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1 retary shall implement a process to eliminate duplication
2 between the Healthcare Integrity and Protection Data
3 Bank (in this subsection referred to as the ‘HIPDB’ es-
4 tablished pursuant to subsection (a) and the National
5 Practitioner Data Bank (in this subsection referred to as
6 the ‘NPDB’) as implemented under the Health Care Qual-
7 ity Improvement Act of 1986 and section 1921 of this Act,
8 including systems testing necessary to ensure that infor-
9 mation formerly collected in the HIPDB will be accessible
10 through the NPDB, and other activities necessary to
11 eliminate duplication between the two data banks. Upon
12 the completion of such process, notwithstanding any other
13 provision of law, the Secretary shall cease the operation
14 of the HIPDB and shall collect information required to
15 be reported under the preceding provisions of this section
16 in the NPDB. Except as otherwise provided in this sub-
17 section, the provisions of subsections (a) through (g) shall
18 continue to apply with respect to the reporting of (or fail-
19 ure to report), access to, and other treatment of the infor-
20 mation specified in this section..’’.
21 (b) ELIMINATION OF THE RESPONSIBILITY OF THE

22 HHS OFFICE OF THE INSPECTOR GENERAL.—Section

23 1128C(a)(1) of the Social Security Act (42 U.S.C. 1320a-
24 7c(a)(1)) is amended—

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738
1 (1) in subparagraph (C), by adding at the end
2 ‘‘and’’;
3 (2) in subparagraph (D), by striking at the end
4 ‘‘, and’’ and inserting a period; and
5 (3) by striking subparagraph (E).
6 (c) SPECIAL PROVISION FOR ACCESS TO THE NA -
7 TIONAL PRACTITIONER DATA BANK BY THE DEPART-
8 MENT OF VETERANS AFFAIRS.—
9 (1) IN GENERAL.—Notwithstanding any other
10 provision of law, during the one year period that be-
11 gins on the effective date specified in subsection
12 (e)(1), the information described in paragraph (2)
13 shall be available from the National Practitioner
14 Data Bank (described in section 1921 of the Social
15 Security Act) to the Secretary of Veterans Affairs
16 without charge.
17 (2) INFORMATION DESCRIBED.—For purposes
18 of paragraph (1), the information described in this
19 paragraph is the information that would, but for the
20 amendments made by this section, have been avail-
21 able to the Secretary of Veterans Affairs from the
22 Healthcare Integrity and Protection Data Bank.
23 (d) FUNDING.—Notwithstanding any provisions of
24 this Act, sections 1128E(d)(2) and 1817(k)(3) of the So-
25 cial Security Act, or any other provision of law, there shall

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739
1 be available for carrying out the transition process under
2 section 1128E(h) of the Social Security Act over the pe-
3 riod required to complete such process, and for operation
4 of the National Practitioner Data Bank until such process
5 is completed, without fiscal year limitation—
6 (1) any fees collected pursuant to section
7 1128E(d)(2) of such Act; and
8 (2) such additional amounts as necessary, from
9 appropriations available to the Secretary and to the
10 Office of the Inspector General of the Department of
11 Health and Human Services under clauses (i) and
12 (ii), respectively, of section 1817(k)(3)(A) of such
13 Act, for costs of such activities during the first 12
14 months following the date of the enactment of this
15 Act.
16 (e) EFFECTIVE DATE.—The amendments made—
17 (1) by subsection (a)(2) shall take effect on the
18 first day after the Secretary of Health and Human
19 Services certifies that the process implemented pur-
20 suant to section 1128E(h) of the Social Security Act
21 (as added by subsection (a)(3)) is complete; and
22 (2) by subsection (b) shall take effect on the
23 earlier of the date specified in paragraph (1) or the
24 first day of the second succeeding fiscal year after
25 the fiscal year during which this Act is enacted.

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740
1 SEC. 1653. COMPLIANCE WITH HIPAA PRIVACY AND SECU-

2 RITY STANDARDS.

3 The provisions of sections 262(a) and 264 of the

4 Health Insurance Portability and Accountability Act of
5 1996 (and standards promulgated pursuant to such sec-
6 tions) and the Privacy Act of 1974 shall apply with respect
7 to the provisions of this subtitle and amendments made
8 by this subtitle.
9 TITLE VII—MEDICAID AND CHIP
10 Subtitle A—Medicaid and Health
11 Reform
12 SEC. 1701. ELIGIBILITY FOR INDIVIDUALS WITH INCOME

