P.L. 109-171 SEC. 6086. EXPANDED ACCESS TO HOME AND COMMUNITY-BASED SERVICES [Internal References.-SSAct Title XVIII heading and §§1811(c), 1833(g), 1834(a)(5), 1842(c)(2), 1848(f), 1877(h), 1886(d)(5), 1894, 1902(a), 1903(i) and (x), 1905(b), 1915(i) and 1917(c) have footnotes referring to P.L. 109-171.] P.L. 109-239, Approved July 3, 2006 (120 Stat. 508) Safe and Timely Interstate Placement of Foster Children Act of 2006 SEC. 2. [None assigned] It is the sense of the Congress that— (1) the States should expeditiously ratify the revised Interstate Compact for the Placement of Children recently promulgated by the American Public Human Services Association; (2) this Act and the revised Interstate Compact for the Placement of Children should not apply to those seeking placement in a licensed residential facility primarily to access clinical mental heath services; (3) the States should recognize and implement the deadlines for the completion and approval of home studies as provided in section 4 to move children more quickly into safe, permanent homes; and (4) Federal policy should encourage the safe and expedited placement of children into safe, permanent homes across State lines. SEC. 4. (a) *** (2) [None assigned] REPORT TO THE CONGRESS.-Within 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on (A) how frequently States need the extended 75-day period provided for in clause (ii) of section 471(a)(26)(A) of the Social Security Act in order to comply with clause (i) of such section; the reasons given for utilizing the extended compliance period; (B) the extent to which utilizing the extended compliance period leads to the resolution of the circumstances beyond the control of the State; and (C) the actions taken by States and any relevant Federal agencies to resolve the need for the extended compliance period. (3) [None assigned] SENSE OF THE CONGRESS.-It is the sense of the Congress that each State should (A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and (B) give full faith and credit to any home study report completed by any other State or an Indian tribe with respect to the placement of a child in foster care or for adoption. * SEC. 5. [None assigned] SENSE OF THE CONGRESS. It is the sense of the Congress that State agencies should fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption, for the purpose of locating a parent of the child, and such cooperation should include making available all information obtained from the Federal Parent Locator Service. P.L. 109-248 SEC. 14. [42 U.S.C. 622 note] (a) IN GENERAL.-Except as otherwise provided in this section, the amendments made by this Act shall take effect on October 1, 2006, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.-If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by a provision of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. [Internal References.-SSAct §§422(b), 438(a) and (b), 471(a) and (1), 473B, 475(1) and (5) have footnotes referring to P.L. 109-239.] P.L. 109-248, Approved July 27, 2006 (120 Stat. 587) SEC. 152. [42 U.S.C. 671 note] REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT. (1) GENERAL.-The amendments made by subsection (a) shall take effect on October 1, 2006, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (2) ELIMINATION OF OPT-OUT.-The amendments made by subsection (b) shall take effect on October 1, 2008, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (3) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.-If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 471 of the Social Security Act to meet the additional requirements imposed by the amendments made by a subsection of this section, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the otherwise applicable effective date of the amendments. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. P.L. 109-68 SEC. 5. [None Assigned]-Continued A State or tribe may use a grant made to the State or tribe under part A of title IV of the Social Security Act for any fiscal year to provide, without fiscal year limitation, any benefit or service that may be provided under the State or tribal program funded under such part to support needy families affected by Hurricane Katrina. SEC. 6. [None Assigned] WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY FAMILIES AFFECTED BY HURRICANE KATRINA. Benefits provided on a short-term, nonrecurring basis under a State program funded under part A of title IV of the Social Security Act, during the period that begins with the date of the enactment of this Act and ends with the end of fiscal year 2006, to meet a subsistence need of a family resulting from Hurricane Katrina shall not be considered assistance for purposes of sections 407 and 408(a)(7) of the Social Security Act. SEC. 7. [None Assigned] WAIVER OF TANF PENALTIES IN HURRICANEDAMAGED STATES. The Secretary of Health and Human Services shall not impose a penalty on any of the States of Louisiana, Mississippi, or Alabama under any of paragraphs (2) through (6), or (8) through (14) of section 409(a) of the Social Security Act with respect to a failure to comply with a provision of part A of title IV of such Act during the period that begins with the date of the enactment of this Act and ends with the end of fiscal year 2006, if the Secretary determines that the failure resulted from Hurricane Katrina or reasonable conduct of the State in addressing needs of victims of Hurricane Katrina. SEC. 8. [None Assigned] EMERGENCY DESIGNATION. Each amount provided in this Act (other than in section 2) is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). * [Internal References.