[111th Congress Public Law 309]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 3285]]
Public Law 111-309
111th Congress
An Act
To extend certain expiring provisions of the Medicare and Medicaid
programs, and for other purposes. <<NOTE: Dec. 15, 2010 - [H.R.
4994]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Medicare and
Medicaid Extenders Act of 2010.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 42 USC 1305 note.>> Title.--This Act may be cited
as the ``Medicare and Medicaid Extenders Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSIONS
Sec. 101. Physician payment update.
Sec. 102. Extension of MMA section 508 reclassifications.
Sec. 103. Extension of Medicare work geographic adjustment floor.
Sec. 104. Extension of exceptions process for Medicare therapy caps.
Sec. 105. Extension of payment for technical component of certain
physician pathology services.
Sec. 106. Extension of ambulance add-ons.
Sec. 107. Extension of physician fee schedule mental health add-on
payment.
Sec. 108. Extension of outpatient hold harmless provision.
Sec. 109. Extension of Medicare reasonable costs payments for certain
clinical diagnostic laboratory tests furnished to hospital
patients in certain rural areas.
Sec. 110. Extension of the qualifying individual (QI) program.
Sec. 111. Extension of Transitional Medical Assistance (TMA).
Sec. 112. Special diabetes programs.
TITLE II--OTHER PROVISIONS
Sec. 201. Clarification of effective date of part B special enrollment
period for disabled TRICARE beneficiaries.
Sec. 202. Repeal of delay of RUG-IV.
Sec. 203. Clarification for affiliated hospitals for distribution of
additional residency positions.
Sec. 204. Continued inclusion of orphan drugs in definition of covered
outpatient drugs with respect to children's hospitals under
the 340B drug discount program.
Sec. 205. Medicaid and CHIP technical corrections.
Sec. 206. Funding for claims reprocessing.
Sec. 207. Revision to the Medicare Improvement Fund.
Sec. 208. Limitations on aggregate amount recovered on reconciliation of
the health insurance tax credit and the advance of that
credit.
Sec. 209. Determination of budgetary effects.
TITLE I--EXTENSIONS
SEC. 101. PHYSICIAN PAYMENT UPDATE.
Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is
amended by adding at the end the following new paragraph:
[[Page 124 STAT. 3286]]
``(12) Update for 2011.--
``(A) In general.--Subject to paragraphs (7)(B),
(8)(B), (9)(B), (10)(B), and (11)(B), in lieu of the
update to the single conversion factor established in
paragraph (1)(C) that would otherwise apply for 2011,
the update to the single conversion factor shall be 0
percent.
``(B) No effect on computation of conversion factor
for 2012 and subsequent years.--The conversion factor
under this subsection shall be computed under paragraph
(1)(A) for 2012 and subsequent years as if subparagraph
(A) had never applied.''.
SEC. 102. EXTENSION OF MMA SECTION 508 RECLASSIFICATIONS.
(a) Extension.--
(1) In general.--Section 106(a) of division B of the Tax
Relief and Health Care Act of 2006 <<NOTE: 42 USC 1395ww
note.>> (42 U.S.C. 1395 note), as amended by section 117 of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law
110-173), section 124 of the Medicare Improvements for Patients
and Providers Act of 2008 (Public Law 110-275), and sections
3137(a) and 10317 of the Patient Protection and Affordable Care
Act (Public Law 111-148), is amended by striking ``September 30,
2010'' and inserting ``September 30, 2011''.
(2) Special <<NOTE: 42 USC 1395ww note.>> rule for fiscal
year 2011.--
(A) In general.--Subject to subparagraph (B), for
purposes of implementation of the amendment made by
paragraph (1), including (notwithstanding paragraph (3)
of section 117(a) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), as amended
by section 124(b) of the Medicare Improvements for
Patients and Providers Act of 2008 (Public Law 110-275))
for purposes of the implementation of paragraph (2) of
such section 117(a), during fiscal year 2011, the
Secretary of Health and Human Services shall use the
hospital wage index that was promulgated by the
Secretary of Health and Human Services in the Federal
Register on August 16, 2010 (75 Fed. Reg. 50042), and
any subsequent corrections.
(B) Exception.--Beginning <<NOTE: Effective
date.>> on April 1, 2011, in determining the wage index
applicable to hospitals that qualify for wage index
reclassification, the Secretary shall include the
average hourly wage data of hospitals whose
reclassification was extended pursuant to the amendment
made by paragraph (1) only if including such data
results in a higher applicable reclassified wage index.
Any revision to hospital wage indexes made as a result
of this subparagraph shall not be effected in a budget
neutral manner.
