Page:United States Statutes at Large Volume 123.djvu/38

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123STA T . 1 8PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9tierabov eba s e l i n e ch il d enrollees ( as deter m ined u nder sub p ara g raph ( C) (i)) under title XI X f or the S tate and fiscal y ear , multiplied by 15 percent of the pro j ected per capita State M edicaid e x penditures (as determined under subparagraph ( D )) for the State and fiscal year under title XIX .‘ ‘(ii) S ECONDTI E RAB O V EBA S E L INE M EDICAID ENROLLEES. —A n amount e q ual to the number of second tier above baseline child enrollees (as determined under subparagraph (C)(ii)) under title XIX for the State and fiscal year, multiplied by 62 .5 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under title XIX. ‘‘(C) NU MBER O F FIRST AND SECOND TIER ABOVE BASE - LINE C H ILD ENROLLEES

BASELINE NUMBER OF CHILD ENROLLEES.— F or purposes of this paragraph

‘‘(i) FIRST TIER ABOVE BASELINE CHILD ENROLLEES.— T he number of first tier above baseline child enrollees for a State for a fiscal year under title XIX is equal to the number (if any, as determined by the Secretary) by w hich— ‘‘(I) the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under the State plan under title XIX, respectively; exceeds ‘‘(II) the baseline number of enrollees described in clause (iii) for the State and fiscal year under title XIX, respectively; but not to exceed 1 0 percent of the baseline number of enrollees described in subclause (II). ‘‘(ii) SECOND TIER ABOVE BASELINE CHILD ENROLLEES.—The number of second tier above baseline child enrollees for a State for a fiscal year under title XIX is equal to the number (if any, as determined by the Secretary) by which— ‘‘(I) the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under title XIX as described in clause (i)(I); exceeds ‘‘(II) the sum of the baseline number of child enrollees described in clause (iii) for the State and fiscal year under title XIX, as described in clause (i)(II), and the maximum number of first tier above baseline child enrollees for the State and fiscal year under title XIX, as determined under clause (i). ‘‘(iii) B ASELINE NUMBER OF CHILD ENROLLEES.— Subject to subparagraph ( H ), the baseline number of child enrollees for a State under title XIX— ‘‘(I) for fiscal year 200 9 is equal to the monthly average unduplicated number of qualifying chil- dren enrolled in the State plan under title XIX during fiscal year 200 7 increased by the population growth for children in that State from 2007 to 200 8 (as estimated by the Bureau of the Census) plus 4 percentage points, and further increased