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I
116TH CONGRESS
2D SESSION
H. R. 6584
To amend title XIX of the Social Security Act to provide for a temporary
increase in Medicaid DSH allotments during the COVID–19 emergency
period, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 21, 2020
Ms. KELLY of Illinois (for herself and Mr. GOMEZ) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend title XIX of the Social Security Act to provide
for a temporary increase in Medicaid DSH allotments
during the COVID–19 emergency period, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. TEMPORARY INCREASE IN MEDICAID DSH AL-
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LOTMENTS DURING COVID–19 EMERGENCY
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PERIOD.
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(a) IN GENERAL.—Section 1923(f)(3) of the Social
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Security Act (42 U.S.C. 1396r–4(f)(3)) is amended—
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(1) in subparagraph (A), by striking ‘‘and sub-
1
paragraph (E)’’ and inserting ‘‘and subparagraphs
2
(E) and (F)’’; and
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(2) by adding at the end the following new sub-
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paragraph:
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‘‘(F) TEMPORARY
INCREASE
IN
ALLOT-
6
MENTS
DURING
CERTAIN
PUBLIC
HEALTH
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EMERGENCY.—The DSH allotment for any
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State is—
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‘‘(i) for fiscal year 2020, equal to
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102.5 percent of the DSH allotment that
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would be determined under this paragraph
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for the State for fiscal year 2020 without
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application of this subparagraph, notwith-
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standing subparagraphs (B) and (C); and
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‘‘(ii) for a subsequent fiscal year (if
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any) during which the emergency period
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defined in paragraph (1)(B) of section
18
1135(g) is in effect, equal to 102.5 percent
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of the DSH allotment determined under
20
this subparagraph for the State for the
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previous fiscal year.
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For each fiscal year after fiscal year 2020 dur-
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ing which the emergency period described in
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clause (ii) is not in effect, the DSH allotment
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for a State for such fiscal year is equal to the
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DSH allotment that would have been deter-
2
mined under this paragraph for such fiscal year
3
if this subparagraph had not been enacted.’’.
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(b) DSH ALLOTMENT
ADJUSTMENT
FOR
TEN-
5
NESSEE.—Section 1923(f)(6)(A)(vi) of the Social Security
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Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended—
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(1) by striking ‘‘Notwithstanding any other pro-
8
vision of this subsection’’ and inserting the fol-
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lowing:
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‘‘(I)
IN
GENERAL.—Notwith-
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standing any other provision of this
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subsection (except as provided in sub-
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clause (II) of this clause)’’; and
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(2) by adding at the end the following:
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‘‘(II) TEMPORARY
INCREASE
IN
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ALLOTMENTS DURING CERTAIN PUB-
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LIC
HEALTH
EMERGENCY.—For any
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of fiscal years 2020 through 2025, if
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the emergency period defined in para-
20
graph (1)(B) of section 1135(g) is in
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effect during such fiscal year, the
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DSH allotment for Tennessee for
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such
fiscal
year
shall
be
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$54,427,500.’’.
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(c) SENSE OF CONGRESS.—It is the sense of Con-
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gress that a State should prioritize making payments
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under the State plan of the State under title XIX of the
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Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver
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of such plan) to disproportionate share hospitals that have
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a higher share of COVID–19 patients relative to other
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such hospitals in the State.
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Æ
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