As argued by Public Citizen in a lawsuit over the Act,[5] the Senate clerk had mistakenly changed a clause related to Medicare reimbursements when transmitting the engrossed bill to the House.
Many argued that the document signed by the President did not have the force of law because the enacting process bypassed the Bicameral Clause of the U.S. Constitution.
[7] At least five individuals or organizations sued to overturn the act, or parts of it they disagreed with, including Public Citizen, attorney James Zeigler, and education finance company OneSimpleLoan.
The reauthorization of the Temporary Assistance for Needy Families program was also contained in the bill, as was the provision for the Digital Transition and Public Safety Act of 2005.
Part of the TANF reauthorization reduces the threshold for passport denial for child support arrearages under 42 USC 652(k) to $2,500.
It also establishes new rules for the treatment of annuities, including a requirement that the state be named as the remainder beneficiary, allows Continuing Care Retirement Communities (CCRCs) to require residents to spend down their declared resources before applying for medical assistance, sets forth rules under which an individual's CCRC entrance fee is considered an available resource, requires all states to apply the so-called “income-first” rule to community spouses who appeal for an increased resource allowance based on their need for more funds invested to meet their minimum income requirements, extends long-term care partnership programs to any state,[14] and authorizes states to include home and community-based services as an optional Medicaid benefit when they previously had to obtain a waiver to provide such services.