Page:United States Statutes at Large Volume 124.djvu/945

 124 STAT. 919 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) is described in clauses (i) and (ii) of paragraph (1)(B); and ‘‘(ii) is the State with the highest percentage of its popu- lation insured during 2008, based on the Current Population Survey. ‘‘(3) Notwithstanding subsection (b) and paragraphs (1) and (2) of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) with respect to all or any portion of a fiscal year that begins on or after January 1, 2017, for the State of Nebraska, with respect to amounts expended for newly eligible individuals described in subclause (VIII) of section 1902(a)(10)(A)(i), shall be determined as provided for under sub- section (y)(1)(A) (notwithstanding the period provided for in such paragraph). ‘‘(4) The increase in the Federal medical assistance percentage for a State under paragraphs (1), (2), or (3) shall apply only for purposes of this title and shall not apply with respect to— ‘‘(A) disproportionate share hospital payments described in section 1923; ‘‘(B) payments under title IV; ‘‘(C) payments under title XXI; and ‘‘(D) payments under this title that are based on the enhanced FMAP described in section 2105(b).’’; (5) in subsection (aa), is amended by striking ‘‘without regard to this subsection and subsection (y)’’ and inserting ‘‘without regard to this subsection, subsection (y), subsection (z), and section 10202 of the Patient Protection and Affordable Care Act’’ each place it appears; (6) by adding after subsection (bb), the following: ‘‘(cc) REQUIREMENT FOR CERTAIN STATES.—Notwithstanding subsections (y), (z), and (aa), in the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures required under the State plan under section 1902(a)(2), the State shall not be eligible for an increase in its Federal medical assistance percentage under such subsections if it requires that political subdivisions pay a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentages that would have been required by the State under the State plan under this title, State law, or both, as in effect on December 31, 2009, and without regard to any such increase. Voluntary contributions by a political subdivision to the non-Federal share of expenditures under the State plan under this title or to the non-Federal share of payments under section 1923, shall not be considered to be required contribu- tions for purposes of this subsection. The treatment of voluntary contributions, and the treatment of contributions required by a State under the State plan under this title, or State law, as provided by this subsection, shall also apply to the increases in the Federal medical assistance percentage under section 5001 of the American Recovery and Reinvestment Act of 2009.’’. (d) Section 1108(g)(4)(B) of the Social Security Act (42 U.S.C. 1308(g)(4)(B)), as added by section 2005(b), is amended by striking ‘‘income eligibility level in effect for that population under title XIX or under a waiver’’ and inserting ‘‘the highest income eligibility level in effect for parents under the commonwealth’s or territory’s State plan under title XIX or under a waiver of the plan’’. Applicability. Nebraska. Determination.