H.R. 3922 — what changed
Continuing Community Health And Medical Professional Programs to Improve Our Nation, Increase National Gains, and Help Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act of 2017
From Reported in House to Engrossed in House. 6 sections amended, 11 added, and 1 removed between Reported in House and Engrossed in House.
Section 1 Short title
changed
This Act may be cited as the “Community “Continuing Community Health And Medical Professionals Professional Programs to Improve Our Nation Nation, Increase National Gains, and Help Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act of 2017” or the “CHAMPION “CHAMPIONING HEALTHY KIDS Act”.
Sec. 100 Short title
addedadded This division may be cited as the “Community Health And Medical Professionals Improve Our Nation Act of 2017” or the “CHAMPION Act”.
Sec. 101 Extension for community health centers, the National Health Service Corps, and teaching health centers that operate GME programs
“(1) Centers—The Secretary”
“(d) Improving quality of care
“(1) Supplemental awards—The Secretary may award supplemental grant funds to health centers funded under this section to implement evidence-based models for increasing access to high-quality primary care services, which may include models related to—
“(A) improving the delivery of care for individuals with multiple chronic conditions;
“(B) workforce configuration;
“(C) reducing the cost of care;
“(D) enhancing care coordination;
“(E) expanding the use of telehealth and technology-enabled collaborative learning and capacity building models;
“(F) care integration, including integration of behavioral health, mental health, or substance use disorder services; and
“(G) addressing emerging public health or substance use disorder issues to meet the health needs of the population served by the health center.
“(2) Sustainability—In making supplemental awards under this subsection, the Secretary may consider whether the health center involved has submitted a plan for continuing the activities funded under this subsection after supplemental funding is expended.
“(3) Special consideration—The Secretary may give special consideration to applications for supplemental funding under this subsection that seek to address significant barriers to access to care in areas with a greater shortage of health care providers and health services relative to the national average.”
“(i) the purchase”
“(ii) the provision of training and technical assistance; and
“(iii) other activities that—
“(I) reduce costs associated with the provision of health services;
“(II) improve access to, and availability of, health services provided to individuals served by the centers;
“(III) enhance the quality and coordination of health services; or
“(IV) improve the health status of communities.”
added “(6) New access points and expanded services
added “(A) Approval of new access points
added “(i) In general—The Secretary may approve applications for grants under subparagraph (A) or (B) of paragraph (1) to establish new delivery sites.
added “(ii) Special consideration—In carrying out clause (i), the Secretary may give special consideration to applicants that have demonstrated the new delivery site will be located within a sparsely populated area, or an area which has a level of unmet need that is higher relative to other applicants.
added “(iii) Consideration of applications—In carrying out clause (i), the Secretary shall approve applications for grants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by the applicants is not less than two to three or greater than three to two.
added “(iv) Service area overlap—If in carrying out clause (i) the applicant proposes to serve an area that is currently served by another health center funded under this section, the Secretary may consider whether the award of funding to an additional health center in the area can be justified based on the unmet need for additional services within the catchment area.
added “(B) Approval of expanded service applications
added “(i) In general—The Secretary may approve applications for grants under subparagraph (A) or (B) of paragraph (1) to expand the capacity of the applicant to provide required primary health services described in subsection (b)(1) or additional health services described in subsection (b)(2).
added “(ii) Priority expansion projects—In carrying out clause (i), the Secretary may give special consideration to expanded service applications that seek to address emerging public health or behavioral health, mental health, or substance abuse issues through increasing the availability of additional health services described in subsection (b)(2) in an area in which there are significant barriers to accessing care.
added “(iii) Consideration of applications—In carrying out clause (i), the Secretary shall approve applications for grants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by such applicants is not less than two to three or greater than three to two.”
removed
“(g) New access points and expanded services
removed
“(1) Approval of new access points
removed
“(A) In general—The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) to establish new delivery sites.
removed
“(B) Special consideration—In carrying out subparagraph (A), the Secretary may give special consideration to applicants that have demonstrated the new delivery site will be located within a sparsely populated area, or an area which has a level of unmet need that is higher relative to other applicants.
removed
“(C) Consideration of applications—In carrying out subparagraph (A), the Secretary shall approve applications for grants under subparagraphs (A) and (B) of subsection (e)(1) in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by the applicants is not less than two to three or greater than three to two.
