Page:United States Statutes at Large Volume 123.djvu/519

 123STA T .49 9 PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 shal l bet he 3-con sec u t iv e- m onth p e r io d be g inning w ith O ctober 20 0 8; and ( ii ) the last 2 calendar q uarters o f the recession ad j ustment period , the most recent previous 3-consecu- tive-month period described in such subparagraph shall be the 3-consecutive-month period beginning with D ecember 200 9, or, if it results in a higher applicable percent under paragraph (3), the 3-consecutive-month period beginning with J anuar y 20 1 0 . (d) INCREAS E I N C A PO N M E D ICAID P A YM EN T STO T ERRITORIES. —S ubject to subsections (f) and (g), with respect to entire fiscal years occurring during the recession adjustment period and with respect to fiscal years only a portion of which occurs during such period (and in proportion to the portion of the fiscal year that occurs during such period), the amounts otherwise determined for Puerto R ico, the V irgin Islands, G uam, the N orthern Mariana Islands, and A merican Samoa under subsections (f) and (g) of sec- tion 1108 of the Social Security Act ( 4 2 6U .S.C. 1308) shall each be increased by 30 percent (or, in the case of an election under subsection (b)(2), 1 5 percent). In the case of such an election by a territory, subsection (a)(1) of such section shall be applied without regard to any increase in payment made to the territory under part E of title IV of such Act that is attributable to the increase in F MAP effected under subsection (b) for the territory. (e) SCOPE O F APP L ICATION.—The increases in the FMAP for a State under this section shall apply for purposes of title X IX of the Social Security Act and shall not apply with respect to— (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r – 4); (2) payments under title IV of such Act (42 U.S.C. 601 et seq.) (e x cept that the increases under subsections (a) and (b) shall apply to payments under part E of title IV of such Act (42 U.S.C. 6 7 0 et seq.) and, for purposes of the application of this section to the District of Columbia, payments under such part shall be deemed to be made on the basis of the FMAP applied with respect to such District for purposes of title XIX and as increased under subsection (b)); (3) payments under title XXI of such Act (42 U.S.C. 1397aa et seq.); (4) any payments under title XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)); or (5) any payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to individuals made eligible under a State plan under title XIX of the Social Security Act (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) because of income standards (expressed as a percentage of the poverty line) for eligibility for medical assistance that are higher than the income standards (as so expressed) for such eligibility as in effect on July 1, 2008, (including as such standards were proposed to be in effect under a State law enacted but not effective as of such date or a State plan amend- ment or waiver request under title XIX of such Act that was pending approval on such date). (f) STATE INELI G I B ILITY; L IMITATION; SPECIAL R U LES.— (1) MAINTENANCE OF ELIGIBILITY RE Q UIREMENTS.— Ap p licab ili ty.