123STA T .50 2 PUBLIC LA W 111 – 5 —FE B.1 7, 200 9payforqu ar te r sd ur ing t h ere c ession ad j ust m ent period a greater percentage of the non -F edera l share of such e x pendi- tures , or a greater percentage of the non-Federal share of payments under section 1923 , than the respecti v e percentage that w ould have b een required by the S tate under such plan on September 3 0 , 200 8 , prior to application of this section .( h )DEFIN I T I O N S . —I n this section, except as otherwise provided
(1) F MAP .— T he term ‘ ‘FMAP ’ ’ means the Federal medical assistance percentage, as defined in section 190 5 (b) of the Social Security Act ( 4 2 U .S. C . 139 6 d(b)), as determined without regard to this section except as otherwise specified. (2) PO V E R T YL INE.—The term ‘‘poverty line’’ has the meaning given such term in section 6 7 3(2) of the Community Services B loc kG rant Act (42 U.S.C. 9902(2)), including any revision required by such section. (3) R E C ESSION ADJU ST M ENT P ERIOD.—The term ‘‘recession adjustment period’’ means the period beginning on O ctober 1, 2008, and ending on December 31, 2010. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of H ealth and Human Services. (5) STATE.—The term ‘‘State’’ has the meaning given such term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of title X IX of the Social Security Act (42 U.S.C. 1396 et seq.). (i) SUNSET.—This section shall not apply to items and services furnished after the end of the recession adjustment period. (j) L IMITATION ON FMAP C H AN G E.—The increase in FMAP effected under section 614 of the Children’s Health Insurance Pro- gram Reauthori z ation Act of 2009 shall not apply in the computation of the enhanced FMAP under title XXI or XIX of the Social Security Act for any period (notwithstanding subsection (i)). SEC.50 0 2 . T E MPORA R YIN CREASE IN D S H A L LOTMENTS D U RIN G RECESSION. Section 1923(f)(3) of the Social Security Act (42 U.S.C. 1396r – 4(f)(3)) is amended— (1) in subparagraph (A), by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (6) and subparagraph ( E )’’
and (2) by adding at the end the following new subparagraph: ‘‘(E) TEMPORARY INCREASE IN ALLOTMENTS DURING RECESSION.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the DSH allotment for any State— ‘‘(I) for fiscal year 2009 is equal to 102.5 per- cent of the DSH allotment that would be deter- mined under this paragraph for the State for fiscal year 2009 without application of this subpara- graph, notwithstanding subparagraphs (B) and (C); ‘‘(II) for fiscal year 2010 is equal to 102.5 percent of the DSH allotment for the State for fiscal year 2009, as determined under subclause (I); and ‘‘(III) for each succeeding fiscal year is equal to the DSH allotment for the State under this paragraph determined without applying sub- clauses (I) and (II).