removed
“(D) Service area overlap—If in carrying out subparagraph (A) the applicant proposes to serve an area that is currently served by another health center funded under this section, the Secretary may consider whether the award of funding to an additional health center in the area can be justified based on the unmet need for additional services within the catchment area.
removed
“(2) Approval of expanded service applications
removed
“(A) In general—The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) to expand the capacity of the applicant to provide required primary health services described in subsection (b)(1) or additional health services described in subsection (b)(2).
removed
“(B) Priority expansion projects—In carrying out subparagraph (A), the Secretary may give special consideration to expanded service applications that seek to address emerging public health or behavioral health, mental health, or substance abuse issues through increasing the availability of additional health services described in subsection (b)(2) in an area in which there are significant barriers to accessing care.
removed
“(C) Consideration of applications—In carrying out subparagraph (A), the Secretary shall approve applications for applicants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by such applicants is not less than two to three or greater than three to two.”
added “(D) in the case of an application for a grant pursuant to subsection (e)(6), a demonstration that the applicant has consulted with appropriate State and local government agencies, and health care providers regarding the need for the health services to be provided at the proposed delivery site.”
removed
“(D) in the case of an application for a grant pursuant to subsection (g)(1), a demonstration that the applicant has consulted with appropriate State and local government agencies, and health care providers regarding the need for the health services to be provided at the proposed delivery site.”
“(N) the center has written policies and procedures in place to ensure the appropriate use of Federal funds in compliance with applicable Federal statutes, regulations, and the terms and conditions of the Federal award.”
“(A) the distribution of funds for carrying out this section”
“(B) an assessment”
“(C) the distribution of awards and funding for new or expanded services in each of rural areas and urban areas;
“(D) the distribution of awards and funding for establishing new access points, and the number of new access points created;
“(E) the amount of unexpended funding for loan guarantees and loan guarantee authority under title XVI;
“(F) the rationale for any substantial changes in the distribution of funds;
“(G) the rate of closures for health centers and access points;
“(H) the number and reason for any grants awarded pursuant to subsection (e)(1)(B); and
added “(I) the number and reason for any waivers provided pursuant to subsection (q)(4).”
added “(5) Funding for participation of health centers in All of Us Research Program—In addition to any amounts made available pursuant to paragraph (1) of this subsection, section 402A of this Act, or section 10503 of the Patient Protection and Affordable Care Act, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the Secretary $25,000,000 for fiscal year 2018 to support the participation of health centers in the All of Us Research Program under the Precision Medicine Initiative under section 498E of this Act.”
removed
“(I) the number and reason for any waivers provided pursuant to subsection (r)(4).”
removed
“(5) Funding for participation of health centers in All of Us Research Program—In addition to any amounts made available pursuant to subsection (d) of this section, paragraph (1) of this subsection, section 402A of this Act, or section 10503 of the Patient Protection and Affordable Care Act, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the Secretary $25,000,000 for fiscal year 2018 to support the participation of health centers in the All of Us Research Program under the Precision Medicine Initiative under section 498E of this Act.”
added “(a) Payments
added “(1) In general—Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for, as appropriate—
added “(A) maintenance of existing approved graduate medical residency training programs;
added “(B) expansion of existing approved graduate medical residency training programs; and
added “(C) establishment of new approved graduate medical residency training programs.
added “(2) Priority—In making payments pursuant to paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that—
added “(A) serve a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or
added “(B) are located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).”
added “(1) In general—To carry out”
added “(2) Administrative expenses—Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.”
added “(D) The number of patients treated by residents described in paragraph (4).
added “(E) The number of visits by patients treated by residents described in paragraph (4).
added “(F) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents entering primary care practice (meaning any of the areas of practice listed in the definition of a primary care residency program in section 749A).
added “(G) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility—
added “(i) primarily serving a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or
added “(ii) located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).”
added “(2) New approved graduate medical residency training program—The term new approved graduate medical residency training program means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).”
Sec. 102 Extension for special diabetes programs
added “(D) $150,000,000 for each of fiscal years 2018 and 2019.”
removed
“(E) $150,000,000 for fiscal year 2019.”
