12 2 STA T . 2 38 8 PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 2008 (B)insubpar a g rap h ( A ) , b y ins e r t ing a f ter ‘ ‘ F e d era lR egulati o ns) ’ ’ the follo w ing
‘‘or in the final regulation, relating to su c h parts, published on M ay 29 ,2 0 0 7 (72 Federal Register 297 48 ) and deter m ined by the U nited S tates D istrict C ourt for the District of Columbia to ha v e been ‘improperly promulgated’, Alamed a CountyM ed ic al Cente r, et al . , v . L eavitt, et al., Civil Action N o . 08 - 0422, Mem. at 4 (D.D.C. May 2 3 , 2008)’’
and (C) in subparagraph (C), by inserting before the period at the end the following: ‘‘, including the proposed regula- tion published on May 23, 2007 (72 Federal Register 28930)’’. (2) EXTENSIO NO FC E R T A IN M ORATORIA IN PUBL IC LA W1 1 0– 1 73 . — Section 20 6 of the Medicare, Medicaid, and SC HIP E x ten- sion Act of 2007 (Public L aw 1 10–173) is amended— (A) by stri k ing ‘‘ J une 30, 2008’’ and inserting ‘‘April 1, 2009’’; (B) by inserting ‘‘, including the proposed regulation published on August 13, 2007 (72 Federal Register 4 5 201),’’ after ‘‘rehabilitation services’’; and (C) by inserting ‘‘, including the final regulation pub- lished on December 28, 2007 (72 Federal Register 73635),’’ after ‘‘school-based transportation’’. (3) A D DITIONAL MORATORIA.— (A) IN G ENERAL.—Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, take any action (through promulgation of regulation, issuance of regulatory guid- ance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Med- ical Assistance Manual transmittal or letter to State Med- icaid directors) to impose any restrictions relating to a provision described in subparagraph (B) or (C) if such restrictions are more restrictive in any aspect than those applied to the respective provision as of the date specified in subparagraph (D) for such provision. (B) PORTION OF INTERIM FINAL REGULATION RELATING TO MEDICAID TREATMENT OF OPTIONAL CASE MANAGEMENT SER V ICES.— (i) IN GENERAL.—Sub j ect to clause (ii), the provi- sion described in this subparagraph is the interim final regulation relating to optional State plan case management services under the Medicaid program published on December 4, 2007 (72 Federal Register 68077) in its entirety. (ii) EXCEPTION.— T he provision described in this subparagraph does not include the portion of such regulation as relates directly to implementing section 1915(g)(2)(A)(ii) of the Social Security Act, as amended by section 6052 of the Deficit Reduction Act of 2005 (Public Law 109–171), through the definition of case management services and targeted case management services contained in proposed section 440.169 of title 42, Code of Federal Regulations, but only to the extent that such portion is not more restrictive than the poli- cies set forth in the Dear State Medicaid Director letter on case management issued on January 19, 2001 12 1 Sta t . 2 5 1 4 .
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