(3) Adjustment <<NOTE: 42 USC 1395ww note.>> for certain
hospitals in fiscal year 2011.--
(A) In <<NOTE: Payments.>> general.--In the case of
a subsection (d) hospital (as defined in subsection
(d)(1)(B) of section 1886 of the Social Security Act (42
U.S.C. 1395ww)) with respect to which--
(i) a reclassification of its wage index for
purposes of such section was extended pursuant to
the amendment made by paragraph (1); and
(ii) the <<NOTE: Time periods.>> wage index
applicable for such hospital for the period
beginning on October 1, 2010, and ending
[[Page 124 STAT. 3287]]
on March 31, 2011, was lower than for the period
beginning on April 1, 2011, and ending on
September 30, 2011, by reason of the application
of paragraph (2)(B);
the Secretary shall pay such hospital an additional
payment that reflects the difference between the wage
index for such periods.
(B) Timeframe for payments.--The Secretary shall
make payments required under subparagraph (A) by not
later than December 31, 2011.
(b) Conforming Amendment.--Section 117(a)(3) of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
173) <<NOTE: 42 USC 1395ww note.>> is amended by inserting ``in fiscal
years 2008 and 2009'' after ``For purposes of implementation of this
subsection''.
SEC. 103. EXTENSION OF MEDICARE WORK GEOGRAPHIC ADJUSTMENT FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``before January 1, 2011'' and
inserting ``before January 1, 2012''.
SEC. 104. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE THERAPY
CAPS.
Section 1833(g)(5) of the Social Security Act (42 U.S.C.
1395l(g)(5)) is amended by striking ``and ending on'' and all that
follows through ``2010'' and inserting ``and ending on December 31,
2011''.
SEC. 105. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN
PHYSICIAN PATHOLOGY SERVICES.
Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by section
1(a)(6) of Public Law 106-554), as amended by section 732 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(42 U.S.C. 1395w-4 note), section 104 of division B of the Tax Relief
and Health Care Act of 2006 (42 U.S.C. 1395w-4 note), section 104 of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
173), section 136 of the Medicare Improvements for Patients and
Providers Act of 2008 (Public Law 110-275), and section 3104 of the
Patient Protection and Affordable Care Act (Public Law 111-148) is
amended by striking ``and 2010'' and inserting ``2010, and 2011''.
SEC. 106. EXTENSION OF AMBULANCE ADD-ONS.
(a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social Security
Act (42 U.S.C. 1395m(l)(13)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``2011''
and inserting ``2012,''; and
(2) in each of clauses (i) and (ii), by striking ``January
1, 2011'' and inserting ``January 1, 2012'' each place it
appears.
(b) Air Ambulance.--Section 146(b)(1) of the Medicare Improvements
for Patients and Providers Act of 2008 (Public Law 110-275), as amended
by sections 3105(b) and 10311(b) of Public Law 111-148, <<NOTE: 42 USC
1395m note.>> is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by striking ``2011''
and inserting ``2012''.
[[Page 124 STAT. 3288]]
SEC. 107. EXTENSION OF PHYSICIAN FEE SCHEDULE MENTAL HEALTH ADD-ON
PAYMENT.
Section 138(a)(1) of the Medicare Improvements for Patients and
Providers Act of 2008 (Public Law 110-275), as amended by section 3107
of the Patient Protection and Affordable Care Act (Public Law 111-
148), <<NOTE: 42 USC 1395w-4 note.>> is amended by striking ``December
31, 2010'' and inserting ``December 31, 2011''.
SEC. 108. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.
Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C.
1395l(t)(7)(D)(i)), as amended by section 3121(a) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended--
(1) in subclause (II)--
(A) in the first sentence, by striking ``2011'' and
inserting ``2012''; and
(B) in the second sentence, by striking ``or 2010''
and inserting ``2010, or 2011''; and
(2) in subclause (III), by striking ``January 1, 2011'' and
inserting ``January 1, 2012''.
SEC. 109. EXTENSION <<NOTE: 42 USC 1395l note.>> OF MEDICARE
REASONABLE COSTS PAYMENTS FOR CERTAIN
CLINICAL DIAGNOSTIC LABORATORY TESTS
FURNISHED TO HOSPITAL PATIENTS IN CERTAIN
RURAL AREAS.
Section 416(b) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (42 U.S.C. 1395l-4), as amended by section 105
of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C.
1395l note), section 107 of the Medicare, Medicaid, and SCHIP Extension
Act of 2007 (42 U.S.C. 1395l note), and section 3122 of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
striking ``the 1-year period beginning on July 1, 2010'' and inserting
``the 2-year period beginning on July 1, 2010''.
SEC. 110. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) PROGRAM.
(a) Extension.--Section 1902(a)(10)(E)(iv) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``December
2010'' and inserting ``December 2011''.