Sec. 103 Extension for family-to-family health information centers
added Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is amended—
removed
“(a) Payments
removed
“(1) In general—Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for—
removed
“(A) maintenance of existing approved graduate medical residency training programs;
removed
“(B) expansion of existing approved graduate medical residency training programs; and
removed
“(C) establishment of new approved graduate medical residency training programs, as appropriate.
removed
“(2) Priority—In making payments pursuant to paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that—
removed
“(A) serve a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or
removed
“(B) are located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).”
removed
“(1) In general—To carry out”
added “(vii) $6,000,000 for each of fiscal years 2018 and 2019.”
removed
“(2) Administrative expenses—Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.”
removed
“(D) The number of patients treated by residents described in paragraph (4).
removed
“(E) The number of visits by patients treated by residents described in paragraph (4).
removed
“(F) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents entering primary care practice (meaning any of the areas of practice listed in the definition of a primary care residency program in section 749A).
removed
“(G) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility—
removed
“(i) primarily serving a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or
removed
“(ii) located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).”
added “(5) For purposes of this subsection—
added “(A) the term “Indian tribe” has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603);
added “(B) the term “State” means each of the 50 States and the District of Columbia; and
added “(C) the term “territory” means Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.”
removed
“(2) New approved graduate medical residency training program—The term new approved graduate medical residency training program means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).”
Sec. 104 Youth empowerment program; personal responsibility education
added “510. Youth empowerment program
added “(a) In general
added “(1) Allotments to States—For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 and 2019, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of—
added “(A) the amount appropriated pursuant to subsection (e)(1) for the fiscal year, minus the amount reserved under subsection (e)(2) for the fiscal year; and
added “(B) the proportion that the number of low-income children in the State bears to the total of such numbers of children for all the States.
added “(2) Other allotments
added “(A) Other entities—For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 and 2019, for any State which has not transmitted an application for the fiscal year under section 505(a), allot to one or more entities in the State the amount that would have been allotted to the State under paragraph (1) if the State had submitted such an application.
added “(B) Process—The Secretary shall select the recipients of allotments under subparagraph (A) by means of a competitive grant process under which—
added “(i) not later than 30 days after the deadline for the State involved to submit an application for the fiscal year under section 505(a), the Secretary publishes a notice soliciting grant applications; and
added “(ii) not later than 120 days after such deadline, all such applications must be submitted.
added “(b) Purpose
added “(1) In general—Except for research under paragraph (5) and information collection and reporting under paragraph (6), the purpose of an allotment under subsection (a) to a State (or to another entity in the State pursuant to subsection (a)(2)) is to enable the State or other entity to implement education exclusively on sexual risk avoidance (meaning voluntarily refraining from sexual activity).
added “(2) Required components—Education on sexual risk avoidance pursuant to an allotment under this section shall—
added “(A) ensure that the unambiguous and primary emphasis and context for each topic described in paragraph (3) is a message to youth that normalizes the optimal health behavior of avoiding nonmarital sexual activity;
added “(B) be medically accurate and complete;
added “(C) be age-appropriate; and
added “(D) be based on adolescent learning and developmental theories for the age group receiving the education.
added “(3) Topics—Education on sexual risk avoidance pursuant to an allotment under this section shall address each of the following topics:
added “(A) The holistic individual and societal benefits associated with personal responsibility, self-regulation, goal setting, healthy decisionmaking, and a focus on the future.
added “(B) The advantage of refraining from nonmarital sexual activity in order to improve the future prospects and physical and emotional health of youth.
added “(C) The increased likelihood of avoiding poverty when youth attain self-sufficiency and emotional maturity before engaging in sexual activity.
added “(D) The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families.
added “(E) How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex.
added “(F) How to resist and avoid, and receive help regarding, sexual coercion and dating violence, recognizing that even with consent teen sex remains a youth risk behavior.
added “(4) Contraception—Education on sexual risk avoidance pursuant to an allotment under this section shall ensure that—
added “(A) any information provided on contraception is medically accurate and ensures that students understand that contraception offers physical risk reduction, but not risk elimination; and
added “(B) the education does not include demonstrations, simulations, or distribution of contraceptive devices.
added “(5) Research
added “(A) In general—A State or other entity receiving an allotment pursuant to subsection (a) may use up to 20 percent of such allotment to build the evidence base for sexual risk avoidance education by conducting or supporting research.
