SECTION 159.
** Section was returned for amendment (Attachment J)
(a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b), contingent upon receipt of at least $27,200,000 in TANF contingency funds authorized by Title IV, Section 403(b) of the Social Security Act, a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011 in item 4000-0640 of section 2.
(b) Subsection (a) shall take effect only upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth's eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011.
Veto Explanation:
I am vetoing this section because it awards $27.2 million in possible federal funds to private nursing facilities in preference to other programs to assist needy citizens, and because none of the enhanced FMAP funds have been received from or committed by the federal government.