123STA T .5 2 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9Sta t epl a nfor t h ef isc al y ear for pro v i d in gm edical assistance to individ u als w ho provided inconsistent information as the num b er of individuals with inconsistent information in e x cess of 3 percent of such total submitted bears to the total number of individuals with inconsistent information .‘ ‘ (C)T he Secretary may waive , in certain limited cases, all or part of the payment under subparagraph ( B )(ii) if the State is unable to reach the allowable error rate despite a good faith effort by such State. ‘‘( D ) Subparagraphs ( A ) and (B) shall not apply to a State for a fiscal year if there is an agreement described in paragraph ( 2 )(B) in effect as of the close of the fiscal year that provides for the submission on a real - time basis of the information described in such paragraph. ‘‘( 4 ) N othing in this subsection shall affect the rights of any individual under this title to appeal any disenrollment from a State plan. ’ ’. (B) C OST SO FIMPLE ME N TIN GA N D MAINTAINING S Y STEM. — Section 190 3(a)(3) (42 U .S.C. 139 6 b(a)(3)) is amended— (i) by stri k ing ‘‘plus’’ at the end of subparagraph ( E ) and inserting ‘‘and’’, and (ii) by adding at the end the following new subparagraph
‘‘( F )(i) 90 percent of the sums expended during the q uarter as are attributable to the design, development, or installation of such mechani z ed verification and informa- tion retrieval systems as the Secretary determines are nec- essary to implement section 1902(ee) (including a system described in paragraph (2)(B) thereof), and ‘‘(ii) 75 percent of the sums expended during the quarter as are attributable to the operation of systems to which clause (i) applies, plus’’. (2) L IMITATION ON W AI V E R A U T H ORITY.—Notwithstanding any provision of section 1115 of the Social Security Act (42 U.S.C. 1315), or any other provision of law, the Secretary may not waive the requirements of section 1902(a)(46)(B) of such Act (42 U.S.C. 1396a(a)(46)(B)) with respect to a State. (3) CONFORMING AMENDMENTS.—Section 1903 (42 U.S.C. 1396b) is amended— (A) in subsection (i)(22), by striking ‘‘subsection (x)’’ and inserting ‘‘section 1902(a)(46)(B)’’
and (B) in subsection (x)(1), by striking ‘‘subsection (i)(22)’’ and inserting ‘‘section 1902(a)(46)(B)(i)’’. (4) APPROPRIATION.— O ut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Commissioner of Social Security $ 5,000,000 to remain available until expended to carry out the Commis- sioner’s responsibilities under section 1902(ee) of the Social Security Act, as added by subsection (a). (b) CLARIFI C ATION OF R E Q UIREMENTS RELATING TO P RESEN- TATION OF SATISFACTORY DOCUMENTARY EVIDENCE OF CITI Z ENSHIP OR NATIONALITY.— (1) ACCEPTANCE OF DOCUMENTARY EVIDENCE ISSUED B YA FEDERALLY RECOGNIZED INDIAN TRIBE.—Section 1903(x)(3)(B) (42 U.S.C. 1396b(x)(3)(B)) is amended— (A) by redesignating clause (v) as clause (vi); and 42USC1396anote.W a iv e r a u t h orit y .
