DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019
Further Additional Continuing Appropriations Act, 2019
(Sec. 101) This division amends the Continuing Appropriations Act, 2019 to provide continuing FY2019 appropriations to several federal agencies through the earlier of February 8, 2019 (December 21, 2018, under current law), or the enactment of the applicable appropriations legislation.
It is known as a continuing resolution (CR) and ends the partial government shutdown that began when the existing CR expired because seven of the remaining FY2019 appropriations bills have not been enacted.
(Five of the FY2019 appropriations bills were enacted earlier this year, including:
The CR extends through February 8, 2019:
Additionally, the CR has the effect of extending through February 8, 2019, several authorities and programs that were extended in prior CRs, including:
The CR also delays the release of required Congressional Budget Office and Office of Management and Budget sequestration reports.
DIVISION B--MEDICAID EXTENDERS
(Sec. 101) The division amends the Deficit Reduction Act of 2005 to make appropriations for FY2019, and otherwise revise, the Money Follows the Person Rebalancing Demonstration Program (Under this program, the Centers for Medicare & Medicaid Services must award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.)
(Sec. 102) Additionally, the division temporarily extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home and community-based services.
(Sec. 103) The division also reduces the federal medical assistance percentage (i.e., federal matching rate) for states that have not implemented asset-verification programs for determining Medicaid eligibility.
(Sec. 104) The division reduces funding available to the Medicaid Improvement Fund beginning in FY2021.
(Sec. 105) This section exempts the budgetary effects of this division from: (1) the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution, and (2) certain budget scorekeeping guidelines.
It also requires any debits on the statutory PAYGO scorecard for 2019 to be transferred to the 2020 scorecard. (The Statutory Pay-As-You-Go Act of 2010 prohibits certain legislation from increasing the budget deficit. PAYGO scorecards are used to enforce the requirements and determine whether a sequestration order implementing spending cuts is necessary.)
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7397 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 7397
To provide further additional continuing appropriations for fiscal year
2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 22, 2018
Mr. Hoyer introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide further additional continuing appropriations for fiscal year
2019, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019
Sec. 101. The Continuing Appropriations Act, 2019 (division C of
Public Law 115-245) is further amended--
(1) by striking the date specified in section 105(3) and
inserting ``February 8, 2019''; and
(2) by adding after section 136 the following:
``Sec. 137. Notwithstanding section 251(a)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and the timetable in
section 254(a) of such Act, the final sequestration report for fiscal
year 2019 pursuant to section 254(f)(1) of such Act and any order for
fiscal year 2019 pursuant to section 254(f)(5) of such Act shall be
issued, for the Congressional Budget Office, 10 days after the date
specified in section 105(3), and for the Office of Management and
Budget, 15 days after the date specified in section 105(3).
``Sec. 138. The authority provided under title XXI of the Homeland
Security Act of 2002 (6 U.S.C. 621 et seq.), as amended by section 2(a)
of the Protecting and Securing Chemical Facilities from Terrorist
Attacks Act of 2014 (Public Law 113-254), shall continue in effect
through the date specified in section 105(3).
``Sec. 139. Section 319L(e)(1)(A) of the Public Health Service Act
(42 U.S.C. 247d-7e(e)(1)(A)) shall continue in effect through the date
specified in section 105(3) of this Act.
``Sec. 140. Section 405(a) of the Pandemic and All Hazards
Preparedness Act (42 U.S.C. 247d-6a note) shall continue in effect
through the date specified in section 105(3) of this Act.''.
This division may be cited as the ``Further Additional Continuing
Appropriations Act, 2019''.
DIVISION B--MEDICAID EXTENDERS
SEC. 101. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) General Funding.--Section 6071(h) of the Deficit Reduction Act
of 2005 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) subject to paragraph (3), $112,000,000 for
fiscal year 2019.'';
(2) in paragraph (2)--
(A) by striking ``Amounts made'' and inserting
``Subject to paragraph (3), amounts made''; and
(B) by striking ``September 30, 2016'' and
inserting ``September 30, 2021''; and
(3) by adding at the end the following new paragraph:
``(3) Special rule for fy 2019.--Funds appropriated under
paragraph (1)(F) shall be made available for grants to States
only if such States have an approved MFP demonstration project
under this section as of December 31, 2018.''.