(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
(M);
(B) in subparagraph (N), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(O) for <<NOTE: Time period.>> the period that
begins on January 1, 2011, and ends on September 30,
2011, the total allocation amount is $720,000,000; and
``(P) for <<NOTE: Time period.>> the period that
begins on October 1, 2011, and ends on December 31,
2011, the total allocation amount is $280,000,000.'';
and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``or (N)'' and inserting ``(N), or (P)''.
[[Page 124 STAT. 3289]]
SEC. 111. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).
Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act (42
U.S.C. 1396a(e)(1)(B), 1396r-6(f)) are each amended by striking
``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 112. SPECIAL DIABETES PROGRAMS.
(1) Special diabetes programs for type i diabetes.--Section
330B(b)(2)(C) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(C)) is amended by striking ``2011'' and inserting
``2013''.
(2) Special diabetes programs for indians.--Section
330C(c)(2)(C) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)(C)) is amended by striking ``2011'' and inserting
``2013''.
TITLE II--OTHER PROVISIONS
SEC. 201. CLARIFICATION OF EFFECTIVE DATE OF PART B SPECIAL
ENROLLMENT PERIOD FOR DISABLED TRICARE
BENEFICIARIES.
Effective as if included in the enactment of Public Law 111-148,
section 3110(a)(2) of such Act <<NOTE: 42 USC 1395p note.>> is amended
to read as follows:
``(2) Effective date.--The amendment made by paragraph (1)
shall apply to elections made on and after the date of the
enactment of this Act.''.
SEC. 202. REPEAL OF DELAY OF RUG-IV.
Effective as if included in the enactment of Public Law 111-148,
section 10325 of such Act <<NOTE: Ante, p. 960.>> is repealed.
SEC. 203. CLARIFICATION <<NOTE: 42 USC 1395ww note.>> FOR
AFFILIATED HOSPITALS FOR DISTRIBUTION OF
ADDITIONAL RESIDENCY POSITIONS.
Effective as if included in the enactment of section 5503(a) of
Public Law 111-148, section 1886(h)(8) of the Social Security Act (42
U.S.C. 1395ww(h)(8)), as added by such section 5503(a), is amended by
adding at the end the following new subparagraph:
``(I) Affiliation.--
The <<NOTE: Applicability.>> provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)) and the reference
resident level for each such hospital shall be the
reference resident level with respect to the cost
reporting period that results in the smallest difference
between the reference resident level and the otherwise
applicable resident limit.''.
SEC. 204. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEFINITION OF
COVERED OUTPATIENT DRUGS WITH RESPECT TO
CHILDREN'S HOSPITALS UNDER THE 340B DRUG
DISCOUNT PROGRAM.
(a) Definition of Covered Outpatient Drug.--
(1) Amendment.--Subsection (e) of section 340B of the Public
Health Service Act (42 U.S.C. 256b) is amended by striking
``covered entities described in subparagraph (M)'' and inserting
``covered entities described in subparagraph (M) (other than a
children's hospital described in subparagraph (M))''.
(2) Effective <<NOTE: 42 USC 256b note.>> date.--The
amendment made by paragraph (1) shall take effect as if included
in the enactment of section
[[Page 124 STAT. 3290]]
2302 of the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152).
(b) Technical Amendment.--Subparagraph (B) of section 1927(a)(5) of
the Social Security Act (42 U.S.C. 1396r-8(a)(5)) is amended by striking
``and a children's hospital'' and all that follows through the end of
the subparagraph and inserting a period.
SEC. 205. MEDICAID AND CHIP TECHNICAL CORRECTIONS.
(a) Repeal of Exclusion of Certain Individuals and Entities From
Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)) is amended by striking paragraph (78).
(b) Income Level for Certain Children Under Medicaid.--Section
1902(l)(2)(C) of the Social Security Act (42 U.S.C. 1396a(l)(2)(C)) is
amended by striking ``133 percent'' and inserting ``100 percent (or,
beginning January 1, 2014, 133 percent)''.
(c) Calculation and Publication of Payment Error Rate Measurement
for Certain Years.--Section 601(b) of the Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3) <<NOTE: Ante, p.
96.>> is amended by adding at the end the following: ``The Secretary is
not required under this subsection to calculate or publish a national or
a State-specific error rate for fiscal year 2009 or fiscal year 2010.''.
(d) Corrections to Exceptions to Exclusion of Children of Certain
Employees.--Section 2110(b)(6) of the Social Security Act (42 U.S.C.
1397jj(b)(6)) is amended--
(1) in subparagraph (B)--
(A) by striking ``per person'' in the heading; and
(B) by striking ``each employee'' and inserting
``employees''; and
(2) in subparagraph (C), by striking ``, on a case-by-case
basis,''.
