123STA T . 1 0 1 PUBLIC LA W 111 – 3 —FE B. 4, 200 9insub s ect i o n ( b ) ( 1 )o r benc hma r k e q ui v a l ent covera g e d escribed in subsection (b)( 2 )
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‘(ii) p reventing a S tate f rom offering all or an y of the items and services required by subparagraph ( A )(ii) through an issuer of benchmark coverage described in subsection (b)(1) or benchmark equivalent coverage described in subsection (b)(2); or ‘‘(iii) affecting a child ’ s entitlement to care and services described in subsections (a)( 4 )( B )and(r)of section 1 905 and provided in accordance w ith section 1902(a)(4 3 ) whether provided through benchmark cov - erage , benchmark equivalent coverage, or otherwise . ’’. (b) COR R ECTI O N O FR EFERENCE TO C H I LD REN IN F O S TER C A RE RECEI V IN G CHILD W ELFARE SERVICES. — Section 193 7 (a)(2)(B)(viii) (42 U .S.C. 139 6 u – 7(a)(2)(B)(viii)), as inserted by section 6044(a) of the D eficit Reduction Act of 2005, is amended by striking ‘‘aid or assistance is made available under part B of title IV to children in foster care and individuals’’ and inserting ‘‘child welfare services are made available under part B of title IV on the basis of being a child in foster care or’’. (c) T RANS P ARENC Y .—Section 1937 (42 U.S.C. 1396u–7), as inserted by section 6044(a) of the Deficit Reduction Act of 2005, is amended by adding at the end the following
‘‘(c) PUB LICATION OF PROVISIONS AFFECTED.—With respect to a State plan amendment to provide benchmark benefits in accord- ance with subsections (a) and (b) that is approved by the Secretary, the Secretary shall publish on the Internet website of the Centers for M edicare & Medicaid Services, a list of the provisions of this title that the Secretary has determined do not apply in order to enable the State to carry out the plan amendment and the reason for each such determination on the date such approval is made, and shall publish such list in the Federal Register and not later than 30 days after such date of approval.’’. (d) E FFECTIVE DATE.—The amendments made by subsections (a), (b), and (c) of this section shall take effect as if included in the amendment made by section 6044(a) of the Deficit Reduction Act of 2005. SEC.612 . R E F ERE N CES TO T I T L E X XI. Section 704 of the Medicare, Medicaid, and SC H IP Balanced Budget Refinement Act of 1999, as enacted into law by division B of Public L aw 106–113 (113 Stat. 1501A–402) is repealed. SEC. 61 3 . P RO H I B ITIN G INITI A TION OF NE W HEALTH OPPORT U NIT Y ACCOUNT D E M ONSTRATION PROGRAMS. After the date of the enactment of this Act, the Secretary of Health and Human Services may not approve any new dem- onstration programs under section 193 8 of the Social Security Act (42 U.S.C. 1396u–8). SEC. 61 4 .AD J USTMENT IN COMPUTATION OF MEDICAID FMAP TO DIS - REGARD AN EXTRAORDINARY EMPLOYER PENSION CON- TRIBUTION. (a) IN G ENERAL.— O nly for purposes of computing the FMAP (as defined in subsection (e)) for a State for a fiscal year (beginning with fiscal year 2006) and applying the FMAP under title X IX of the Social Security Act, any significantly disproportionate 42USC1396dnote. 42 USC 1396 u–8 note. 42 USC 139 7a a note. 42 USC 1396u–7 note. W e bsi te. L ist. F ede r a lR e g ister ,p ubli c ation. D eadline.
