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H.R. 1745 (ih) To reform asset forfeiture laws. ...
108th CONGRESS 1st Session H. R. 1744 To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 10, 2003 Mr. Levin (for himself and Mr. Castle) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program. 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 ``Welfare to Work Health Care Act of 2003''. SEC. 2. REVISION AND SIMPLIFICATION OF THE TRANSITIONAL MEDICAL ASSISTANCE PROGRAM (TMA). (a) Option of Continuous Eligibility for 12 Months; Option of Continuing Coverage for up to an Additional Year.-- (1) Option of continuous eligibility for 12 months by making reporting requirements optional.--Section 1925(b) of the Social Security Act (42 U.S.C. 1396r-6(b)) is amended-- (A) in paragraph (1), by inserting ``, at the option of a State,'' after ``and which''; (B) in paragraph (2)(A), by inserting ``Subject to subparagraph (C)--'' after ``(A) Notices.--''; (C) in paragraph (2)(B), by inserting ``Subject to subparagraph (C)--'' after ``(B) Reporting requirements.--''; (D) by adding at the end the following new subparagraph: ``(C) State option to waive notice and reporting requirements.--A State may waive some or all of the reporting requirements under clauses (i) and (ii) of subparagraph (B). Insofar as it waives such a reporting requirement, the State need not provide for a notice under subparagraph (A) relating to such requirement.''; and (E) in paragraph (3)(A)(iii), by inserting ``the State has not waived under paragraph (2)(C) the reporting requirement with respect to such month under paragraph (2)(B) and if'' after ``6-month period if''. (2) State option to extend eligibility for low-income individuals for up to 12 additional months.--Section 1925 of such Act (42 U.S.C. 1396r-6) is further amended-- (A) by redesignating subsections (c) through (f) as subsections (d) through (g); and (B) by inserting after subsection (b) the following new subsection: ``(c) State Option of up to 12 Months of Additional Eligibility.-- ``(1) In general.--Notwithstanding any other provision of this title, each State plan approved under this title may provide, at the option of the State, that the State shall offer to each family which received assistance during the entire 6- month period under subsection (b) and which meets the applicable requirement of paragraph (2), in the last month of the period the option of extending coverage under this subsection for the succeeding period not to exceed 12 months. ``(2) Income restriction.--The option under paragraph (1) shall not be made available to a family for a succeeding period unless the State determines that the family's average gross monthly earnings (less such costs for such child care as is necessary for the employment of the caretaker relative) as of the end of the 6-month period under subsection (b) does not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(3) Application of extension rules.--The provisions of paragraphs (2), (3), (4), and (5) of subsection (b) shall apply to the extension provided under this subsection in the same manner as they apply to the extension provided under subsection (b)(1), except that for purposes of this subsection-- ``(A) any reference to a 6-month period under subsection (b)(1) is deemed a reference to the extension period provided under paragraph (1) and any deadlines for any notices or reporting and the premium payment periods shall be modified to correspond to the appropriate calendar quarters of coverage provided under this subsection; and ``(B) any reference to a provision of subsection (a) or (b) is deemed a reference to the corresponding provision of subsection (b) or of this subsection, respectively.''. (b) State Option To Waive Receipt of Medicaid for 3 of Previous 6 Months To Qualify for TMA.--Section 1925(a)(1) of such Act (42 U.S.C. 1396r-6(a)(1)) is amended by adding at the end the following: ``A State may, at its option, also apply the previous sentence in the case of a family that was receiving such aid for fewer than 3 months, or that had applied for and was eligible for such aid for fewer than 3 months, during the 6 immediately preceding months described in such sentence.''. (c) Elimination of Sunset for TMA.-- (1) Subsection (g) of section 1925 of such Act (42 U.S.C. 1396r-6), as redesignated under subsection (a)(2), is repealed. (2) Section 1902(e)(1) of such Act (42 U.S.C. 1396a(e)(1)) is amended by striking ``(A) Nothwithstanding'' and all that follows through ``During such period, for'' in subparagraph (B) and inserting ``For''. (d) CMS Report on Enrollment and Participation Rates Under TMA.-- Section 1925 of such Act, as amended by subsections (a)(2) and (c), is amended by adding at the end the following new subsection: ``(g) Additional Provisions.-- ``(1) Collection and reporting of participation information.--Each State shall-- ``(A) collect and submit to the Secretary, in a format specified by the Secretary, information on average monthly enrollment and average monthly participation rates for adults and children under this section; and ``(B) make such information publicly available. Such information shall be submitted under subparagraph (A) at the same time and frequency in which other enrollment information under this title is submitted to the Secretary. Using such information, the Secretary shall submit to Congress annual reports concerning such rates.''. (e) Coordination of Work.--Section 1925(g) of such Act, as added by subsection (d), is amended by adding at the end the following new paragraph: ``(2) Coordination with administration for children and families.--The Administrator of the Centers for Medicare & Medicaid Services, in carrying out this section, shall work with the Assistant Secretary for the Administration for Children and Families to develop guidance or other technical assistance for States regarding best practices in guaranteeing access to transitional medical assistance under this section.''. (f) Elimination of TMA Requirement for States That Extend Coverage to Children and Parents Through 185 Percent of Poverty.-- (1) In general.--Section 1925 of such Act is further amended by adding at the end the following new subsection: ``(h) Provisions Optional for States That Extend Coverage to Children and Parents Through 185 Percent of Poverty.--A State may (but is not required to) meet the requirements of subsections (a) and (b) if it provides for medical assistance under section 1931 to families (including both children and caretaker relatives) the average gross monthly earning of which (less such costs for such child care as is necessary for the employment of a caretaker relative) is at or below a level that is at least 185 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.''. (2) Conforming amendments.--Such section is further amended, in subsections (a)(1) and (b)(1), by inserting ``, but subject to subsection (h),'' after ``Notwithstanding any other provision of this title,'' each place it appears. (g) Extending Use of Outstationed Workers To Accept Applications for Transitional Medical Assistance.--Section 1902(a)(55) of such Act (42 U.S.C. 1396a(a)(55)) is amended by inserting ``and under section 1931'' after ``(a)(10)(A)(ii)(IX)''. (h) Effective Dates.--(1) Except as provided in this subsection, the amendments made by this section shall apply to calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. <all>
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