST-
ANCE AND QUALITY INITIATIVE FUND. 
Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w– 
4(l)(2)) is amended— 
(1) in subparagraph (A), by adding at the end the following: 
‘‘In addition, there shall be available to the Fund for expendi-
tures during 2009 an amount equal to $325,000,000 and for 
expenditures during or after 2013 an amount equal to 
$60,000,000.’’; and 
(2) in subparagraph (B)— 
(A) in the heading, by striking ‘‘FURNISHED DURING 
2008’’; 
(B) by striking ‘‘specified in subparagraph (A)’’ and 
inserting ‘‘specified in the first sentence of subparagraph 
(A)’’; and 
(C) by inserting after ‘‘furnished during 2008’’ the fol-
lowing: ‘‘and for the obligation of the entire first amount 
specified in the second sentence of such subparagraph for 
payment with respect to physicians’ services furnished 
42 USC 1396b 
note. 
Effective date. 
42 USC 1396b 
note. 
Effective date. 
Termination 
date. 
42 USC 1396a 
note. 
42 USC 1396a 
note. 
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121 STAT. 986 
PUBLIC LAW 110–90—SEPT. 29, 2007 
during 2009 and of the entire second amount so specified 
for payment with respect to physicians’ services furnished 
on or after January 1, 2013’’. 
SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 
AND 2009 OF A PROSPECTIVE DOCUMENTATION AND CODING 
ADJUSTMENT IN RESPONSE TO THE IMPLEMENTATION OF 
THE MEDICARE SEVERITY DIAGNOSIS RELATED GROUP (MS– 
DRG) SYSTEM UNDER THE MEDICARE PROSPECTIVE PAY-
MENT SYSTEM FOR INPATIENT HOSPITAL SERVICES. 
(a) IN GENERAL.—In implementing the final rule published 
on August 22, 2007, on pages 47130 through 48175 of volume 
72 of the Federal Register, the Secretary of Health and Human 
Services (in this section referred to as the ‘‘Secretary’’) shall apply 
prospective documentation and coding adjustments (made in 
response to the implementation of a Medicare Severity Diagnosis 
Related Group (MS–DRG) system under the hospital inpatient 
prospective payment system under section 1886(d) of the Social 
Security Act (42 U.S.C. 1395ww(d)) of— 
(1) for discharges occurring during fiscal year 2008, 0.6 
percent rather than the 1.2 percent specified in such final 
rule; and 
(2) for discharges occurring during fiscal year 2009, 0.9 
percent rather than the 1.8 percent specified in such final 
rule. 
(b) SUBSEQUENT ADJUSTMENTS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, if the Secretary determines that implementation of such 
Medicare Severity Diagnosis Related Group (MS–DRG) system 
resulted in changes in coding and classification that did not 
reflect real changes in case mix under section 1886(d) of the 
Social Security Act (42 U.S.C. 1395ww(d)) for discharges occur-
ring during fiscal year 2008 or 2009 that are different than 
the prospective documentation and coding adjustments applied 
under subsection (a), the Secretary shall— 
(A) make an appropriate adjustment under paragraph 
(3)(A)(vi) of such section 1886(d); and 
(B) make an additional adjustment to the standardized 
amounts under such section 1886(d) for discharges occur-
ring only during fiscal years 2010, 2011, and 2012 to offset 
the estimated amount of the increase or decrease in aggre-
gate payments (including interest as determined by the 
Secretary) determined, based upon a retrospective evalua-
tion of claims data submitted under such Medicare Severity 
Diagnosis Related Group (MS–DRG) system, by the Sec-
retary with respect to discharges occurring during fiscal 
years 2008 and 2009. 
(2) REQUIREMENT.—Any adjustment under paragraph (1)(B) 
shall reflect the difference between the amount the Secretary 
estimates that implementation of such Medicare Severity Diag-
nosis Related Group (MS–DRG) system resulted in changes 
in coding and classification that did not reflect real changes 
in case mix and the prospective documentation and coding 
adjustments applied under subsection (a). An adjustment made 
under paragraph (1)(B) for discharges occurring in a year shall 
not be included in the determination of standardized amounts 
for discharges occurring in a subsequent year. 
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121 STAT. 987 
PUBLIC LAW 110–90—SEPT. 29, 2007 
LEGISLATIVE HISTORY—H.R. 3668: 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Sept. 26, considered and passed House. 
Sept. 27, considered and passed Senate. 
(3) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed as— 
(A) requiring the Secretary to adjust the average 
standardized amounts under paragraph (3)(A)(vi) of such 
section 1886(d) other than as provided under this section; 
or 
(B) providing authority to apply the adjustment under 
paragraph (1)(B) other than for discharges occurring during 
fiscal years 2010, 2011, and 2012. 
(4) JUDICIAL REVIEW.—There shall be no administrative 
or judicial review under section 1878 of the Social Security 
Act (42 U.S.C. 1395oo) or otherwise of any determination or 
adjustments made under this subsection. 
Approved September 29, 2007. 
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