13 BELOW 133-1⁄3 PERCENT OF THE FEDERAL

14 POVERTY LEVEL.

15 (a) ELIGIBILITY FOR NON-TRADITIONAL INDIVID-

16 UALS WITH INCOME BELOW 133 PERCENT OF THE FED-
17 ERAL POVERTY LEVEL.—
18 (1) IN GENERAL.—Section 1902(a)(10)(A)(i) of
19 the Social Security Act (42 U.S.C.
20 1396b(a)(10)(A)(i) is amended—
21 (A) by striking ‘‘or’’ at the end of sub-
22 clause (VI);
23 (B) by adding ‘‘or’’ at the end of subclause
24 (VII); and
25 (C) by adding at the end the following new
26 subclause:
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741
1 ‘‘(VIII) who are under 65 years
2 of age, who are not described in a pre-
3 vious subclause of this clause, and
4 who are in families whose income (de-
5 termined using methodologies and
6 procedures specified by the Secretary
7 in consultation with the Health
8 Choices Commissioner) does not ex-
9 ceed 133 1⁄3 percent of the income
10 official poverty line (as defined by the
11 Office of Management and Budget,
12 and revised annually in accordance
13 with section 673(2) of the Omnibus
14 Budget Reconciliation Act of 1981)
15 applicable to a family of the size in-
16 volved;’’.
17 (2) 100% FMAP FOR NON-TRADITIONAL MED-

18 ICAID ELIGIBLE INDIVIDUALS.—Section 1905 of

19 such Act (42 U.S.C. 1396d) is amended—
20 (A) in the third sentence of subsection (b)
21 by inserting before the period at the end the
22 following: ‘‘and with respect to amounts de-
23 scribed in subsection (y)’’; and
24 (B) by adding at the end the following new
25 subsection:

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1 ‘‘(y) ADDITIONAL EXPENDITURES SUBJECT TO

2 100% FMAP.—For purposes of section 1905(b), the

3 amounts described in this subsection are the following:
4 ‘‘(1) Amounts expended for medical assistance
5 for individuals described in subclause (VIII) of sec-
6 tion 1902(a)(10)(A)(i).’’.
7 (3) CONSTRUCTION.—Nothing in this sub-
8 section shall be construed as not providing for cov-
9 erage under subclause (VIII) of section
10 1902(a)(10)(A)(i) of the Social Security Act, as
11 added by paragraph (1) of, and an increased FMAP
12 under the amendment made by paragraph (2) for,
13 an individual who has been provided medical assist-
14 ance under title XIX of the Act under a demonstra-
15 tion waiver approved under section 1115 of such Act
16 or with State funds.
17 (4) CONFORMING AMENDMENT.—Section

18 1903(f)(4) of the Social Security Act (42 U.S.C.

19 1396b(f)(4)) is amended by inserting
20 ‘‘1902(a)(10)(A)(i)(VIII),’’ after
21 ‘‘1902(a)(10)(A)(i)(VII),’’.
22 (b) ELIGIBILITY FOR TRADITIONAL MEDICAID ELI-
23 GIBLE INDIVIDUALS WITH INCOME NOT EXCEEDING 133-
24 ⁄ PERCENT OF THE FEDERAL POVERTY LEVEL .—
13

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1 (1) IN GENERAL.—Section 1902(a)(10)(A)(i) of
2 the Social Security Act (42 U.S.C.
3 1396b(a)(10)(A)(i)), as amended by subsection (a),
4 is amended—
5 (A) by striking ‘‘or’’ at the end of sub-
6 clause (VII);
7 (B) by adding ‘‘or’’ at the end of subclause
8 (VIII); and
9 (C) by adding at the end the following new
10 subclause:
11 ‘‘(IX) who are under 65 years of
12 age, who would be eligible for medical
13 assistance under the State plan under
14 one of subclauses (I) through (VII)
15 (based on the income standards,
16 methodologies, and procedures in ef-
17 fect as of June 16, 2009) but for in-
18 come and who are in families whose
19 income does not exceed 1331⁄3 percent
20 of the income official poverty line (as
21 defined by the Office of Management
22 and Budget, and revised annually in
23 accordance with section 673(2) of the
24 Omnibus Budget Reconciliation Act of

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744
1 1981) applicable to a family of the
2 size involved;’’.
3 (2) 100% FMAP FOR CERTAIN TRADITIONAL

4 MEDICAID ELIGIBLE INDIVIDUALS.—Section 1905(y)

5 of such Act (42 U.S.C. 1396d(b)), as added by sub-
6 section (a)(2)(B), is amended by inserting ‘‘or (IX)’’
7 after ‘‘(VIII)’’.
8 (3) CONSTRUCTION.—Nothing in this sub-
9 section shall be construed as not providing for cov-
10 erage under subclause (IX) of section
11 1902(a)(10)(A)(i) of the Social Security Act, as
12 added by paragraph (1) of, and an increased FMAP
13 under the amendment made by paragraph (2) for,
14 an individual who has been provided medical assist-
15 ance under title XIX of the Act under a demonstra-
16 tion waiver approved under section 1115 of such Act
17 or with State funds.
18 (4) CONFORMING AMENDMENT.—Section

19 1903(f)(4) of the Social Security Act (42 U.S.C.

20 1396b(f)(4)), as amended by subsection (a)(4), is
21 amended by inserting ‘‘1902(a)(10)(A)(i)(IX),’’ after
22 ‘‘1902(a)(10)(A)(i)(VIII),’’.
23 (c) 100% MATCHING RATE FOR TEMPORARY COV-
24 ERAGE OF CERTAIN NEWBORNS.—Section 1905(y) of
25 such Act, as added by subsection (a)(2)(B), is amended—

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