Page:United States Statutes at Large Volume 123.djvu/102

 123STA T .8 2 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9‘ ‘ (D)maker e co mme nd a ti on s re g arding im p ro v ing and strengt h ening the time l iness ,qu alit y , andpu b lic trans - parency and accessibility o f information about child health and health care quality . ‘‘( 2 ) FUNDI N G . —U pto $1, 0 00,000 of the amount appro- priated under subsection (i) for a fiscal year shall be used to carry out this subsection. ‘‘(h) R U LEOFC ON STR U C TION.— N ot w ithstanding any other provision in this section, no evidence based quality measure devel- oped, published, or used as a basis of measurement or reporting under this section may be used to establish an irrebuttable presumption regarding either the medical necessity of care or the ma x imum permissible coverage for any individual child who is eligible for and receiving medical assistance under title XI Xor child health assistance under title XXI. ‘‘(i) AP PROPRI A TION.— O ut of any funds in the T reasury not otherwise appropriated, there is appropriated for each of fiscal years 200 9 through 201 3 ,$ 45 ,000,000 for the purpose of carrying out this section (other than subsection (e)). Funds appropriated under this subsection shall remain available until expended. ’ ’. (b) INCREASED M ATC H ING RATE FOR COLLECTING AND REPORTING ON CHILD H EALTH MEASURES.— S ection 1903(a)(3)(A) (42 U.S.C. 139 6 b(a)(3)(A)), is amended— (1) by striking ‘‘and’’ at the end of clause (i) and (2) by adding at the end the following new clause ‘‘(iii) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to such developments or modifications of systems of the type described in clause (i) as are necessary for the efficient collection and reporting on child health measures; and’’. SEC.402 . IMPROV E DA VAI L A B ILI TY O F P U BLIC I N FORMATION RE G ARDING ENROLLMENT OF C H ILDREN IN CHIP AND MEDICAID. (a) INCLUSION OF P ROCESS AND ACCESS MEASURES IN ANNUAL STATE REPORTS.—Section 210 8 (42 U.S.C. 139 7 hh) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘The State’’ and inserting ‘‘Sub j ect to subsection (e), the State’’; and (2) by adding at the end the following new subsection: ‘‘(e) INFOR M ATION RE Q UIRED FOR INCLUSION IN STATE ANNUAL REPORT.—The State shall include the following information in the annual report required under subsection (a): ‘‘(1) E ligibility criteria, enrollment, and retention data (including data with respect to continuity of coverage or dura- tion of benefits). ‘‘(2) Data regarding the extent to which the State uses process measures with respect to determining the eligibility of children under the State child health plan, including meas- ures such as 12-month continuous eligibility, self-declaration of income for applications or renewals, or presumptive eligi- bility. ‘‘(3) Data regarding denials of eligibility and redetermina- tions of eligibility. Recom me nda-ti on s.