< Back to H.R. 1404 (113th Congress, 2013–2015)

Text of the Medicaid Expansion Repeal and State Flexibility Act

This bill was introduced on March 25, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 25, 2013 (Introduced).

I

113th CONGRESS

1st Session

H. R. 1404

IN THE HOUSE OF REPRESENTATIVES

March 25, 2013

(for himself, Mr. LaMalfa, Mr. Schweikert, Mr. Franks of Arizona, Mrs. Black, and Mr. Hunter) 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 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.

1.

Short title

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

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.

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) .