[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8327 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8327
To amend title XI of the Social Security Act to provide for the
redistribution of unused territorial cap amounts under the Medicaid
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. Sablan (for himself, Mr. Moylan, and Mrs. Radewagen) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to provide for the
redistribution of unused territorial cap amounts under the Medicaid
program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Medicaid Continuity for the
Insular Areas Act of 2024''.
SEC. 2. PROVIDING FOR THE REDISTRIBUTION OF UNUSED TERRITORIAL CAP
AMOUNTS UNDER THE MEDICAID PROGRAM.
Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is
amended by adding at the end the following new paragraph:
``(14) Procedure for redistribution of unused amounts.--
``(A) In general.--For each fiscal year (beginning
with fiscal year 2022), in the case that there is at
least 1 specified territory (as defined in subparagraph
(D)) with unused amounts (as so defined) with respect
to such fiscal year, the Secretary shall determine an
appropriate procedure, with respect to each territory
that is a shortfall territory (as so defined) for such
fiscal year, to increase the limit otherwise determined
under this subsection on the amount certified by the
Secretary under title XIX for payment to such territory
by the amount specified in subparagraph (B).
``(B) Amount specified.--
``(i) In general.--For purposes of
subsection (A), the amount specified in this
subparagraph is, with respect to a shortfall
territory and a fiscal year--
``(I) in the case the aggregate
unused amounts for such fiscal year for
all specified territories are greater
than the aggregate shortfall amounts
for such fiscal year for all such
territories, the difference between the
amount that would have been certified
by the Secretary under title XIX for
payment to such shortfall territory for
such fiscal year without application of
this paragraph and the amount of
payment that such territory would have
received under title XIX had this
section not applied; and
``(II) in the case the aggregate
unused amounts for such fiscal year for
all specified territories are less than
the aggregate shortfall amounts for
such fiscal year for all such
territories, an amount that bears the
same ratio to such aggregate unused
amounts as such shortfall territory's
shortfall amount bears to such
aggregate shortfall amounts.
``(ii) Retrospective adjustment.--The
Secretary may adjust any increases made under
this paragraph for a fiscal year as necessary
on the basis of information reported by
specified territories not later than November
30 of the succeeding fiscal year, as determined
appropriate by the Secretary.
``(C) Nonapplication of increase to future fiscal
years.--Any increase in the limit described in
subparagraph (A) of a specified territory for a fiscal
year shall not be taken into account in determining
such limit for such territory in the succeeding fiscal
year.
``(D) Definitions.--In this paragraph:
``(i) Shortfall amount.--The term
`shortfall amount' means, with respect to a
specified territory that, but for the limit on
the amount certified by the Secretary under
title XIX for payment to such territories for a
fiscal year established under this section,
would have received payment under title XIX for
such fiscal year in an amount exceeding such
limit, the amount of such excess.
``(ii) Shortfall territory.--The term
`shortfall territory' means, with respect to a
fiscal year, a specified territory with respect
to which the amount that would be payable to
such territory under title XIX for such year,
without application of this section, exceeds
the limit on the amount certified by the
Secretary under title XIX for payment to such
territory for such year established under this
section (without application of this
paragraph).
``(iii) Specified territory.--The term
`specified territory' means the Virgin Islands,
Guam, the Northern Mariana Islands, and
American Samoa.
``(iv) Unused amount.--The term `unused
amount' means, with respect to a specified
territory that was subject to a limit on the
amount certified by the Secretary under title
XIX for payment to such territory for a fiscal
year established under this section but for
which the Secretary so certified an amount for
such fiscal year that was lower than such
limit, the difference between such amount and
such limit.''.
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