added “(B) Requirements—Any research conducted or supported pursuant to subparagraph (A) shall be—
added “(i) rigorous;
added “(ii) evidence-based; and
added “(iii) designed and conducted by independent researchers who have experience in conducting and publishing research in peer-reviewed outlets.
added “(6) Information collection and reporting—A State or other entity receiving an allotment pursuant to subsection (a) shall, as specified by the Secretary—
added “(A) collect information on the programs and activities funded through the allotment; and
added “(B) submit reports to the Secretary on the data from such programs and activities.
added “(c) National evaluation
added “(1) In general—The Secretary shall—
added “(A) in consultation with appropriate State and local agencies, conduct one or more rigorous evaluations of the education funded through this section and associated data; and
added “(B) submit a report to the Congress on the results of such evaluations, together with a summary of the information collected pursuant to subsection (b)(6).
added “(2) Consultation—In conducting the evaluations required by paragraph (1), including the establishment of evaluation methodologies, the Secretary shall consult with relevant stakeholders.
added “(d) Applicability of certain provisions
added “(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c).
added “(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate.
added “(e) Funding
added “(1) In general—To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $75,000,000 for each of fiscal years 2018 and 2019.
added “(2) Reservation—The Secretary shall reserve, for each of fiscal years 2018 and 2019, not more than 20 percent of the amount appropriated pursuant to paragraph (1) for administering the program under this section, including the conducting of national evaluations and the provision of technical assistance to the recipients of allotments.”
removed
Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is amended—
removed
“(vii) $6,000,000 for each of fiscal years 2018 and 2019.”
removed
“(5) For purposes of this subsection—
removed
“(A) the term “Indian tribe” has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603);
removed
“(B) the term “State” means each of the 50 States and the District of Columbia; and
removed
“(C) the term “territory” means Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.”
Sec. 105 Youth empowerment program; personal responsibility education
removed
removed
“510. Youth empowerment program
removed
“(a) In general
removed
“(1) Allotments to States—For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 and 2019, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of—
removed
“(A) the amount appropriated pursuant to subsection (e)(1) for the fiscal year, minus the amount reserved under subsection (e)(2) for the fiscal year; and
removed
“(B) the proportion that the number of low-income children in the State bears to the total of such numbers of children for all the States.
removed
“(2) Other allotments
removed
“(A) Other entities—For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 and 2019, for any State which has not transmitted an application for the fiscal year under section 505(a), allot to one or more entities in the State the amount that would have been allotted to the State under paragraph (1) if the State had submitted such an application.
removed
“(B) Process—The Secretary shall select the recipients of allotments under subparagraph (A) by means of a competitive grant process under which—
removed
“(i) not later than 30 days after the deadline for the State involved to submit an application for the fiscal year under section 505(a), the Secretary publishes a notice soliciting grant applications; and
removed
“(ii) not later than 120 days after such deadline, all such applications must be submitted.
removed
“(b) Purpose
removed
“(1) In general—Except for research under paragraph (5) and information collection and reporting under paragraph (6), the purpose of an allotment under subsection (a) to a State (or to another entity in the State pursuant to subsection (a)(2)) is to enable the State or other entity to implement education exclusively on sexual risk avoidance (meaning voluntarily refraining from sexual activity).
removed
“(2) Required components—Education on sexual risk avoidance pursuant to an allotment under this section shall—
removed
“(A) ensure that the unambiguous and primary emphasis and context for each topic described in paragraph (3) is a message to youth that normalizes the optimal health behavior of avoiding nonmarital sexual activity;
removed
“(B) be medically accurate and complete;
removed
“(C) be age-appropriate; and
removed
“(D) be based on adolescent learning and developmental theories for the age group receiving the education.
removed
“(3) Topics—Education on sexual risk avoidance pursuant to an allotment under this section shall address each of the following topics:
removed
“(A) The holistic individual and societal benefits associated with personal responsibility, self-regulation, goal setting, healthy decisionmaking, and a focus on the future.
removed
“(B) The advantage of refraining from nonmarital sexual activity in order to improve the future prospects and physical and emotional health of youth.
removed
“(C) The increased likelihood of avoiding poverty when youth attain self-sufficiency and emotional maturity before engaging in sexual activity.
removed
“(D) The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families.
removed
“(E) How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex.
