Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments
Limitation on total payments to each territory
In general
Certain payments disregarded
Entitlement to matching grant
In general
Each territory shall be entitled to receive from the Secretary for each fiscal year a grant in an amount equal to 75 percent of the amount (if any) by which—
the total expenditures of the territory during the fiscal year under the territory programs funded under parts A and E of subchapter IV, including any amount paid to the State under part A of subchapter IV that is transferred in accordance with section 604(d) of this title and expended under the program to which transferred; exceeds
the sum of—
the amount of the family assistance grant payable to the territory without regard to section 609 of this title; and
the total amount expended by the territory during fiscal year 1995 pursuant to parts A and F of subchapter IV (as so in effect), other than for child care.
Appropriation
Definitions
As used in this section:
Territory
Ceiling amount
Family assistance grant
Mandatory ceiling amount
The term “mandatory ceiling amount” means—
$107,255,000 with respect to Puerto Rico;
$4,686,000 with respect to Guam;
$3,554,000 with respect to the Virgin Islands; and
$1,000,000 with respect to American Samoa.
Total amount expended by the territory
The term “total amount expended by the territory”—
does not include expenditures during the fiscal year from amounts made available by the Federal Government; and
when used with respect to fiscal year 1995, also does not include—
expenditures during fiscal year 1995 under subsection (g) or (i) of section 602 of this title (as in effect on
any expenditures during fiscal year 1995 for which the territory (but for this section, as in effect on
Authority to transfer funds to certain programs
Repealed. Pub. L. 105–33, title V, § 5512(c), Aug. 5, 1997, 111 Stat. 619
Total amount certified under subchapter XIX
Subject to subsection (g) and section 1396u–5(e)(1)(B) of this title, the total amount certified by the Secretary under subchapter XIX with respect to a fiscal year for payment to—
Puerto Rico shall not exceed (A) $116,500,000 for fiscal year 1994 and (B) for each succeeding fiscal year the amount provided in this paragraph for the preceding fiscal year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (as published by the Bureau of Labor Statistics) for the twelve-month period ending in March preceding the beginning of the fiscal year, rounded to the nearest $100,000;
the Virgin Islands shall not exceed (A) $3,837,500 for fiscal year 1994, and (B) for each succeeding fiscal year the amount provided in this paragraph for the preceding fiscal year increased by the percentage increase referred to in paragraph (1)(B), rounded to the nearest $10,000;
Guam shall not exceed (A) $3,685,000 for fiscal year 1994, and (B) for each succeeding fiscal year the amount provided in this paragraph for the preceding fiscal year increased by the percentage increase referred to in paragraph (1)(B), rounded to the nearest $10,000;
Northern Mariana Islands shall not exceed (A) $1,110,000 for fiscal year 1994, and (B) for each succeeding fiscal year the amount provided in this paragraph for the preceding fiscal year increased by the percentage increase referred to in paragraph (1)(B), rounded to the nearest $10,000; and
American Samoa shall not exceed (A) $2,140,000 for fiscal year 1994, and (B) for each succeeding fiscal year the amount provided in this paragraph for the preceding fiscal year increased by the percentage increase referred to in paragraph (1)(B), rounded to the nearest $10,000.
Medicaid payments to territories for fiscal year 1998 and thereafter
Fiscal year 1998
With respect to fiscal year 1998, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsection (f) for such fiscal year shall be increased by the following amounts:
For Puerto Rico, $30,000,000.
For the Virgin Islands, $750,000.
For Guam, $750,000.
For the Northern Mariana Islands, $500,000.
For American Samoa, $500,000.
