United States. Congress

“ IN GENERAL.— Only for purposes of computing the FMAP (as defined in subsection (e) ) for a State for a fiscal year (beginning with fiscal year 2006) and applying the FMAP under title XIX of the Social Security Act, any significantly disproportionate employer pension or insurance fund contribution described in subsection (b) shall be disregarded in computing the per capita income of such State, but shall not be disregarded in computing the per capita income for the continental United States (and Alaska) and Hawaii. ”

“ SPECIAL ADJUSTMENT FOR NEGATIVE GROWTH.— If in any calendar year the total personal income growth in a State is negative, an employer pension and insurance fund contribution for the purposes of calculating the State’s FMAP for a calendar year shall not exceed 125 percent of the amount of such contribution for the previous calendar year for the State. ”

“ RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as— ‘‘ (i) requiring a State to offer all or any of the items and services required by subparagraph (A) (ii) through an issuer of benchmark coverage described in subsection (b) (1) or benchmark equivalent coverage described in subsection (b) (2) ; ‘‘ (ii) preventing a State from offering all or any of the items and services required by subparagraph (A) (ii) through an issuer of benchmark coverage described in subsection (b) (1) or benchmark equivalent coverage described in subsection (b) (2) ”