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Medicaid Expansion Repeal and State Flexibility Act

H.R. 1404 · 113th Congress · Mar 25, 2013 · Lineage

A BILL

To amend title XIX of the Social Security Act to eliminate the increased Federal medical assistance percentage under the State plan with respect to newly eligible mandatory individuals under Medicaid, to provide States with greater flexibility under Medicaid, and for other purposes.

Section 1 Short title

This Act may be cited as the “Medicaid Expansion Repeal and State Flexibility Act”.

Sec. 2 Eliminating increased FMAP under State plan with respect to newly eligible mandatory individuals and related equitable support for certain States

(a)
In general— Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by striking subsections (y) and (z).
(b)
Conforming amendments— Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by subsection (a), is further amended—
(1)
in subsection (b), by striking “subsections (y), (z), and (aa)” and inserting “subsection (aa)”;
(2)
in subsection (aa), by striking “, subsections (y) and (z),” each place it appears; and
(3)
in the first sentence of subsection (cc)—
(A)
by striking “subsections (y), (z), and (aa)” and inserting “subsection (aa)”; and
(B)
by striking “such subsections” and inserting “such subsection”.
(c)
Effective date— The amendments made by this section shall apply with respect to payments to States for items and services furnished on or after the first day of the first State fiscal year that begins after the date of the enactment of this Act.

Sec. 3 Providing greater flexibility to States by eliminating certain requirements imposed by Patient Protection and Affordable Care Act

(a)
Repeal of maintenance of effort requirement— Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by striking subsection (gg).
(b)
Repeal of minimum essential coverage requirement for Medicaid benchmark benefits— Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)) is amended by striking paragraph (5).
(c)
Conforming amendments—
(1)
State plan requirements— Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (74).
(2)
Modified adjusted gross income— Paragraph (14)(A) (related to modified adjusted gross income) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by section 2002(a) of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended by striking the third sentence.
(3)
Benchmark benefit packages— Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)) is amended—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking “paragraphs (5) and (6)” and inserting “paragraph (6)”; and
(B)
in paragraph (2), in the matter preceding subparagraph (A), by striking “paragraphs (5) and (6)” and inserting “paragraph (6)”.