Home > 106th Congressional Bills > H.R. 1071 (ih) To amend title 38, United States Code, to improve benefits under the [Introduced in House] ...H.R. 1071 (ih) To amend title 38, United States Code, to improve benefits under the [Introduced in House] ...
Union Calendar No. 353
106th CONGRESS
2d Session
H. R. 1070
[Report No. 106-486, Part I]
To amend title XIX of the Social Security Act to provide medical
assistance for certain women screened and found to have breast or
cervical cancer under a federally funded screening program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 1999
Mr. Lazio (for himself, Ms. Eshoo, Ms. Ros-Lehtinen, Mrs. Capps, Mrs.
Morella, Mrs. Kelly, Mr. Brown of Ohio, Mr. George Miller of
California, Mr. Horn, Mr. Dixon, Ms. Pelosi, Mr. LaTourette, Mr.
Waxman, Mr. Serrano, Mr. Gilman, Mr. Maloney of Connecticut, Mr.
Meehan, Mr. Weldon of Pennsylvania, Mr. Underwood, Mr. Shows, Mr.
Abercrombie, Mr. McHugh, Mr. Etheridge, Mr. Sanders, Mrs. Clayton, Mr.
Walsh, Mr. McGovern, Mr. McNulty, Mr. Frost, Mr. Ney, Mr. Olver, Ms.
Millender-McDonald, Mr. Crowley, Mr. Sununu, Mr. Clement, Mr. Stark,
Ms. Carson, Mr. Foley, Mr. Coyne, Mr. Lantos, Mr. Inslee, Mrs. Wilson,
Mr. Sherman, Mr. Baldacci, Mr. Boehlert, Mr. Luther, Mr. Hinojosa, Mr.
DeFazio, Mr. Quinn, Mr. Price of North Carolina, Mr. Rangel, Mr.
Weygand, Mr. Forbes, Mr. Meeks of New York, Mr. Nadler, Mr. Barrett of
Wisconsin, Ms. Woolsey, Mr. Kucinich, Mr. King, Ms. Slaughter, Mrs.
Tauscher, Mr. Bilbray, Mr. Thompson of Mississippi, Mr. Hinchey, Mr.
Kleczka, Mr. Payne, Mr. Wynn, Mr. Jefferson, Mr. Smith of New Jersey,
Mr. Mascara, Mr. LoBiondo, Mr. Oberstar, Mr. Leach, Mr. Rush, Mr.
Matsui, Mr. Dingell, Mrs. Emerson, Mr. Filner, Mrs. Myrick, and Ms.
Lofgren) introduced the following bill; which was referred to the
Committee on Commerce
November 22, 1999
Reported with amendments and referred to the Committee on Ways and
Means for a period ending not later than February 29, 2000, for
consideration of such provisions of the bill and amendment as fall
within the jurisdiction of that committee pursuant to clause 1(s), rule
X
[Strike out all after the enacting clause and insert the part printed
in italic]
February 29, 2000
Referral to the Committee on Ways and Means extended for a period
ending not later than March 2, 2000
March 2, 2000
Referral to the Committee on Ways and Means extended for a period
ending not later than May 26, 2000
May 26, 2000
Additional sponsors: Mr. Wexler, Mr. Allen, Mr. Green of Texas, Mr.
Cummings, Mrs. Thurman, Ms. Berkley, Ms. Jackson-Lee of Texas, Mr.
McIntyre, Mrs. McCarthy of New York, Mr. Clay, Mr. Gary Miller of
California, Mr. Delahunt, Mr. Lewis of Georgia, Mr. McDermott, Mr.
Cook, Mr. Gibbons, Mr. Menendez, Mrs. Meek of Florida, Ms. Schakowsky,
Mr. Davis of Florida, Mr. Farr of California, Mr. Diaz-Balart, Ms.
DeGette, Mr. Berman, Mr. Blagojevich, Ms. Norton, Ms. Sanchez, Mr.
Weiner, Mr. Gonzalez, Mr. Sandlin, Mr. Martinez, Mr. Bass, Mr. Capuano,
Mrs. Lowey, Mrs. Maloney of New York, Mr. Phelps, Mrs. Napolitano, Ms.
Eddie Bernice Johnson of Texas, Ms. Lee, Ms. DeLauro, Mr. Bishop, Mrs.
Mink of Hawaii, Mr. Frank of Massachusetts, Mrs. Fowler, Mr. Kennedy of
Rhode Island, Mr. Kind, Mr. Tierney, Mr. Bentsen, Mr. Whitfield, Mr.
Wolf, Mr. Jackson of Illinois, Ms. Kaptur, Ms. McKinney, Mr. Condit,
Ms. Rivers, Ms. Waters, Ms. Kilpatrick, Mr. Peterson of Pennsylvania,
Mr. Moakley, Mr. Larson, Mr. Goodling, Mr. Hyde, Mr. Brady of
Pennsylvania, Mr. Towns, Mr. Pomeroy, Mr. Roemer, Mr. Edwards, Mr.
