123STA T .50 3 PUBLIC LA W 111 – 5 —FE B.1 7, 200 9‘ ‘ (i i )AP P LICAT I ON.—Clause (i) s h all not a p pl y to a S tate f o r a year in the c ase that the D S H allot m ent for such State for such year un d er this para g raph determined w ithout applying clause (i) would grow higher than the DSH allotment specified under clause (i) for the State for such year. ’ ’. SEC.50 0 3 .E XT E N S IO NO FM O RA TORIA ON CERTAIN ME D ICAID FINA L RE GU LATIONS. (a) F INAL REGU LATION S RELATING TO O PTIONAL CASE M ANAGE -M ENT SE RV ICES AN D ALLO W A B LE P ROVIDER T A X ES.—Section 70 0 1 (a)( 3 )(A) of the Supplemental Appropriations Act ,2 00 8 (Pu b lic L aw 110 – 2 5 2) is amended by stri k ing ‘‘April 1, 200 9 ’’ and inserting ‘‘ J uly 1, 2009’’. (b) FINAL REGULATION RELATING TO SC H OOL- B ASED ADMINIS- TRATION AND SCHOOL-BASED TRANSPORTATION.—Section 20 6 of the Medicare, Medicaid, and SCH I P Ex tension Act of 2007 (Public Law 110–173), as amended by section 7001(a)(2) of the Supple- mental Appropriations Act, 2008 (Public Law 110–252), is amended by inserting ‘‘(July 1, 2009, in the case of the final regulation relating to school-based administration and school-based transpor- tation)’’ after ‘‘April 1, 2009,’’. (c) FINAL REGULATION RELATING TO OUTPATIENT HOSPITAL FACILIT Y SERVICES.— N otwithstanding any other pro v ision of law, with respect to expenditures for services furnished during the period beginning on December 8, 2008, and ending on June 30, 2009, the Secretary of Health and Human Services shall not take any action (through promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assist- ance Manual transmittal or letter to State Medicaid directors) to implement the final regulation relating to clarification of the defini- tion of outpatient hospital facility services under the Medicaid program published on November 7, 2008 (73 Federal Register 66187). (d) SENSE O F CONGRESS.—It is the sense of Congress that the Secretary of Health and Human Services should not promulgate as final regulations any of the following proposed Medicaid regula- tions
(1) COST LIMITS FOR CERTAIN PROVIDERS.—The proposed regulation published on January 18, 2007, (72 Federal Register 2236) (and the purported final regulation published on May 29, 2007 (72 Federal Register 297 4 8) and determined by the U nited States District Court for the District of Columbia to have been ‘‘improperly promulgated’’, Alamed a CountyM ed ic al Cente r, et al . , v . L eavitt, et al., Civil Action No. 08-0422, Mem. at 4 (D.D.C. May 23, 2008)). (2) PAYMENTS FOR GRADUATE MEDICAL EDUCATION.—The proposed regulation published on May 23, 2007 (72 Federal Register 28930). (3) REHABILITATIVE SERVICES.—The proposed regulation published on August 13, 2007 (72 Federal Register 45201). SEC. 500 4 . EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE ( TMA ) . (a) 18-MONTH EXTENSION.— (1) IN GENERAL.—Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are Timep e r i od.