removed
“(F) How to resist and avoid, and receive help regarding, sexual coercion and dating violence, recognizing that even with consent teen sex remains a youth risk behavior.
removed
“(4) Contraception—Education on sexual risk avoidance pursuant to an allotment under this section shall ensure that—
removed
“(A) any information provided on contraception is medically accurate and ensures that students understand that contraception offers physical risk reduction, but not risk elimination; and
removed
“(B) the education does not include demonstrations, simulations, or distribution of contraceptive devices.
removed
“(5) Research
removed
“(A) In general—A State or other entity receiving an allotment pursuant to subsection (a) may use up to 20 percent of such allotment to build the evidence base for sexual risk avoidance education by conducting or supporting research.
removed
“(B) Requirements—Any research conducted or supported pursuant to subparagraph (A) shall be—
removed
“(i) rigorous;
removed
“(ii) evidence-based; and
removed
“(iii) designed and conducted by independent researchers who have experience in conducting and publishing research in peer-reviewed outlets.
removed
“(6) Information collection and reporting—A State or other entity receiving an allotment pursuant to subsection (a) shall, as specified by the Secretary—
removed
“(A) collect information on the programs and activities funded through the allotment; and
removed
“(B) submit reports to the Secretary on the data from such programs and activities.
removed
“(c) National evaluation
removed
“(1) In general—The Secretary shall—
removed
“(A) in consultation with appropriate State and local agencies, conduct one or more rigorous evaluations of the education funded through this section and associated data; and
removed
“(B) submit a report to the Congress on the results of such evaluations, together with a summary of the information collected pursuant to subsection (b)(6).
removed
“(2) Consultation—In conducting the evaluations required by paragraph (1), including the establishment of evaluation methodologies, the Secretary shall consult with relevant stakeholders.
removed
“(d) Applicability of certain provisions
removed
“(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c).
removed
“(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate.
removed
“(e) Funding
removed
“(1) In general—To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $75,000,000 for each of fiscal years 2018 and 2019.
removed
“(2) Reservation—The Secretary shall reserve, for each of fiscal years 2018 and 2019, not more than 20 percent of the amount appropriated pursuant to paragraph (1) for administering the program under this section, including the conducting of national evaluations and the provision of technical assistance to the recipients of allotments.”
Sec. 201 Providing for qualified health plan grace period requirements for issuer receipt of advance payments of cost-sharing reductions and premium tax credits that are more consistent with State law grace period requirements
“(C) Grace period specified—For purposes of subparagraph (B)(iv)(II), the grace period specified in this subparagraph is—
“(i) for plan years beginning before January 1, 2018, a 3-month grace period; and
“(ii) for plan years beginning on or after January 1, 2018—
“(I) in the case of an Exchange operating in a State that has a State law grace period in place, such State law grace period; and
“(II) in the case of an Exchange operating in a State that does not have a State law grace period in place, a 1-month grace period.
“(D) State law grace period—For purposes of subparagraph (C), the term “State law grace period” means, with respect to a State, a grace period for nonpayment of premiums before discontinuing coverage that is applicable under the State law to health insurance coverage offered in the individual market of the State.”
Sec. 300 Short title
addedadded This division may be cited as the “Helping Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act of 2017” or the “HEALTHY KIDS Act”.
Sec. 301 Five-year funding extension of the Children’s Health Insurance Program
addedadded “(21) for fiscal year 2018, $21,500,000,000;
added “(22) for fiscal year 2019, $22,600,000,000;
added “(23) for fiscal year 2020, $23,700,000,000;
added “(24) for fiscal year 2021, $24,800,000,000; and
added “(25) for fiscal year 2022, for purposes of making two semi-annual allotments—
added “(A) $2,850,000,000 for the period beginning on October 1, 2021, and ending on March 31, 2022; and
added “(B) $2,850,000,000 for the period beginning on April 1, 2022, and ending on September 30, 2022.”
added “(10) For fiscal year 2022
added “(A) First half—Subject to paragraphs (5) and (7), from the amount made available under subparagraph (A) of paragraph (25) of subsection (a) for the semi-annual period described in such subparagraph, increased by the amount of the appropriation for such period under section 301(b)(3) of the HEALTHY KIDS Act, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the first half ratio (described in subparagraph (D)) of the amount described in subparagraph (C).
