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“TEXT OF AMENDMENTS” mentioning the U.S. Dept of Labor was published in the Senate section on pages S2015 on March 18, 2002.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3031. Mr. ROCKEFELLER (for himself, Mr. Durbin, Mr. Bayh, Mr. Kennedy, Mrs. Clinton, Mr. Harkin, Mrs. Lincoln, Ms. Mikulski, Mr. Corzine, Mr. Schumer, Mrs. Carnahan, Mr. Torricelli, Mrs. Feinstein, Mrs. Murray, Mr. Jeffords, Mr. Leahy, Mr. Daschle, Mr. Kerry, Mr. Wellstone, and Ms. Cantwell) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION ____--MISCELLANEOUS
SEC. ____01. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) Permitting Maintenance of Fiscal Year 2001 FMAP for Last 3 Calendar Quarters of Fiscal Year 2002.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2002 is less than the FMAP as so determined for fiscal year 2001, the FMAP for the State for fiscal year 2001 shall be substituted for the State's FMAP for the second, third, and fourth calendar quarters of fiscal year 2002, before the application of this section.
(b) Permitting Maintenance of Fiscal Year 2002 FMAP for Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2003 is less than the FMAP as so determined for fiscal year 2002, the FMAP for the State for fiscal year 2002 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2003, before the application of this section.
(c) Permitting Maintenance of Fiscal Year 2003 FMAP for Fiscal Year 2004.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2004 is less than the FMAP as so determined for fiscal year 2003, the FMAP for the State for fiscal year 2003 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2004, before the application of this section.
(d) General 1.50 Percentage Points Increase Through Fiscal Year 2004.--Notwithstanding any other provision of law, but subject to subsections (g) and (h), for each State for the second, third, and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal years 2003 and 2004, the FMAP (taking into account the application of subsections
(a), (b), and (c)) shall be increased by 1.50 percentage points.
(e) Further Increase for States With High Unemployment Rates Through Fiscal Year 2004.--
(1) In general.--Notwithstanding any other provision of law, but subject to subsections (g) and (h), the FMAP for a high unemployment State for the second, third, and fourth calendar quarters of fiscal year 2002, or any calendar quarter of fiscal year 2003 or 2004, (and any subsequent such calendar quarters after the first such calendar quarter for which the State is a high unemployment State regardless of whether the State continues to be a high unemployment State for the subsequent such calendar quarters) shall be increased
(after the application of subsections (a), (b), (c), and (d)) by 1.50 percentage points.
(2) High unemployment state.--
(A) In general.--For purposes of this subsection, a State is a high unemployment State for a calendar quarter if, for any 3 consecutive months beginning on or after June 2001 and ending with the second month before the beginning of the calendar quarter, the State has an average seasonally adjusted unemployment rate that exceeds the average weighted unemployment rate during such period. Such unemployment rates for such months shall be determined based on publications of the Bureau of Labor Statistics of the Department of Labor.
(B) Average weighted unemployment rate defined.--For purposes of subparagraph (A), the ``average weighted unemployment rate'' for a period is--
(i) the sum of the seasonally adjusted number of unemployed civilians in each State and the District of Columbia for the period; divided by
(ii) the sum of the civilian labor force in each State and the District of Columbia for the period.
(f) Increase in Cap on Medicaid Payments to Territories.--Notwithstanding any other provision of law, with respect to the second, third, and fourth calendar quarters of fiscal year 2002, and each calendar quarter of fiscal years 2003 and 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under section 1108 of the Social Security Act
(42 U.S.C. 1308) shall each be increased by an amount equal to 6 percentage points of such amounts.
(g) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); or
(2) payments under titles IV and XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.).
(h) State Eligibility.--A State is eligible for an increase in its FMAP under subsection (d) or (e) or an increase in a cap amount under subsection (f) only if the eligibility under its State plan under title XIX of the Social Security Act
(including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on October 1, 2001.
(i) Definitions.--In this section:
(1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
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SA 3032. Mrs. LINCOLN (for herself, Mr. Cochran, Mr. Torricelli, Mr. Wellstone, and Mrs. Murray) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the following:
DIVISION ____--MISCELLANEOUS
SEC. ____01. DELAY IN MEDICAID UPL CHANGES FOR NON-STATE
GOVERNMENT-OWNED OR OPERATED HOSPITALS.
(a) Findings.--Congress finds that non-State government-owned or operated hospitals--
(1) provide access to a wide range of needed care not often otherwise available in underserved areas;
(2) deliver a significant proportion of uncompensated care; and
(3) are critically dependent on public financing sources, such as the medicaid program.
(b) Moratorium on UPL Changes.--The Secretary of Health and Human Services may not implement any change in the upper limits on payment under title XIX of the Social Security Act for services of non-State government-owned or operated hospitals published after October 1, 2001, before the later of--
(1) September 30, 2002; or
(2) 3 months after the submission to Congress of the plan described in subsection (c).
(c) Mitigation Plan.--The Secretary of Health and Human Services shall submit to Congress a report that contains a plan for mitigating the loss of funding to non-State government-owned or operated hospitals as a result of any change in the upper limits on payment for such hospitals published after October 1, 2001. Such report shall also include such recommendations for legislative action as the Secretary deems appropriate.
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