123STA T . 2 9PUBLIC LA W 111 – 3 —FE B. 4, 2 0 09 SEC.1 1 2 . PHA SE -OUT O F CO V E R A G E FOR N ONPREGNANT CH ILD LESS ADULTS UNDER CHIP
CONDITIONS FOR COVERAGE OF PARENTS. (a)PHASE-OUTR U L ES .— ( 1 ) ING ENE R AL.— TitleX XI( 42U . S . C . 1 397 aa et s e q .) is a m e nd ed by addin g att h e end the fo llo w ing new se c tion
- ‘
‘SEC. 2111. PHASE-OUT OF COVERAGE FOR NONPREGNANT CHILDLESS ADULTS; CONDITIONS FOR COVERAGE OF PARENTS. ‘ ‘(a) TER MI NATI O NO F CO V ERAGE FOR N ON P REGNANT CHIL D LESS A DULTS.— ‘‘(1) NO NE WC HIP WAIVERS
AUTOMATIC E X TENSIONS AT STATE OPTION THROUGH 20 0 9 .—Notwithstanding section 111 5 o r any other p ro v ision of this title , e x cept as provided in this s u bsection— ‘‘(A) the Secretary shall not on or after the date of the enactment of the Children ’ s H ealth Insurance Program Reauthori z ation Act of 2 0 09, approve or renew a waiver, experimental, pilot, or demonstration pro j ect that would allow funds made available under this title to be used to provide child health assistance or other health benefits coverage to a nonpregnant childless adult; and ‘‘( B ) notwithstanding the terms and conditions of an applicable existing waiver, the provisions of paragraph (2) shall apply for purposes of any period beginning on or after J anuary 1, 2010, in determining the period to which the waiver applies, the individuals eligible to be covered by the waiver, and the amount of the F ederal payment under this title. ‘‘(2) TERMINATION OF CHIP COVERAGE UNDER APPLICA B LE EXISTING WAIVERS AT THE END OF 2009.— ‘‘(A) IN GENERAL.—No funds shall be available under this title for child health assistance or other health benefits coverage that is provided to a nonpregnant childless adult under an applicable existing waiver after D ecember 31, 2009. ‘‘(B) E XTENSION UPON STATE RE Q UEST.—If an applicable existing waiver described in subparagraph (A) would other- wise expire before January 1, 2010, notwithstanding the requirements of subsections (e) and (f) of section 1115, a State may submit, not later than September 30, 2009, a request to the Secretary for an extension of the waiver. The Secretary shall approve a request for an extension of an applicable existing waiver submitted pursuant to this subparagraph, but only through December 31, 2009. ‘‘(C) APPLICATION OF ENHANCED FMAP.—The enhanced F M AP determined under section 2105(b) shall apply to expenditures under an applicable existing waiver for the provision of child health assistance or other health benefits coverage to a nonpregnant childless adult during the period beginning on the date of the enactment of this subsection and ending on December 31, 2009. ‘‘(3) STATE OPTION TO APPL Y FOR MEDICAID WAIVER TO CON- TINUE COVERAGE FOR NONPREGNANT CHILDLESS ADULTS.— ‘‘(A) IN GENERAL.—Each State for which coverage under an applicable existing waiver is terminated under para- graph (2)(A) may submit, not later than September 30, Deadlin e . Deadline. Ap pli c a b ili ty . 42USC1397k k.