Fiscal year 1999 and thereafter
Notwithstanding subsection (f) and subject to section 18043(a)(2) of this title and paragraphs (3) and (5), with respect to fiscal year 1999 and any fiscal year thereafter, the total amount certified by the Secretary under subchapter XIX for payment to—
Puerto Rico shall not exceed—
except as provided in clause (ii), the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase in the medical care component of the Consumer Price Index for all urban consumers (as published by the Bureau of Labor Statistics) for the 12-month period ending in March preceding the beginning of the fiscal year, rounded to the nearest $100,000; and
for each of fiscal years 2020 through 2021, the amount specified in paragraph (6) for each such fiscal year;
the Virgin Islands shall not exceed—
except as provided in clause (ii), the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000;
for fiscal year 2020, $128,712,500; and
for fiscal year 2021, $127,937,500;
Guam shall not exceed—
except as provided in clause (ii), the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000;
for fiscal year 2020, $130,875,000; and
for fiscal year 2021, $129,712,500;
the Northern Mariana Islands shall not exceed—
except as provided in clause (ii), the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000;
for fiscal year 2020, $63,100,000; and
for fiscal year 2021, $62,325,000; and
American Samoa shall not exceed—
except as provided in clause (ii), the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000;
for fiscal year 2020, $86,325,000; and
for fiscal year 2021, $85,550,000.
For each fiscal year after fiscal year 2021, the total amount certified for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsection (f) and this subsection for the fiscal year shall be determined as if the preceding subparagraphs were applied to each of fiscal years 2020 through 2021 without regard to clause (ii) of each such subparagraph.
Fiscal years 2006 and 2007 for certain insular areas
The amounts otherwise determined under this subsection for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for fiscal year 2006 and fiscal year 2007 shall be increased by the following amounts:
For Puerto Rico, $12,000,000 for fiscal year 2006 and $12,000,000 for fiscal year 2007.
For the Virgin Islands, $2,500,000 for fiscal year 2006 and $5,000,000 for fiscal year 2007.
For Guam, $2,500,000 for fiscal year 2006 and $5,000,000 for fiscal year 2007.
For the Northern Mariana Islands, $1,000,000 for fiscal year 2006 and $2,000,000 for fiscal year 2007.
For American Samoa, $2,000,000 for fiscal year 2006 and $4,000,000 for fiscal year 2007.
Such amounts shall not be taken into account in applying paragraph (2) for fiscal year 2007 but shall be taken into account in applying such paragraph for fiscal year 2008 and subsequent fiscal years.
Exclusion of certain expenditures from payment limits
Additional increase
Subject to subparagraphs (B), (C), (D), (E), and (F), the Secretary shall increase the amounts otherwise determined under this subsection for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa (after the application of subsection (f) and the preceding paragraphs of this subsection) for the period beginning
The amount of the increase otherwise provided under subparagraph (A) for Puerto Rico shall be further increased by $295,900,000.
Subject to subparagraphs (D) and (F), for the period beginning
the amount of the increase otherwise provided under subparagraphs (A) and (B) for Puerto Rico shall be further increased by $3,600,000,000; and
the amount of the increase otherwise provided under subparagraph (A) for the Virgin Islands shall be further increased by $106,931,000.
For the period described in subparagraph (C), the amount of the increase otherwise provided under subparagraph (A)—
for Puerto Rico shall be further increased by $1,200,000,000 if the Secretary certifies that Puerto Rico has taken reasonable and appropriate steps during such period, in accordance with a timeline established by the Secretary, to—
implement methods, satisfactory to the Secretary, for the collection and reporting of reliable data to the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system); and
demonstrate progress in establishing a State medicaid fraud control unit described in section 1396b(q) of this title; and
for the Virgin Islands shall be further increased by $35,644,000 if the Secretary certifies that the Virgin Islands has taken reasonable and appropriate steps during such period, in accordance with a timeline established by the Secretary, to meet the conditions for certification specified in subclauses (I) and (II) of clause (i).
Subject to subparagraph (F), for the period beginning
Notwithstanding any other provision of subchapter XIX—
during the period in which the additional funds provided under subparagraphs (C), (D), and (E) are available for Puerto Rico, the Virgin Islands, and the Northern Mariana Islands, respectively, with respect to payments from such additional funds for amounts expended by Puerto Rico, the Virgin Islands, and the Northern Mariana Islands under such subchapter, the Secretary shall increase the Federal medical assistance percentage or other rate that would otherwise apply to such payments to 100 percent; and
for the period beginning
Not later than
Application to Puerto Rico for fiscal years 2020 through 2021
In general
Subject to subparagraph (B), the amount specified in this paragraph is—
for fiscal year 2020, $2,716,188,000; and
for fiscal year 2021, $2,809,063,000.