(e) Electronic <<NOTE: 42 USC 1396b note.>> Health Records.--
Effective as if included in the enactment of section 4201(a)(2) of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is
amended--
(1) in paragraph (3)(E), by striking ``reduced by any
payment that is made to such Medicaid provider from any other
source (other than under this subsection or by a State or local
government)'' and inserting ``reduced by the average payment the
Secretary estimates will be made to such Medicaid providers
(determined on a percentage or other basis for such classes or
types of providers as the Secretary may specify) from other
sources (other than under this subsection, or by the Federal
government or a State or local government)''; and
(2) in paragraph (6)(B), by inserting before the period the
following: ``and shall be determined to have met such
responsibility to the extent that the payment to the Medicaid
provider is not in excess of 85 percent of the net average
allowable cost''.
(f) Corrections of Designations.--
(1) Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(A) in subsection (a)(10), in the matter following
subparagraph (G), by striking ``and'' before ``(XVI) the
medical'' and by striking ``(XVI) if'' and inserting
``(XVII) if'';
(B) in subsection (a)(23), by striking ``(ii)'' and
inserting ``(kk)'';
[[Page 124 STAT. 3291]]
(C) in subsection (a)(77), by striking ``(ii)'' and
inserting ``(kk)'';
(D) in subsection (ii)(2), as added by section
2303(a)(2) of Public Law 111-148, by striking ``(XV)''
and inserting ``(XVI)''; and
(E) by redesignating subsection (ii), as added by
section 6401(b)(1)(B) of Public Law 111-148, as
subsection (kk) and transferring such subsection so as
to appear after subsection (jj) of that section.
(2) Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended--
(A) in subparagraph (D), as added by section 6401(c)
of Public Law 111-148, by striking ``(ii)'' and
inserting ``(kk)''; and
(B) by redesignating the subparagraph (N) of that
section added by 2101(e) of Public Law 111-148 as
subparagraph (O).
SEC. 206. FUNDING FOR CLAIMS REPROCESSING.
For purposes of carrying out the provisions of, and amendments made
by, this Act that relate to title XVIII of the Social Security Act, and
other provisions of, or relating to, such title that ensure appropriate
payment of claims, there are appropriated to the Secretary of Health and
Human Services for the Centers for Medicare & Medicaid Services Program
Management Account, from amounts in the general fund of the Treasury not
otherwise appropriated, $200,000,000. Amounts appropriated under the
preceding sentence shall be in addition to any other funds available for
such purposes, shall remain available until expended, and shall not be
used to implement changes to title XVIII of the Social Security Act made
by Public Laws 111-148 and 111-152.
SEC. 207. REVISION TO THE MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1)(B) of the Social Security Act (42 U.S.C.
1395iii(b)(1)(B)) is amended by striking ``$550,000,000'' and inserting
``$275,000,000''.
SEC. 208. LIMITATIONS ON AGGREGATE AMOUNT RECOVERED ON
RECONCILIATION OF THE HEALTH INSURANCE TAX
CREDIT AND THE ADVANCE OF THAT CREDIT.
(a) In General.--So much of section 36B(f)(2)(B) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 36B.>> as precedes clause (ii)
thereof is amended to read as follows:
``(B) Limitation on increase.--
``(i) In general.--In the case of a taxpayer
whose household income is less than 500 percent of
the poverty line for the size of the family
involved for the taxable year, the amount of the
increase under subparagraph (A) shall in no event
exceed the applicable dollar amount determined in
accordance with the following table (one-half of
such amount in the case of a taxpayer whose tax is
determined under section 1(c) for the taxable
year):
[[Page 124 STAT. 3292]]
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``If the household income (expressed as a percent of
poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%............................................. $600
At least 200% but less than 250%........................... $1,000
At least 250% but less than 300%........................... $1,500
At least 300% but less than 350%........................... $2,000
At least 350% but less than 400%........................... $2,500
At least 400% but less than 450%........................... $3,000
At least 450% but less than 500%........................... $3,500''.
----------------------------------------------------------------------------------------------------------------
(b) Conforming Amendment.--Section 36B(f)(2)(B)(ii) of such Code
is <<NOTE: 26 USC 36B.>> amended by inserting ``in the table contained''
after ``each of the dollar amounts''.
(c) Effective <<NOTE: 26 USC 36B note.>> Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2013.
SEC. 209. DETERMINATION OF BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of this Act, for the purpose
of complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
(b) Emergency Designation for Congressional Enforcement.--In the
House of Representatives, this Act, with the exception of section 101,
is designated as an emergency for purposes of pay-as-you-go principles.
Approved December 15, 2010.
LEGISLATIVE HISTORY--H.R. 4994:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Apr. 14, considered and passed House.
Dec. 8, considered and passed Senate, amended.
Dec. 9, House concurred in Senate amendments.
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