Page:United States Statutes at Large Volume 123.djvu/521

 123STA T .50 1 PUBLIC LA W 111 – 5 —FE B.1 7, 200 9repo r ting re qu ire m ent impo s e d under cla use ( ii ), during an y period in wh ich there are e x igent cir - cumstances, including natural disasters, that pre v ent the timely processing o f claims or the su b mission of such a report . (iv) AP P LICAT I ON TO CLAI MS . —C lauses (i) and (ii) shall only apply to claims made for covered services after the date of enactment of this Act. ( B ) APPLICATION TO N UR SIN GF ACILITI E SAN DH OS- PITALS.— (i) I N GENERAL.— S ub j ect to clause (ii), the provi- sions of subparagraph (A) shall apply with respect to a nursing facility or hospital, insofar as it is paid under title X IX of the Social Security Act on the basis of submission of claims, in the same or similar manner (but within the same timeframe) as such provisions apply to practitioners described in such subparagraph. (ii) G RACE PERIOD.— N otwithstanding clause (i), no period of ineligibility shall be imposed against a State prior to J une 1, 20 0 9 , on the basis of the State failing to pay a claim in accordance with such clause. ( 3 ) STATE ’ S APPLICATION TO W ARD RAIN Y DAY FUND.—A State is not eligible for an increase in its FM A P under subsection (b) or (c), or an increase in a cap amount under subsection (d), if any amounts attributable (directly or indirectly) to such increase are deposited or credited into any reserve or rainy day fund of the State. ( 4 )NOWAI V ER AUTHORITY.— E xcept as provided in para- graph (2)(A)(iii), the Secretary may not waive the application of this subsection or subsection (g) under section 111 5 of the Social Security Act or otherwise. (5) L IMITATION OF FMAP TO 10 0 PERCENT.—In no case shall an increase in FMAP under this section result in an FMAP that exceeds 100 percent. ( 6 ) T REATMENT OF CERTAIN E X PENDITURES.— W ith respect to expenditures described in section 2105(a)(1)(B) of the Social Security Act (42 U .S.C. 139 7 ee(a)(1)(B)), as in effect before April 1, 2009, that are made during the period beginning on O ctober 1, 200 8, and ending on March 31, 2009, any additional Federal funds that are paid to a State as a result of this section that are attributable to such expenditures shall not be counted against any allotment under section 2104 of such Act (42 U.S.C. 1397dd). (g) R E Q UIREMENTS.— (1) STATE REPORTS.—Each State that is paid additional Federal funds as a result of this section shall, not later than September 30, 2011, submit a report to the Secretary, in such form and such manner as the Secretary shall determine, regarding how the additional Federal funds were expended. (2) ADDITIONAL REQUIREMENT FOR CERTAIN STATES.—In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expendi- tures under the State Medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State is not eligible for an increase in its FMAP under subsection (b) or (c), or an increase in a cap amount under subsection (d), if it requires that such political subdivisions Timep e r i od.