,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #eda  ,,in ,,the ,,house ,,of   
,,representatives  ,january #ac1        
#bjag,mr4 ,collins of ,new ,york 7for   
himself1 ,mr4 ,mullin1 ,mr4 ,guthrie1   
,mr4 ,bucshon1 and ,mr4 ,flores7        
introduced the following bill2 which was
 referred to the ,committee on ,energy  
and ,commerce  ,a ,,bill  ,to amend     
title ,,xix of the ,social ,security    
,act to improve the calculation1        
oversight1 and accountability of        
non-,,dsh supplemental payments under   
the ,medicaid program1 and for other    
purposes4  #a4 ,short title2 table of   
contents ,this ,act may be cited as the 
,improving ,oversight and               
,accountability in ,medicaid ,non-,,dsh 
,supplemental ,payments ,act4  #b4      
,improving calculation1 oversight1 and  
accountability of non-,,dsh supplemental
 payments under the medicaid program    
7a7 ,guidance for states on non-,,dsh   
supplemental payments2 state reporting  
and auditing requirements ,section #aijc

 of the ,social ,security ,act 7#db     
,u4,s4,c4 #acif;b7 is amended by adding 
at the end the following new subsection3
  7aa7  7#a7 ,not later than #ahj days  
after the date of the enactment of this 
subsection1 the ,secretary shall-- 7,a7 
issue guidance to ,states that          
identifies permissible methods for      
calculation of non-,,dsh supplemental   
payments to providers to ensure such    
payments are consistent with section    
#aijb7;a77#cj77;,a7 7including any      
regulations issued under such section   
such as the regulations specifying upper
 payment limits under the ,state plan in
 part #ddg of title #db1 ,code of       
,federal ,regulations 7or any successor 
regulations772  7,b7 establish annual   
reporting requirements for ,states      
making non-,,dsh supplemental payments  
that include--  7i7 with respect to a   
provider that is a hospital1 nursing    
facility1 intermediate care facility for
 the mentally retarded1 or an           
institution for mental diseases1 or any 

other institution1 an identification of 
each provider that received a non-,,dsh 
supplemental payment for the preceding  
fiscal year1 the type of ownership or   
operating authority of each such        
provider1 and the aggregate amount of   
such payments received by each provider 
for the preceding fiscal year broken out
 by category of service2  7ii7 with     
respect a provider that is not described
 in clause 7i71 any information         
specified in the preceding paragraph1 as
 determined appropriate by the          
,secretary2 and  7iii7 such other       
information as the ,secretary determines
 to be necessary to ensure that         
non-,,dsh supplemental payments made to 
providers under this section are        
consistent with section                 
#aijb7;a77#cj77;,a72 and  7,c7 establish
 requirements for ,states making        
non-,,dsh supplemental payments to      
conduct and submit to the ,secretary an 
annual independent certified audit that 
verifies--  7i7 the extent to which     

non-,,dsh supplemental payments made in 
the preceding fiscal year are consistent
 with the guidance issued under         
subparagraph 7,a72  7ii7 that payments  
made under the ,state plan 7or under a  
waiver of the plan7 are only for the    
provision of covered services to        
eligible individuals under the ,state   
plan 7or under a waiver of the plan72   
and  7iii7 any other information the    
,secretary determines is necessary to   
ensure non-,,dsh supplemental payments  
are consistent with applicable ,federal 
laws and regulations4  7#b7 ,for        
purposes of this subsection1 the term   
non-,,dsh supplemental payment means a  
payment1 other than a payment under     
section #aibc1 that-- 7,a7 is identified
 by the ,secretary through guidance     
described in paragraph 7#a77;,a72  7,b7 
is made by a ,state to a provider under 
the ,state plan 7or under a waiver of   
the plan7 for an item or service        
furnished to an individual eligible for 
medical assistance under the ,state plan

 7or under a waiver of the plan72 and   
7,c7 is in addition to any base or      
standard payments made to a provider    
under the ,state plan 7or under a waiver
 of the plan7 for such an item or       
service1 including any additional       
payments made to such provider that are 
not more than any limits imposed        
pursuant to section #aijb7;a77#cj77;,a7 
7including the regulations specifying   
upper payment limits under the ,state   
plan in part #ddg of title #db1 ,code of
 ,federal ,regulations 7or any successor
 regulations774  4  7b7 ,state reporting
 and auditing of non-,,dsh supplemental 
payments ,section #aijc7;i7 of the      
,social ,security ,act 7#db ,u4,s4,c4   
#acif;b7i77 is amended-- 7#a7 in        
paragraph 7#bf71 by striking or at the  
end2  7#b7 by redesignating paragraph   
7#bg7 as paragraph 7#bh72 and  7#c7 by  
inserting after paragraph 7#bf7 the     
following new paragraph3  7#bg7 with    
respect to amounts expended to make any 
non-,,dsh supplemental payment 7as      

defined in subsection 7aa77#b771 unless 
the ,state complies with the reporting  
and auditing requirements under         
subparagraphs 7,b7 and 7,c7 of          
subsection 7aa77#a72 or  4