Skelton, Ms. Baldwin, Ms. Danner, Mr. Baker, Mr. Upton, Mr. Metcalf,
Mr. Barton of Texas, Mr. Pastor, Mr. Castle, Mrs. Bono, Mrs. Johnson of
Connecticut, Mr. Shays, Mr. Pallone, Mr. Klink, Mr. Stupak, Mr. Snyder,
Mr. Boswell, Mr. Becerra, Mr. Vento, Ms. Pryce of Ohio, Mr. Watts of
Oklahoma, Mr. LaHood, Mr. Houghton, Mrs. Roukema, Mr. Bilirakis, Mr.
Baird, Mr. Murtha, Mrs. Biggert, Mr. Camp, Mr. Ramstad, Mr. Berry, Mr.
Markey, Mr. Kuykendall, Mr. Rodriguez, Mr. Pascrell, Mr. Ackerman, Mr.
Brown of California, Ms. Velazquez, Mr. Burr of North Carolina, Mr.
Engel, Mr. Boucher, Mr. Thompson of California, Mr. Deutsch, Mr.
Gordon, Mr. Sawyer, Ms. Roybal-Allard, Ms. McCarthy of Missouri, Mr.
Strickland, Mr. Barcia, Mr. Hall of Texas, Mr. Costello, Mr. Gutierrez,
Mr. Hilliard, Mr. Hoeffel, Mrs. Jones of Ohio, Mr. Bonior, Mr. Ehrlich,
Ms. Brown of Florida, Ms. Stabenow, Mrs. Christensen, Mr. Davis of
Illinois, Mr. Gilchrest, Mr. Burton of Indiana, Mr. Hayworth, Mr.
Rahall, Mr. Ford, Mr. Gejdenson, Ms. Hooley of Oregon, Mr. Neal of
Massachusetts, Mr. Owens, Mr. Sweeney, Mr. Ose, Mr. Lucas of Kentucky,
Mr. Portman, Ms. Dunn, Mr. Udall of New Mexico, Mr. Blumenauer, Mr.
LaFalce, Mr. Moran of Virginia, Mr. Norwood, Mr. Pickering, Mr. Borski,
Mr. Clyburn, Mr. Minge, Mr. Watt of North Carolina, Mr. Smith of
Washington, Mr. Gillmor, Mr. Nussle, Mr. Lipinski, Mr. Deal of Georgia,
Mr. Udall of Colorado, Mr. Wicker, Mr. Cunningham, Mr. Salmon, Mr.
Andrews, Mr. Cardin, Mr. Dicks, Mr. Shaw, Mr. Lampson, Mr. Bonilla, Mr.
Barrett of Nebraska, Mr. Simpson, Mr. Jenkins, Mr. Cooksey, Mr. Hefley,
Mr. English, Mr. Saxton, Mr. Petri, Mr. Ganske, Mr. Bachus, Mr.
Hastings of Florida, Mr. Franks of New Jersey, Mr. Weller, Mr. Wu, Mr.
Bartlett of Maryland, Mr. Talent, Mr. Shadegg, Mr. Gallegly, Mr. Canady
of Florida, Mr. Kolbe, Mr. Vitter, Mr. Kildee, Mr. Terry, Mr. Bereuter,
Mr. Conyers, Mr. Coburn, Mr. Tancredo, Mr. Evans, Mr. Fletcher, Mr.
Doyle, Mr. Levin, Mr. Hall of Ohio, Mr. Riley, Mr. Porter, Mr. Holden,
Mr. Goode, Mr. Cramer, Mr. Scott, Mr. Traficant, Mr. Pickett, Mr.
Turner, Mr. Stenholm, Mr. Schaffer, Mr. Isakson, Mr. Tanner, Mr.
Visclosky, Mr. Reyes, Mr. Ewing, Mr. Holt, Mr. Sisisky, Mr. Moore, Mr.
Dooley of California, Mr. Ortiz, Mr. Green of Wisconsin, Mr. Shimkus,
Mr. Smith of Texas, Mr. McCrery, Mr. Hilleary, Mr. Packard, Mr.
Reynolds, Mr. Mollohan, Mr. Baca, Mr. Boyd, Mr. Ryan of Wisconsin, Mr.
Gutknecht, Mr. Wamp, Mr. Latham, Mr. Peterson of Minnesota, Mr.
Manzullo, Mr. McInnis, and Mr. Pease
May 26, 2000
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March
11, 1999]
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to provide medical
assistance for certain women screened and found to have breast or
cervical cancer under a federally funded screening program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast and Cervical Cancer
Prevention and Treatment Act of 1999''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CERVICAL CANCER
PATIENTS.
