123STA T .496PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (A)insubpar a g rap h ( B )(ii) , b y ins e r t ing ‘ ‘ o r that is d es c ribed in section 412. 22(h)( 3 )(i) o f such tit l e ’ ’ before the period
and (B) in subparagraph ( C ), by stri k ing ‘‘the date of the enact m ent of this Act’’ and inserting ‘‘ O ctober 1, 2 0 0 7 (or J uly 1, 2007, in the case of a satellite facility described in section 412.22(h)(3)(i) of title 42, Code of F ederal R egula - tions)’’. (b) MORAT OR IUM . —S ubsection (d)(3)(A) of such section is amended by striking ‘‘if the hospital or facility’’ and inserting ‘‘if the hospital or facility obtained a certificate of need for an increase in beds that is in a State for w hich such certificate of need is re q uired and that was issued on or after April 1, 200 5 , and before D ecember 2 9 , 2007, or if the hospital or facility’’. (c) EF F EC TI V E DATE.— T he amendments made by this section shall be effecti v e and apply as if included in the enactment of the Medicare, Medicaid, and SC HIP E x tension Act of 2007 (Public L aw 110 – 173). TI T LEV—S T A TE F IS C AL R ELIEF SEC.50 00. PUR P O SES
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EO F CO N TENTS. (a) PUR P O S ES.—The purposes of this title are as follows
(1) To provide fiscal relief to States in a period of economic downturn. (2) To protect and maintain State Medicaid programs during a period of economic downturn, including by helping to avert cuts to provider payment rates and benefits or services, and to prevent constrictions of income eligibility requirements for such programs, but not to promote increases in such require- ments. (b) TA BL EOFCO N TENTS.—The table of contents for this title is as follows: TI T LEV—S T A TE F IS C AL R ELIEF S ec.50 00. Purpos es
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eo f co n tents. Sec. 500 1 . Te m porar yi ncrease of M e d icaid FMAP. Sec. 500 2 . Temporary increase in D S H allotments durin g recession. Sec. 500 3 . E x tension of moratoria on certain Medicaid final regulations. Sec. 500 4 . Extension of transitional medical assistance ( TMA ) . Sec. 5005. Extension of t h e q ualifying indi v idual ( Q I) program. Sec. 500 6 . Protections for Indians under Medicaid and CHIP. Sec. 500 7 . Funding for oversight and implementation. Sec. 500 8 . G A O study and report regarding State needs during periods of national economic do w nturn. SEC. 500 1 .TE M PORAR YI NCREASE OF ME D ICAID FMAP. (a) PERMITTIN G MAINTENANCE OF FMAP.—Sub j ect to subsections (e), (f), and (g), if the FMAP determined without regard to this section for a State for— (1) fiscal year 2009 is less than the FMAP as so determined for fiscal year 200 8 , the FMAP for the State for fiscal year 2008 shall be substituted for the State’s FMAP for fiscal year 2009, before the application of this section; (2) fiscal year 2010 is less than the FMAP as so determined for fiscal year 2008 or fiscal year 2009 (after the application of paragraph (1)), the greater of such FMAP for the State for fiscal year 2008 or fiscal year 2009 shall be substituted 42USC1396dnote. 42 USC 1396 a note. 42 USC 139 5w w note.