Additional increase for Puerto Rico
In general
Application to managed care
In certifying whether Puerto Rico has established a reimbursement floor under a directed payment arrangement plan that satisfies the requirements of clause (i)—
for fiscal year 2020, the Secretary shall apply such requirements to payments for physician services under a managed care contract entered into or renewed after
for each of fiscal years 2020 through 2021—
the Secretary shall disregard payments made under sub-capitated arrangements for services such as primary care case management; and
if the reimbursement floor for physician services applicable under a managed care contract satisfies the requirements of clause (i) for the fiscal year in which the contract is entered into or renewed, such reimbursement floor shall be deemed to satisfy such requirements for the subsequent fiscal year.
Puerto Rico program integrity requirements
In general
Program Integrity Lead
PERM requirement
Contracting reform
Not later than 12 months after
metrics for evaluating the success of the plan; and
a schedule for publicly releasing status reports on the plan.
MEQC
FMAP reduction for failure to meet additional requirements
In general
For each fiscal quarter during the period beginning on
For every clause under subparagraph (A) with respect to which Puerto Rico does not fully satisfy the requirements described in the clause (including requirements imposed under the terms of a plan described in the clause) in the fiscal quarter, the Federal medical assistance percentage applicable to Puerto Rico under section 1396d(ff) of this title shall be reduced by the number of percentage points determined for the clause and fiscal quarter under subclause (II).
The number of percentage points determined under this subclause with respect to a clause under subparagraph (A) and a fiscal quarter shall be the number of percentage points (not to exceed 2.5 percentage points) equal to—
0.25 percentage points; multiplied by
the total number of consecutive fiscal quarters for which Puerto Rico has not fully satisfied the requirements described in such clause.
Exception for extenuating circumstances or reasonable progress
For purposes of clause (i), Puerto Rico shall be deemed to have fully satisfied the requirements of a clause under subparagraph (A) (including requirements imposed under the terms of a plan described in the clause) for a fiscal quarter if—
the Secretary approves an application from Puerto Rico describing extenuating circumstances that prevented Puerto Rico from fully satisfying the requirements of the clause; or
in the case of a requirement imposed under the terms of a plan described in a clause under subparagraph (A), Puerto Rico has made objectively reasonable progress towards satisfying such terms and has submitted a timely request for an exception to the imposition of a penalty to the Secretary.
Program Integrity Lead requirement for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa
Program Integrity Lead requirement
FMAP reduction
For each fiscal quarter during fiscal year 2021, if the territory fails to satisfy the requirement of subparagraph (A) for the fiscal quarter, the Federal medical assistance percentage applicable to the territory under section 1396d(ff) of this title for such fiscal quarter shall be reduced by the number of percentage points (not to exceed 5 percentage points) equal to—
0.25 percentage points; multiplied by
the total number of fiscal quarters during the fiscal year in which the territory failed to satisfy such requirement.
Scope
Annual report
In general
Not later than the date that is 30 days after the end of each fiscal year (beginning with fiscal year 2020 and ending with fiscal year 2021), in the case that a specified territory receives a Medicaid cap increase, or an increase in the Federal medical assistance percentage for such territory under section 1396d(ff) of this title, for such fiscal year, such territory shall submit to the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives and the Chair and Ranking Member of the Committee on Finance of the Senate a report, employing the most up-to-date information available, that describes how such territory has used such Medicaid cap increase, or such increase in the Federal medical assistance percentage, as applicable, to increase access to health care under the State Medicaid plan of such territory under subchapter XIX (or a waiver of such plan). Such report may include—
the extent to which such territory has, with respect to such plan (or waiver)—
increased payments to health care providers;
increased covered benefits;
expanded health care provider networks; or
improved in any other manner the carrying out of such plan (or waiver); and
any other information as determined necessary by such territory.
Definitions
In this paragraph: