Page:United States Statutes at Large Volume 120.djvu/119

 120 STAT. 88

42 USC 1396b note.

PUBLIC LAW 109–171—FEB. 8, 2006 (b) GRANT FUNDS FOR ESTABLISHMENT OF ALTERNATE NONEMERGENCY SERVICES PROVIDERS.—Section 1903 of the Social Security Act (42 U.S.C. 1396b), as amended by section 6037(a)(2), is amended by adding at the end the following new subsection: ‘‘(y) PAYMENTS FOR ESTABLISHMENT OF ALTERNATE NON-EMERGENCY SERVICES PROVIDERS.— ‘‘(1) PAYMENTS.—In addition to the payments otherwise provided under subsection (a), subject to paragraph (2), the Secretary shall provide for payments to States under such subsection for the establishment of alternate non-emergency service providers (as defined in section 1916A(e)(5)(B)), or networks of such providers. ‘‘(2) LIMITATION.—The total amount of payments under this subsection shall not exceed $50,000,000 during the 4-year period beginning with 2006. This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection. ‘‘(3) PREFERENCE.—In providing for payments to States under this subsection, the Secretary shall provide preference to States that establish, or provide for, alternate non-emergency services providers or networks of such providers that— ‘‘(A) serve rural or underserved areas where beneficiaries under this title may not have regular access to providers of primary care services; or ‘‘(B) are in partnership with local community hospitals. ‘‘(4) FORM AND MANNER OF PAYMENT.—Payment to a State under this subsection shall be made only upon the filing of such application in such form and in such manner as the Secretary shall specify. Payment to a State under this subsection shall be made in the same manner as other payments under section 1903(a).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to non-emergency services furnished on or after January 1, 2007. SEC. 6044. USE OF BENCHMARK BENEFIT PACKAGES.

42 USC 1396v.

(a) IN GENERAL.—Title XIX of the Social Security Act, as amended by section 6035, is amended by redesignating section 1937 as section 1938 and by inserting after section 1936 the following new section: ‘‘STATE

42 USC 1396u–7.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

FLEXIBILITY IN BENEFIT PACKAGES

‘‘SEC. 1937. (a) STATE OPTION OF PROVIDING BENCHMARK BENEFITS.— ‘‘(1) AUTHORITY.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of this title, a State, at its option as a State plan amendment, may provide for medical assistance under this title to individuals within one or more groups of individuals specified by the State through enrollment in coverage that provides— ‘‘(i) benchmark coverage described in subsection (b)(1) or benchmark equivalent coverage described in subsection (b)(2); and ‘‘(ii) for any child under 19 years of age who is covered under the State plan under section

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