17 Section 1905 of the Social Security Act (42 U.S.C.
18 1396d), as amended by sections 2001(a)(3) and
19 2001(b)(2), is amended—
20 (1) in subsection (b), in the first sentence, by
21 striking ‘‘subsection
’’ and inserting ‘‘subsections
22
and (aa)’’; and
23 (2) by adding at the end the following new sub24
section:
433
O:\ERN\ERN09C11.xml [file 2 of 9] S.L.C.
1 ‘‘(aa)(1) Notwithstanding subsection (b), beginning
2 January 1, 2011, the Federal medical assistance percent3
age for a fiscal year for a disaster-recovery FMAP adjust4
ment State shall be equal to the following:
5 ‘‘(A) In the case of the first fiscal year (or part
6 of a fiscal year) for which this subsection applies to
7 the State, the Federal medical assistance percentage
8 determined for the fiscal year without regard to this
9 subsection and subsection
, increased by 50 per10
cent of the number of percentage points by which
11 the Federal medical assistance percentage deter12
mined for the State for the fiscal year without re13
gard to this subsection and subsection
, is less
14 than the Federal medical assistance percentage de15
termined for the State for the preceding fiscal year
16 after the application of only subsection (a) of section
17 5001 of Public Law 111–5 (if applicable to the pre18
ceding fiscal year) and without regard to this sub19
section, subsection
, and subsections (b) and (c)
20 of section 5001 of Public Law 111–5.
21 ‘‘(B) In the case of the second or any suc22
ceeding fiscal year for which this subsection applies
23 to the State, the Federal medical assistance percent24
age determined for the preceding fiscal year under
25 this subsection for the State, increased by 25 per434
O:\ERN\ERN09C11.xml [file 2 of 9] S.L.C.
1 cent of the number of percentage points by which
2 the Federal medical assistance percentage deter3
mined for the State for the fiscal year without re4
gard to this subsection and subsection
, is less
5 than the Federal medical assistance percentage de6
termined for the State for the preceding fiscal year
7 under this subsection.
8 ‘‘(2) In this subsection, the term ‘disaster-recovery
9 FMAP adjustment State’ means a State that is one of
10 the 50 States or the District of Columbia, for which, at
11 any time during the preceding 7 fiscal years, the President
12 has declared a major disaster under section 401 of the
13 Robert T. Stafford Disaster Relief and Emergency Assist14
ance Act and determined as a result of such disaster that
15 every county or parish in the State warrant individual and
16 public assistance or public assistance from the Federal
17 Government under such Act and for which—
18 ‘‘(A) in the case of the first fiscal year (or part
19 of a fiscal year) for which this subsection applies to
20 the State, the Federal medical assistance percentage
21 determined for the State for the fiscal year without
22 regard to this subsection and subsection
, is less
23 than the Federal medical assistance percentage de24
termined for the State for the preceding fiscal year
25 after the application of only subsection (a) of section
435
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1 5001 of Public Law 111–5 (if applicable to the pre2
ceding fiscal year) and without regard to this sub3
section, subsection
, and subsections (b) and (c)
4 of section 5001 of Public Law 111–5, by at least 3
5 percentage points; and
6 ‘‘(B) in the case of the second or any suc7
ceeding fiscal year for which this subsection applies
8 to the State, the Federal medical assistance percent9
age determined for the State for the fiscal year with10
out regard to this subsection and subsection
, is
11 less than the Federal medical assistance percentage
12 determined for the State for the preceding fiscal
13 year under this subsection by at least 3 percentage
14 points.
15 ‘‘(3) The Federal medical assistance percentage de16
termined for a disaster-recovery FMAP adjustment State
17 under paragraph (1) shall apply for purposes of this title
18 (other than with respect to disproportionate share hospital
19 payments described in section 1923 and payments under
20 this title that are based on the enhanced FMAP described
21 in 2105(b)) and shall not apply with respect to payments
22 under title IV (other than under part E of title IV) or
23 payments under title XXI.’’.