123STA T . 1 0 2 PUBLIC LA W 111 – 3 —FE B. 4, 200 9employ e r pe nsi on or ins u r a n c e f un d con t ri b ution described in sub - section ( b ) s h all be disre g arded in computing the per capita income of such S tate , but shall not be disregarded in computing the per capita income for the continental U nited States (and A las k a) and H a w aii . (b) S IGN I F I CA N TLYD I SPRO PORTIONAT EEM PLOYER P ENSION AN DI NS U RANCE F UND C ONTRI B UTION. — ( 1 ) IN GENERAL.—For purposes of this section, a signifi- cantly disproportionate employer pension and insurance fund contribution described in this subsection with respect to a State is any identifiable employer contribution towards pension or other employee insurance funds that is estimated to accrue to residents of such State for a calendar year (beginning with calendar year 20 0 3 ) if the increase in the amount so estimated e x ceeds 2 5 percent of the total increase in personal income in that State for the year in v olved. (2) DATA TO BE USED.—For estimating and ad j ustment aF M AP already calculated as of the date of the enactment of this Act for a State with a significantly disproportionate employer pension and insurance fund contribution, the Sec- retary shall use the personal income data set originally used in calculating such FMAP. (3) SPECIAL AD J USTMENT FOR NEGATI V E GRO W T H .—If in any calendar year the total personal income growth in a State is negative, an employer pension and insurance fund contribu- tion for the purposes of calculating the State ’ sFMAPfora calendar year shall not exceed 125 percent of the amount of such contribution for the previous calendar year for the State. (c) HOLD HARMLESS.— N o State shall have its FMAP for a fiscal year reduced as a result of the application of this section. (d) R EPORT.—Not later than May 15, 200 9 , the Secretary shall submit to the Congress a report on the problems presented by the current treatment of pension and insurance fund contributions in the use of B ureau of Economic Affairs calculations for the FMAP and for Medicaid and on possible alternative methodologies to miti- gate such problems. (e) FMAP DEFINED.—For purposes of this section, the term ‘ ‘FMAP’’ means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act ( 4 2 U.S.C. 139 6 (d)). SEC.615 . C LARIF ICA T I ON TREAT M ENT OF RE G IONAL ME D ICAL CENTER. (a) IN G ENERAL.—Nothing in section 1903(w) of the Social Security Act (42 U.S.C. 1396b(w)) shall be construed by the Sec- retary of Health and Human Services as prohibiting a State’s use of funds as the non-Federal share of expenditures under title X IX of such Act where such funds are transferred from or certified by a publicly-owned regional medical center located in another State and described in subsection (b), so long as the Secretary determines that such use of funds is proper and in the interest of the program under title XIX. (b) CENTER DESCRIBED.—A center described in this subsection is a publicly-owned regional medical center that— (1) provides level 1 trauma and burn care services
(2) provides level 3 neonatal care services; 42USC1396bnote.