added “(B) Second half—Subject to paragraphs (5) and (7), from the amount made available under subparagraph (B) of paragraph (25) of subsection (a) for the semi-annual period described in such subparagraph, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the amount made available under such subparagraph, multiplied by the ratio of—
added “(i) the amount of the allotment to such State under subparagraph (A); to
added “(ii) the total of the amount of all of the allotments made available under such subparagraph.
added “(C) Full year amount based on growth factor updated amount—The amount described in this subparagraph for a State is equal to the sum of—
added “(i) the amount of the State allotment for fiscal year 2021 determined under paragraph (2)(B)(i); and
added “(ii) the amount of any payments made to the State under subsection (n) for fiscal year 2021,
added “(D) First half ratio—The first half ratio described in this subparagraph is the ratio of—
added “(i) the sum of—
added “(I) the amount made available under subsection (a)(25)(A); and
added “(II) the amount of the appropriation for such period under section 301(b)(3) of the HEALTHY KIDS Act; to
added “(ii) the sum of—
added “(I) the amount described in clause (i); and
added “(II) the amount made available under subsection (a)(25)(B).”
added “(g) Use of blended risk pools
added “(1) In general—Nothing in this title (or any other provision of Federal law) shall be construed as preventing a State from considering children enrolled in a qualified CHIP look-alike program and children enrolled in a State child health plan under this title (or a waiver of such plan) as members of a single risk pool.
added “(2) Qualified CHIP look-alike program—In this subsection, the term qualified CHIP look-alike program means a State program—
added “(A) under which children who are under the age of 19 and are not eligible to receive medical assistance under title XIX or child health assistance under this title may purchase coverage through the State that provides benefits that are at least identical to the benefits provided under the State child health plan under this title (or a waiver of such plan); and
added “(B) that is funded exclusively through non-Federal funds, including funds received by the State in the form of premiums for the purchase of such coverage.”
Sec. 302 Extension of certain programs and demonstration projects
addedadded “(1) In general—Out of any”
added “(A) for each”
added “(B) for the period”
added “(C) for the period of fiscal years 2018 through 2022, $75,000,000 for the purpose of carrying out this section (other than subsections (e), (f), and (g)).
added “(2) Availability—Funds appropriated under this subsection shall remain available until expended.”
Sec. 303 Extension of outreach and enrollment program
addedadded “(5) Parent mentor—The term “parent mentor” means an individual who—
added “(A) is a parent or guardian of at least one child who is an eligible child under this title or title XIX; and
added “(B) is trained to assist families with children who have no health insurance coverage with respect to improving the social determinants of the health of such children, including by providing—
added “(i) education about health insurance coverage, including, with respect to obtaining such coverage, eligibility criteria and application and renewal processes;
added “(ii) assistance with completing and submitting applications for health insurance coverage;
added “(iii) a liaison between families and representatives of State plans under title XIX or State child health plans under this title;
added “(iv) guidance on identifying medical and dental homes and community pharmacies for children; and
added “(v) assistance and referrals to successfully address social determinants of children’s health, including poverty, food insufficiency, and housing.”
added “(J) Exclusion of parent mentor compensation from income determination—Any nominal amount received by an individual as compensation, including a stipend, for participation as a parent mentor (as defined in paragraph (5) of section 2113(f)) in an activity or program funded through a grant under such section shall be disregarded for purposes of determining the income eligibility of such individual for medical assistance under the State plan or any waiver of such plan.”
Sec. 304 Extension and reduction of additional Federal financial participation for CHIP
addedadded Section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) is amended in the second sentence by inserting “and during the period that begins on October 1, 2019, and ends on September 30, 2020, the enhanced FMAP determined for a State for a fiscal year (or for any portion of a fiscal year occurring during such period) shall be increased by 11.5 percentage points” after “23 percentage points,”.
Sec. 305 Modifying reductions in Medicaid DSH allotments
addedadded Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended—
added “(I) $4,000,000,000 for fiscal year 2020; and
added “(II) $8,000,000,000 for each of fiscal years 2021 through 2025.”
