Medicaid Extenders Act of 2019
PL 116-3 (H.R.259), enacted 01/24/2019

[116th Congress Public Law 3]
[From the U.S. Government Publishing Office]



[[Page 5]]

                     MEDICAID EXTENDERS ACT OF 2019

[[Page 133 STAT. 6]]

Public Law 116-3
116th Congress

                                 An Act


 
    To extend the Medicaid Money Follows the Person <<NOTE: Jan. 24, 
2019 -  [H.R. 259]>> Rebalancing demonstration, to extend protection for 
Medicaid recipients of home and community-based services against spousal 
                 impoverishment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Medicaid 
Extenders Act of 2019.>> 
SECTION 1. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE.

    This Act may be cited as the ``Medicaid Extenders Act of 2019''.
SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING 
                    DEMONSTRATION.

    (a) General Funding.--Section 6071(h) of the Deficit Reduction Act 
of 2005 (42 U.S.C. 1396a note) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) subject to paragraph (3), $112,000,000 for 
                fiscal year 2019.'';
            (2) in paragraph (2)--
                    (A) by striking ``Amounts made'' and inserting 
                ``Subject to paragraph (3), amounts made''; and
                    (B) by striking ``September 30, 2016'' and inserting 
                ``September 30, 2021''; and
            (3) by adding at the end the following new paragraph:
            ``(3) <<NOTE: Grants. State and local 
        governments. Deadline.>>  Special rule for fy 2019.--Funds 
        appropriated under paragraph (1)(F) shall be made available for 
        grants to States only if such States have an approved MFP 
        demonstration project under this section as of December 31, 
        2018.''.

    (b) Funding for Quality Assurance and Improvement; Technical 
Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of 
2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and 
inserting the following:
            ``(2) Funding.--From the amounts appropriated under 
        subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be 
        available to the Secretary for such fiscal year to carry out 
        this subsection.''.

    (c) Technical Amendment.--Section 6071(b) of the Deficit Reduction 
Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the 
following:
            ``(10) <<NOTE: Definition.>>  Secretary.--The term 
        `Secretary' means the Secretary of Health and Human Services.''.

[[Page 133 STAT. 7]]

SEC. 3. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME 
                    AND COMMUNITY-BASED SERVICES AGAINST SPOUSAL 
                    IMPOVERISHMENT.

    (a) <<NOTE: Time period.>>  In General.--Section 2404 of Public Law 
111-148 (42 U.S.C. 1396r-5 note) is amended by striking ``the 5-year 
period that begins on January 1, 2014,'' and inserting ``the period 
beginning on January 1, 2014, and ending on March 31, 2019,''.

    (b) <<NOTE: 42 USC 1396r-5 note.>>  Rule of Construction.--
            (1) Protecting state spousal income and asset disregard 
        flexibility under waivers and plan amendments.--Nothing in 
        section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or 
        section 1924 of the Social Security Act (42 U.S.C. 1396r-5) 
        shall be construed as prohibiting a State from disregarding an 
        individual's spousal income and assets under a State waiver or 
        plan amendment described in paragraph (2) for purposes of making 
        determinations of eligibility for home and community-based 
        services or home and community-based attendant services and 
        supports under such waiver or plan amendment.
            (2) State waiver or plan amendment described.--A State 
        waiver or plan amendment described in this paragraph is any of 
        the following:
                    (A) A waiver or plan amendment to provide medical 
                assistance for home and community-based services under a 
                waiver or plan amendment under subsection (c), (d), or 
                (i) of section 1915 of the Social Security Act (42 
                U.S.C. 1396n) or under section 1115 of such Act (42 
                U.S.C. 1315).
                    (B) A plan amendment to provide medical assistance 
                for home and community-based services for individuals by 
                reason of being determined eligible under section 
                1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) 
                or by reason of section 1902(f) of such Act (42 U.S.C. 
                1396a(f)) or otherwise on the basis of a reduction of 
                income based on costs incurred for medical or other 
                remedial care under which the State disregarded the 
                income and assets of the individual's spouse in 
                determining the initial and ongoing financial 
                eligibility of an individual for such services in place 
                of the spousal impoverishment provisions applied under 
                section 1924 of such Act (42 U.S.C. 1396r-5).
                    (C) A plan amendment to provide medical assistance 
                for home and community-based attendant services and 
                supports under section 1915(k) of such Act (42 U.S.C. 
                1396n(k)).
SEC. 4. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT ASSET 
                    VERIFICATION PROGRAM.

    Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended 
by adding at the end the following new subsection:
    ``(k) Reduction in FMAP After 2020 for Non-Compliant States.--
            ``(1) <<NOTE: Time periods.>>  In general.--With respect to 
        a calendar quarter beginning on or after January 1, 2021, the 
        Federal medical assistance percentage otherwise determined under 
        section 1905(b) for a non-compliant State shall be reduced--
                    ``(A) for calendar quarters in 2021 and 2022, by 
                0.12 percentage points;

[[Page 133 STAT. 8]]

                    ``(B) for calendar quarters in 2023, by 0.25 
                percentage points;
                    ``(C) for calendar quarters in 2024, by 0.35 
                percentage points; and
                    ``(D) for calendar quarters in 2025 and each year 
                thereafter, by 0.5 percentage points.
            ``(2) Non-compliant state defined.--For purposes of this 
        subsection, the term `non-compliant State' means a State--
                    ``(A) that is one of the 50 States or the District 
                of Columbia;
                    ``(B) with respect to which the Secretary has not 
                approved a State plan amendment submitted under 
                subsection (a)(2); and
                    ``(C) that is not operating, on an ongoing basis, an 
                asset verification program in accordance with this 
                section.''.
SEC. 5. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended by striking ``$31,000,000'' and inserting 
``$6,000,000''.

    Approved January 24, 2019.

LEGISLATIVE HISTORY--H.R. 259:
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CONGRESSIONAL RECORD, Vol. 165 (2019):
            Jan. 8, considered and passed House.
            Jan. 17, considered and passed Senate.

                                  <all>