123STA T . 2 5PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9be e nsu bs ti tute dfor t h e F eder alm edi c al assistance p ercenta g e ( as defined in section 1905 (b ) ) .‘ ‘( B ) EXPENDITUR E S DES C RI B ED. — For purposes of subparagraph ( A ) , the e x penditures described in this subparagraph are expenditures made after the date of the enactment of this paragraph and during the period in w hich funds are a v ailable to the q ualif y ing S tate for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under title XI X or under a waiver of such plan and who have not attained age 19 (or, if a State has so elected under the State plan under title XIX, age 2 0 or 21), and whose family income equals or exceeds 1 3 3 percent of the poverty line but does not exceed the M edicaid applicable income level. ’ ’. (b) R EPE ALOFL I M ITATION ON A V AILABILIT Y OF FISCAL Y EAR 2009 ALLOTMENTS.— P aragraph (2) of section 201(b) of the Medicare, Medicaid, and S CH IP Extension Act of 200 7 (Public Law 110 – 173) is repealed. SEC.108 . ON E -TIM E AP P R OPRIATION. T here is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $ 11,70 6 ,000,000 to accom - pany the allotment made for the period beginning on O ctober 1, 2012, and ending on March 31, 2013, under section 210 4 (a)(16)(A) of the Social Security Act (42 U .S.C. 1397dd(a)(16)(A)) (as added by section 101), to remain available until expended. Such amount shall be used to provide allotments to States under paragraph (3) of section 2104(m) of the Social Security Act (42 U.S.C. 1397dd(i)), as added by section 102, for the first 6 months of fiscal year 2013 in the same manner as allotments are provided under subsection (a)(16)(A) of such section 2104 and sub j ect to the same terms and conditions as apply to the allotments provided from such subsection (a)(16)(A). SEC. 10 9 . IMPRO V IN GFU N D ING FOR T H E TERRITORIES UNDER CHIP AND MEDICAID. Section 110 8 (g) (42 U.S.C. 1308(g)) is amended by adding at the end the following new paragraph
‘‘(4) EXCLUSION OF CERTAIN EXPENDITURES FROM PAYMENT LIMITS.— W ith respect to fiscal years beginning with fiscal year 2009, if Puerto Rico, the V irgin Islands, G uam, the N orthern Mariana Islands, or American Samoa qualify for a payment under subparagraph (A)(i), (B), or (F) of section 1903(a)(3) for a calendar quarter of such fiscal year, the payment shall not be ta k en into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), and (3) of this subsection) to such commonwealth or territory for such fiscal year.’’. 42USC1397e e not e .