Sec. 306 Puerto Rico and the Virgin Islands Medicaid payments
addedadded “(C) The amount of the increase otherwise provided under subparagraph (A) for Puerto Rico shall be further increased by $880,000,000.
added “(D)
added “(i) For the period beginning October 1, 2017, and ending December 31, 2019, the amount of the increase otherwise provided under subparagraph (A) for Puerto Rico shall be further increased by $120,000,000 if the Financial Oversight and Management Board for Puerto Rico established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) certifies by a majority vote that Puerto Rico has taken reasonable and appropriate steps during such period to—
added “(I) reduce fraud, waste, and abuse under the program under title XIX;
added “(II) implement strategies to reduce unnecessary, inefficient, or excessive spending under title XIX;
added “(III) improve the use and availability of Medicaid data for program operation and oversight; and
added “(IV) improve the quality of care and patient experience for individuals enrolled under the program under title XIX.
added “(ii) As a condition of any additional increase pursuant to clause (i), not later than October 1, 2018, Puerto Rico shall submit to the Financial Oversight and Management Board for Puerto Rico a report regarding steps taken to achieve each of the goals described in subclauses (I) through (IV) of clause (i).
added “(E) Payments under section 1903(a)(8) for a quarter of a fiscal year shall not be taken into account in applying subsection (f) (as increased in accordance with this paragraph and paragraphs (1), (2), (3), and (4)) to Puerto Rico or the Virgin Islands for such fiscal year.
added “(F)
added “(i) For the period beginning October 1, 2017, and ending December 31, 2019, the amount of the increase otherwise provided under subparagraph (A) for the Virgin Islands shall be further increased by an amount equal to the per capita equivalent of the total amount of the increase provided for Puerto Rico under subparagraphs (C) and (D) for such period.
added “(ii) For purposes of clause (i), the term “per capita equivalent” means the ratio of—
added “(I) the population of the Virgin Islands, as determined by the most recent census estimate released by the Bureau of the Census before September 4, 2017; to
added “(II) the population of Puerto Rico, as so determined.”
added “(8) for quarters during the period beginning January 1, 2018, and ending December 31, 2019, paragraphs (2)(A) and (6) shall apply with respect to Puerto Rico and the Virgin Islands as if—
added “(A) the reference to “75 per centum” in paragraph (2)(A) were a reference to “90 per centum”; and
added “(B) the reference to “75 per centum” in paragraph (6)(B) were a reference to “90 per centum”.”
Sec. 401 Medicaid third party liability provisions
addedadded “(nn) Responsible Third Party and Health Insurer Definitions—For purposes of subsection (a)(25) and section 1903(d)(2)(B):
added “(1) Responsible third party—The term “responsible third party” means a health insurer, a pharmacy benefit manager to the extent the pharmacy benefit manager provides information under this title for the purpose of coordinating benefits, an accountable care organization under section 1899, or any other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. Such term does not include a party if payment by such party has been made or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State, or under an automobile or liability insurance policy or plan (including a self-insured plan), or under no fault insurance.
added “(2) Health insurer—The term “health insurer” means a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a self-insured plan, a fully-insured plan, a service benefit plan, a medicaid managed care plan under section 1903(m) or 1932, and any other health plan determined appropriate by the Secretary.”
added “(F) that—
added “(i) in the case of a State that provides medical assistance under this title through a contract with a health insurer, such contract shall specify any responsibility of such health insurer (or other entity) with respect to recovery of payment from responsible third parties pursuant to the delegation or transfer by the State to such insurer (or other entity) of a right described in subparagraph (I)(ii); and
added “(ii) in the case of a State that under a contract described in clause (i) delegates or transfers to a health insurer (or other entity) a right described in such clause, the State shall provide assurances to the Secretary that the State laws referred to in subparagraph (I), with respect to each responsibility of such health insurer (or other entity) specified under such clause, confer to such health insurer (or other entity) the authority of the State with respect to the requirements specified in clauses (i) through (iv) of such subparagraph (I);”
added “(ii) accept—
added “(I) any State’s right of recovery and the assignment to any State of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the respective State’s plan (or under a waiver of the plan); and
added “(II) as a valid authorization of the responsible third party for the furnishing of an item or service to an individual eligible to receive medical assistance under this title, an authorization made on behalf of such individual under the State plan (or under a waiver of such plan) for the furnishing of such item or service to such individual;”
added “(ee) Notwithstanding subsection (b), for any year beginning after 2019, if a State fails to comply with the requirements of section 1902(a)(25) with respect to each calendar quarter in such year, the Secretary may reduce the Federal medical assistance percentage by 0.1 percentage point for calendar quarters in each subsequent year in which the State fails to so comply.”