(a) Coverage as Optional Categorically Needy Group.--
(1) In general.--Section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XIII), by striking ``or'' at the
end;
(B) in subclause (XIV), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(XV) who are described in
subsection (aa) (relating to certain
breast or cervical cancer patients);''.
(2) Group described.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended by adding at the end the
following:
``(aa) Individuals described in this paragraph are individuals
who--
``(1) are not described in subsection (a)(10)(A)(i);
``(2) have not attained age 65;
``(3) have been screened for breast and cervical cancer
under the Centers for Disease Control and Prevention breast and
cervical cancer early detection program established under title
XV of the Public Health Service Act (42 U.S.C. 300k et seq.) in
accordance with the requirements of section 1504 of that Act
(42 U.S.C. 300n) and need treatment for breast or cervical
cancer; and
``(4) are not otherwise covered under creditable coverage,
as defined in section 2701(c) of the Public Health Service Act
(45 U.S.C. 300gg(c)).''.
(3) Limitation on Benefits.--Section 1902(a)(10) of the
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the
matter following subparagraph (F)--
(A) by striking ``and (XIII)'' and inserting
``(XIII)''; and
(B) by inserting ``, and (XIV) the medical
assistance made available to an individual described in
subsection (aa) who is eligible for medical assistance
only because of subparagraph (A)(10)(ii)(XV) shall be
limited to medical assistance provided during the
period in which such an individual requires treatment
for breast or cervical cancer'' before the semicolon.
(4) Conforming amendments.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended in the matter
preceding paragraph (1)--
(A) in clause (x), by striking ``or'' at the end;
(B) in clause (xi), by adding ``or'' at the end;
and
(C) by inserting after clause (xi) the following:
``(xii) individuals described in section 1902(aa),''.
(b) Presumptive Eligibility.--
(1) In general.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by inserting after section
1920A the following:
``presumptive eligibility for certain breast or cervical cancer
patients
``Sec. 1920B. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance available to an
individual described in section 1902(aa) (relating to certain breast or
cervical cancer patients) during a presumptive eligibility period.
``(b) Definitions.--For purposes of this section:
``(1) Presumptive eligibility period.--The term
`presumptive eligibility period' means, with respect to an
individual described in subsection (a), the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the individual is described in
section 1902(aa); and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of such
individual for services under the State plan;
or
``(ii) in the case of such an individual
who does not file an application by the last
day of the month following the month during
which the entity makes the determination
referred to in subparagraph (A), such last day.
``(2) Qualified entity.--
``(A) In general.--Subject to subparagraph (B), the
term `qualified entity' means any entity that--
``(i) is eligible for payments under a
State plan approved under this title; and
``(ii) is determined by the State agency to
be capable of making determinations of the type
described in paragraph (1)(A).
``(B) Regulations.--The Secretary may issue
regulations further limiting those entities that may
become qualified entities in order to prevent fraud and
abuse and for other reasons.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a State from
limiting the classes of entities that may become
qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c) Administration.--
``(1) In general.--The State agency shall provide qualified
entities with--
``(A) such forms as are necessary for an
application to be made by an individual described in
subsection (a) for medical assistance under the State
plan; and
``(B) information on how to assist such individuals
in completing and filing such forms.
``(2) Notification requirements.--A qualified entity that
determines under subsection (b)(1)(A) that an individual
described in subsection (a) is presumptively eligible for
medical assistance under a State plan shall--
``(A) notify the State agency of the determination
within 5 working days after the date on which
determination is made; and
``(B) inform such individual at the time the
determination is made that an application for medical
assistance under the State plan is required to be made
by not later than the last day of the month following
the month during which the determination is made.
``(3) Application for medical assistance.--In the case of
an individual described in subsection (a) who is determined by
a qualified entity to be presumptively eligible for medical assistance
under a State plan, the individual shall apply for medical assistance
under such plan by not later than the last day of the month following
the month during which the determination is made.
``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance that--
``(1) is furnished to an individual described in subsection
(a)--
``(A) during a presumptive eligibility period;
``(B) by a entity that is eligible for payments
under the State plan; and
``(2) is included in the care and services covered by the
State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903.''.
(2) Conforming amendments.--
(A) Section 1902(a)(47) of the Social Security Act
(42 U.S.C. 1396a(a)(47)) is amended by inserting before
the semicolon at the end the following: ``and provide
for making medical assistance available to individuals
described in subsection (a) of section 1920B during a
presumptive eligibility period in accordance with such
section''.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended--
(i) by striking ``or for'' and inserting
``, for''; and
(ii) by inserting before the period the
following: ``, or for medical assistance
provided to an individual described in
subsection (a) of section 1920B during a
presumptive eligibility period under such
section''.
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