—SSAct Title IV Part A and §§429A, 510, 1108(b), 1130(a), and 1925 have footnotes referring to P.L. 109-68.] P.L. 109-91, Approved October 20, 2005 (119 Stat. 2094) QI, TMA, and Abstinence Programs Extension and Hurricane Katrina SEC. 102. [None Assigned] EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM. Effective as if enacted on September 30, 2005, activities authorized by sections 510 and 1925 of the Social Security Act shall continue through December 31, 2005, in the manner authorized for fiscal year 2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the first quarter of fiscal year 2006 at the level provided for such activities through the first quarter of fiscal year 2005. * SEC. 201. [None Assigned] FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO ADDRESS HURRICANE KATRINA. Notwithstanding any provision of section 302(a) or 303(a)(8) of the Social Security Act, any State may, on or after August 28, 2005, use any amounts received by such P.L. 109-161 SEC. 201. [None Assigned] FLEXIBILITY IN UNEMPLOYMENT COMPENSATION State pursuant to title III of the Social Security Act to assist in the administration of claims for compensation on behalf of any other State if a major disaster was declared with respect to such other State or any area within such other State under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. [Internal References.—SSAct Title III heading, §§510 and 1925 have footnotes referring to P.L. 109-91.] P.L. 109-161, Approved December 30, 2005 (119 Stat. 2958) SECTION 1. [42 U.S.C. 1305 note] SHORT TITLE. This Act may be cited as the "TANF and Child Care Continuation Act of 2005”. SEC. 2. [None Assigned] EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT PROGRAM THROUGH MARCH 31, 2006. (a) IN GENERAL.-Activities authorized by part A of title IV and section 1108(b) of the Social Security Act (adjusted, as applicable, by or under the TANF Emergency Response and Recovery Act of 2005) shall continue through March 31, 2006, in the manner authorized for fiscal year 2005, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the second quarter of fiscal year 2006 at the level provided for such activities through the second quarter of fiscal year 2005 (or, as applicable, at such greater level as may result from the application of the TANF Emergency Response and Recovery Act of 2005). (b) CONFORMING AMENDMENT.-Section 403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking "December 31, 2005" and inserting "March 31, 2006". (c) OFFSET.-Notwithstanding subsection (a) of this section and section 403(a)(2) of the Social Security Act, for each of fiscal years 2006 through 2010, the Secretary shall reduce the amount of each grant otherwise payable under such section 403(a)(2) to each eligible State (as defined in subparagraph (C)(i) of such section 403(a)(2)) by such equal percentage as may be necessary to ensure that the total amount of grants paid under such section 403(a)(2) does not exceed $73,000,000. SEC. 3. [None Assigned] EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH MARCH 31, 2006. Activities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through March 31, 2006, in the manner authorized for fiscal year 2005, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the second quarter of fiscal year 2006 at the level provided for such activities through the second quarter of fiscal year 2005. [Internal References.—SSAct Title IV Part A and §§429A, 1108(b), and 1130(a) have footnotes referring to P.L. 109-161.] P.L. 109-171 SEC. 3. [None Assigned] EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH MARCH 31, 2006.-Continued P.L. 109-171, Approved February 8, 2006 (120 Stat. 4) SECTION 1. [42 U.S.C. 1305] SHORT TITLE. (b) [42 U.S.C. 1395ww note] PLAN FOR HOSPITAL VALUE BASED PURCHASING PRO (1) IN GENERAL.-The Secretary of Health and Human Services shall develop a plan to implement a value based purchasing program for payments under the Medicare program for subsection (d) hospitals beginning with fiscal year 2009. (2) DETAILS.-Such a plan shall include consideration of the following issues: (A) The on-going development, selection, and modification process for measures of quality and efficiency in hospital inpatient settings. (B) The reporting, collection, and validation of quality data. (C) The structure of value based payment adjustments, including the determination of thresholds or improvements in quality that would substantiate a payment adjustment, the size of such payments, and the sources of funding for the value based payments. (D) The disclosure of information on hospital performance. In developing such a plan, the Secretary shall consult with relevant affected parties and shall consider experience with such demonstrations that are relevant to the value based purchasing program under this subsection. * SEC. 5002. CLARIFICATION OF DETERMINATION OF MEDICAID PATIENT DAYS FOR DSH COMPUTATION. (b) [None Assigned] RATIFICATION AND PROSPECTIVE APPLICATION OF PREVIOUS REGULATIONS. (1) IN GENERAL.-Subject to paragraph (2), regulations described in paragraph (3), insofar as such regulations provide for the treatment of individuals eligible for medical assistance under a demonstration project approved under title XI of the Social Security Act under section 1886 (d)(5)(F)(vi) of such Act, are hereby ratified, effective as of the date of their respective promulgations. (2) NO APPLICATION TO CLOSED COST REPORTS.-Paragraph (1) shall not be applied in a manner that requires the reopening of any cost reports which are closed as of the date of the enactment of this Act. (3) REGULATIONS DESCRIBED.—For purposes of paragraph (1), the regulations described in this paragraph are as follows: (A) 2000 REGULATION.-Regulations promulgated on January 20, 2000, at 65 Federal Register 3135, et seq., including the policy in such regulations regarding discharges occurring prior to January 20, 2000. (B) 2003 REGULATION.—Regulations promulgated on August 1, 2003, at 68 Federal Register 45345 et seq. |