123STA T . 3 9PUBLIC LA W 111 – 3 —FE B. 4, 2 0 09 (b)ENHA N CEDA D MI NI STR ATI V E FU NDIN GFO R T RANS L ATION OR I NTER P RETATION S ERVICES U NDER CH I P AND M EDICAID .— ( 1 ) CHIP.—S ection2 1 05 ( a )(1) ( 4 2 U.S.C. 1 397 ee(a)(1)) , a s a m en d edb y section 113, is amended— (A)int h e matte rp recedin g s u bparagraph (A), by inserting ‘ ‘(or, in the case o f e x penditures described in subparagraph ( D )(i v ), the higher of 75 percent or the sum of the enhanced FMAP p l us 5 percentage points) ’ ’ after ‘‘enhanced FMAP’’
and ( B ) in subparagraph (D)— (i) in clause (iii), by stri k ing ‘‘and’’ at the end; (ii) by redesignating clause (iv) as clause (v); and (iii) by inserting after clause (iii) the follo w ing new clause
‘‘(iv) for translation or interpretation services in connection with the enrollment of, retention of, and use of services under this title by, individuals for whom English is not their primary language (as found nec - essary by the Secretary for the proper and efficient administration of the State plan); and’’. (2) MEDICAID.— (A) USE OF MEDICAID FUNDS.—Section 1903(a)(2) (42 U.S.C. 139 6 b(a)(2)) is amended by adding at the end the following new subparagraph: ‘‘(E) an amount e q ual to 75 percent 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 translation or interpreta- tion services in connection with the enrollment of, retention of, and use of services under this title by, children of families for whom English is not the primary language; plus’’. (B) USE OF COMMUNIT Y HEALTH W OR K ERS FOR OUT- REACH ACTIVITIES.— (i) IN GENERAL.—Section 2102(c)(1) of such Act (42 U.S.C. 1397bb(c)(1)) is amended by inserting ‘‘(through community health workers and others)’’ after ‘‘ O utreach’’. (ii) IN FEDERAL EVALUATION.—Section 210 8 (c)(3)(B) of such Act (42 U.S.C. 1397hh(c)(3)(B)) is amended by inserting ‘‘(such as through community health workers and others)’’ after ‘‘including practices’’. SEC.20 2. IN C R E A SE DOUT REAC H AND ENRO L L M ENT O F INDIANS. (a) IN G ENERAL.—Section 1139 (42 U.S.C. 1320b – 9) is amended to read as follows: ‘ ‘SEC. 1 1 39 .IM P RO V ED ACCESS TO , AND DELIVER Y OF, HEALTH CARE FOR INDIANS UNDER TITLES X IX AND XXI. ‘‘(a) AGREEMENTS W ITH STATES FOR MEDICAID AND CHIP OUT- REACH ONOR N EAR R ESERVATIONS TO INCREASE THE ENROLLMENT OF INDIANS IN THOSE PROGRAMS.— ‘‘(1) IN GENERAL.—In order to improve the access of Indians residing on or near a reservation to obtain benefits under the Medicaid and State children’s health insurance programs established under titles X IX and XXI, the Secretary shall encourage the State to take steps to provide for enrollment on or near the reservation. Such steps may include outreach efforts such as the outstationing of eligibility workers, entering
