H.R. 465

To amend titles XIX and XXI of the Social Security Act to permit States to ensure coverage without a 5-year delay of certain children and pregnant women under the Medicaid program and SCHIP.

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I

111th CONGRESS

1st Session

H. R. 465

IN THE HOUSE OF REPRESENTATIVES

January 13, 2009

Mr. Gene Green of Texas (for himself, Mr. Lincoln Diaz-Balart of Florida, and Mr. Waxman) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend titles XIX and XXI of the Social Security Act to permit States to ensure coverage without a 5-year delay of certain children and pregnant women under the Medicaid program and SCHIP.

1.

Permitting States to ensure coverage without a 5-year delay of certain children and pregnant women under the Medicaid program and SCHIP

(a)

Purpose

In order to promote the health of needy children and pregnant women residing lawfully in the United States, States should be permitted to waive certain restrictions which result in a 5-year delay for coverage of necessary health services for such children and women under the Medicaid program and SCHIP.

(b)

Medicaid program

Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended—

(1)

in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (4); and

(2)

by adding at the end the following new paragraph:

(4)
(A)

A State may elect (in a plan amendment under this title) to provide, notwithstanding sections 401(a), 402(b), 403, and 421 of Public Law 104–193, medical assistance under a State plan under this title to children and pregnant women who are lawfully residing in the United States (including battered individuals described in section 431(c) of such Act) and are otherwise eligible for such assistance.

(B)

Such election may be made only with respect to either or both of the following categories of individuals:

(i)

Children.

(ii)

Pregnant women.

(C)

In this paragraph:

(i)

The term pregnant women means women during pregnancy (and during the 60-day period beginning on the last day of the pregnancy).

(ii)

The term children means individuals under age 19 (or such higher age as the State has elected under section 1902(l)(1)(D)), including optional targeted low-income children described in section 1905(u)(2)(B).

.

(c)

CHIP

Section 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph:

(C)

Paragraph (4) of section 1903(v), insofar as it relates to the category of children or pregnant women (as such terms are defined in such paragraph), but only if the State has elected to apply such paragraph with respect to such category of children or pregnant women under title XIX and only if, in the case of pregnant women, the State has elected the option under section 2111 to provide assistance for pregnant women under this title.

.

(d)

Conforming amendment

Section 423(d)(1) of Public Law 104–193 is amended by inserting before the period the following: and medical or child health assistance furnished under section 1903(v)(4) or 2107(e)(1)(E), respectively, of the Social Security Act.

(e)

Effective date

The amendments made by this section take effect on the date of the enactment of this Act.