[109th Congress Public Law 91]
[From the U.S. Government Printing Office]
[DOCID: f:publ091.109]
[[Page 119 STAT. 2091]]
Public Law 109-91
109th Congress
An Act
To extend medicare cost-sharing for qualifying individuals through
September 2007, to extend transitional medical assistance and the
program for abstinence education through December 2005, to provide
unemployment relief for States and individuals affected by Hurricane
Katrina, and for other purposes. <<NOTE: Oct. 20, 2005 - [H.R. 3971]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: QI, TMA, and Abstinence
Programs Extension and Hurricane Katrina Unemployment Relief Act of
2005.>> assembled,
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This Act may be cited as the ``QI, TMA, and Abstinence Programs
Extension and Hurricane Katrina Unemployment Relief Act of 2005''.
TITLE I--HEALTH PROVISIONS
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``September 2005'' and inserting ``September 2007''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(D) for the period that begins on October 1, 2005,
and ends on December 31, 2005, the total allocation
amount is $100,000,000;
``(E) for the period that begins on January 1, 2006,
and ends on September 30, 2006, the total allocation
amount is $300,000,000;
``(F) for the period that begins on October 1, 2006,
and ends on December 31, 2006, the total allocation
amount is $100,000,000; and
``(G) for the period that begins on January 1, 2007,
and ends on September 30, 2007, the total allocation
amount is $300,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``, (D), or (F)'' after ``subparagraph (B)''.
(c) Effective Date.--The <<NOTE: 42 USC 1396a note.>> amendments
made by this section shall be effective as of September 30, 2005.
[[Page 119 STAT. 2092]]
SEC. 102. <<NOTE: Effective date.>> EXTENSION OF TRANSITIONAL MEDICAL
ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM.
Effective as if enacted on September 30, 2005, activities authorized
by sections 510 and 1925 of the Social Security Act shall continue
through December 31, 2005, in the manner authorized for fiscal year
2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any
money in the Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary for such
purpose. Grants and payments may be made pursuant to this authority
through the first quarter of fiscal year 2006 at the level provided for
such activities through the first quarter of fiscal year 2005.
SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act
(42 U.S.C. 1395w-102(e)(2)(A)) is amended--
(1) by striking the period at the end and inserting ``, as
such sections were in effect on the date of the enactment of
this part.''; and
(2) by adding at the end the following: ``Such term also
does not include a drug when used for the treatment of sexual or
erectile dysfunction, unless such drug were used to treat a
condition, other than sexual or erectile dysfunction, for which
the drug has been approved by the Food and Drug
Administration.''.
(b) Construction.--Nothing <<NOTE: 42 USC 1395w-102 note.>> in this
section shall be construed as preventing a prescription drug plan or an
MA-PD plan from providing coverage of drugs for the treatment of sexual
or erectile dysfunction as supplemental prescription drug coverage under
section 1860D-2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395w-102(a)(2)(A)(ii)).
(c) Effective Dates.--The <<NOTE: 42 USC 1395w-102 note.>> amendment
made by subsection (a)(1) shall take effect as if included in the
enactment of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) and the amendment made by
subsection (a)(2) shall apply to coverage for drugs dispensed on or
after January 1, 2007.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1927(d)(2) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new
subparagraph:
``(K) Agents when used for the treatment of sexual
or erectile dysfunction, unless such agents are used to
treat a condition, other than sexual or erectile
dysfunction, for which the agents have been approved by
the Food and Drug Administration.''.
(b) Elimination of Federal Payment Under Medicaid Program.--Section
1903(i) of such Act (42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; or''; and
[[Page 119 STAT. 2093]]
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) with respect to amounts expended for covered
outpatient drugs described in section 1927(d)(2)(K) (relating to
drugs when used for treatment of sexual or erectile
dysfunction).''.
(c) Clarification of No Effect on Determination of Base
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.
1396v(c)(3)(B)(ii)(II)) <<NOTE: 42 USC 1396u-5.>> is amended by
inserting ``, including drugs described in subparagraph (K) of section
1927(d)(2)'' after ``1860D-2(e)''.
(d) Effective Date.--The <<NOTE: 42 USC 1396b note.>> amendments
made by this section shall apply to drugs dispensed on or after January
1, 2006.
TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT
SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.
Section 903 of the Social Security Act (42 U.S.C. 1103) is amended
by adding at the end the following:
``(e) Special <<NOTE: Deadline.>> Transfer in Fiscal Year 2006.--Not
later than 10 days after the date of the enactment of this subsection,
the Secretary of the Treasury shall transfer from the Federal
unemployment account--
``(1) $15,000,000 to the account of Alabama in the
Unemployment Trust Fund;
``(2) $400,000,000 to the account of Louisiana in the
Unemployment Trust Fund; and
``(3) $85,000,000 to the account of Mississippi in the
Unemployment Trust Fund.''.
SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO
ADDRESS HURRICANE KATRINA.
Notwithstanding any provision of section 302(a) or 303(a)(8) of the
Social Security Act, any State may, on or after August 28, 2005, use any
amounts received by such State pursuant to title III of the Social
Security Act to assist in the administration of claims for compensation
on behalf of any other State if a major disaster was declared with
respect to such other State or any area within such other State under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act by
reason of Hurricane Katrina.
[[Page 119 STAT. 2094]]
SEC. 203. <<NOTE: 42 USC 1103 note.>> REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this title and any amendment made by
this title.
Approved October 20, 2005.
LEGISLATIVE HISTORY--H.R. 3971:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Oct. 6, considered and passed House.
Oct. 7, considered and passed Senate, amended.
Oct. 19, House concurred in Senate amendment with
amendments, pursuant to H. Res. 501. Senate concurred in
House amendments.
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