(b) Funding for Quality Assurance and Improvement; Technical
Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
inserting the following:
``(2) Funding.--From the amounts appropriated under
subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be
available to the Secretary for such fiscal year to carry out
this subsection.''.
(c) Technical Amendment.--Section 6071(b) of the Deficit Reduction
Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the
following:
``(10) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.''.
SEC. 102. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND
COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``the 5-year period that begins on
January 1, 2014,'' and inserting ``the period beginning on January 1,
2014, and ending on March 31, 2019,''.
(b) Rule of Construction.--
(1) Protecting state spousal income and asset disregard
flexibility under waivers and plan amendments.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or
section 1924 of the Social Security Act (42 U.S.C. 1396r-5)
shall be construed as prohibiting a State from disregarding an
individual's spousal income and assets under a State waiver or
plan amendment described in paragraph (2) for purposes of
making determinations of eligibility for home and community-
based services or home and community-based attendant services
and supports under such waiver or plan amendment.
(2) State waiver or plan amendment described.--A State
waiver or plan amendment described in this paragraph is any of
the following:
(A) A waiver or plan amendment to provide medical
assistance for home and community-based services under
a waiver or plan amendment under subsection (c), (d),
or (i) of section 1915 of the Social Security Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315).
(B) A plan amendment to provide medical assistance
for home and community-based services for individuals
by reason of being determined eligible under section
1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C))
or by reason of section 1902(f) of such Act (42 U.S.C.
1396a(f)) or otherwise on the basis of a reduction of
income based on costs incurred for medical or other
remedial care under which the State disregarded the
income and assets of the individual's spouse in
determining the initial and ongoing financial
eligibility of an individual for such services in place
of the spousal impoverishment provisions applied under
section 1924 of such Act (42 U.S.C. 1396r-5).
(C) A plan amendment to provide medical assistance
for home and community-based attendant services and
supports under section 1915(k) of such Act (42 U.S.C.
1396n(k)).
SEC. 103. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT ASSET
VERIFICATION PROGRAM.
Section 1940 of the Social Security Act (42 U.S.C. 1396w) is
amended by adding at the end the following new subsection:
``(k) Reduction in FMAP After 2020 for Non-Compliant States.--
``(1) In general.--With respect to a calendar quarter
beginning on or after January 1, 2021, the Federal medical
assistance percentage otherwise determined under section
1905(b) for a non-compliant State shall be reduced--
``(A) for calendar quarters in 2021 and 2022, by
0.12 percentage points;
``(B) for calendar quarters in 2023, by 0.25
percentage points;
``(C) for calendar quarters in 2024, by 0.35
percentage points; and
``(D) for calendar quarters in 2025 and each year
thereafter, by 0.5 percentage points.
``(2) Non-compliant state defined.--For purposes of this
subsection, the term `non-compliant State' means a State--
``(A) that is one of the 50 States or the District
of Columbia;
``(B) with respect to which the Secretary has not
approved a State plan amendment submitted under
subsection (a)(2); and
``(C) that is not operating, on an ongoing basis,
an asset verification program in accordance with this
section.''.
SEC. 104. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended by striking ``$31,000,000'' and inserting
``$6,000,000''.
SEC. 105. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(d)).
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) PAYGO Annual Report.--For the purposes of the annual report
issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010
(2 U.S.C. 934) after adjournment of the second session of the 115th
Congress, and for determining whether a sequestration order is
necessary under such section, the debit for the budget year on the 5-
year scorecard, if any, and the 10-year scorecard, if any, shall be
deducted from such scorecard in 2019 and added to such scorecard in
2020.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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