added “(B) Section 1902(a)(25) (relating to third party liability).”
added “(f) Third party liability training—With respect to education or training activities carried out pursuant to subsection (b)(4) with respect to the liability of responsible third parties (as defined in section 1902(nn) for payment for items and services furnished under State plans (or under waivers of such plans)) under this title, the Secretary shall—
added “(1) publish (and update on an annual basis) on the public Internet website of the Centers for Medicare & Medicaid Services a dedicated Internet page containing best practices to be used in assessing such liability;
added “(2) monitor efforts to assess such liability and analyze the challenges posed by that assessment;
added “(3) distribute to State agencies administering the State plan under this title information related to such efforts and challenges; and
added “(4) provide guidance to such State agencies with respect to State oversight of efforts under a medicaid managed care plan under section 1903(m) or 1932 to assess such liability.”
Sec. 402 Treatment of lottery winnings and other lump-sum income for purposes of income eligibility under Medicaid
addedadded “(K) Treatment of certain lottery winnings and income received as a lump sum
added “(i) In general—In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2018) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received—
added “(I) in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $80,000;
added “(II) over a period of 2 months if the amount of such winnings or income (as applicable) is greater than or equal to $80,000 but less than $90,000;
added “(III) over a period of 3 months if the amount of such winnings or income (as applicable) is greater than or equal to $90,000 but less than $100,000; and
added “(IV) over a period of 3 months plus 1 additional month for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed a period of 120 months (for winnings or income of $1,260,000 or more), if the amount of such winnings or income is greater than or equal to $100,000.
added “(ii) Counting in equal installments—For purposes of subclauses (II), (III), and (IV) of clause (i), winnings or income to which such subclause applies shall be counted in equal monthly installments over the period of months specified under such subclause.
added “(iii) Hardship exemption—An individual whose income, by application of clause (i), exceeds the applicable eligibility threshold established by the State, shall continue to be eligible for medical assistance to the extent that the State determines, under procedures established by the State (in accordance with standards specified by the Secretary), that the denial of eligibility of the individual would cause an undue medical or financial hardship as determined on the basis of criteria established by the Secretary.
added “(iv) Notifications and assistance required in case of loss of eligibility—A State shall, with respect to an individual who loses eligibility for medical assistance under the State plan (or a waiver of such plan) by reason of clause (i)—
added “(I) before the date on which the individual loses such eligibility, inform the individual—
added “(aa) of the individual’s opportunity to enroll in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act during the special enrollment period specified in section 9801(f)(3) of the Internal Revenue Code of 1986 (relating to loss of Medicaid or CHIP coverage); and
added “(bb) of the date on which the individual would no longer be considered ineligible by reason of clause (i) to receive medical assistance under the State plan or under any waiver of such plan and be eligible to reapply to receive such medical assistance; and
added “(II) provide technical assistance to the individual seeking to enroll in such a qualified health plan.
added “(v) Qualified lottery winnings defined—In this subparagraph, the term qualified lottery winnings means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment.
added “(vi) Qualified lump sum income defined—In this subparagraph, the term qualified lump sum income means income that is received as a lump sum from one of the following sources:
added “(I) Monetary winnings from gambling (as defined by the Secretary and including gambling activities described in section 1955(b)(4) of title 18, United States Code).
added “(II) Damages received, whether by suit or agreement and whether as lump sums or as periodic payments (other than monthly payments), on account of causes of action other than causes of action arising from personal physical injuries or physical sickness.
added “(III) Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.”
Sec. 403 Adjustments to Medicare part B and part D premium subsidies for higher income individuals
addedadded “(C) Treatment of adjustments for certain higher income individuals
added “(i) In general—Subparagraph (A) shall not apply with respect to each dollar amount in paragraph (3) of $500,000.
added “(ii) Adjustment beginning 2027—In the case of any calendar year beginning after 2026, each dollar amount in paragraph (3) of $500,000 shall be increased by an amount equal to—
added “(I) such dollar amount, multiplied by
added “(II) the percentage (if any) by which the average of the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with August of the preceding calendar year exceeds such average for the 12-month period ending with August 2025.”