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Calendar No. 542
106th CONGRESS
2d Session
H. R. 4386
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2000
Received; read the first time
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
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, to amend
the Public Health Service Act and the Federal Food, Drug, and Cosmetic
Act with respect to surveillance and information concerning the
relationship between cervical cancer and the human papillomavirus
(HPV), and for other purposes.
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 2000''.
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 (XVI), by striking ``or'' at the
end;
(B) in subclause (XVII), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(XVIII) 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 (G)--
(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)(XVIII) 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 (xi), by striking ``or'' at the end;
(B) in clause (xii), by adding ``or'' at the end;
and
(C) by inserting after clause (xii) the following:
``(xiii) 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(a)(5).''.
(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''.
(c) Enhanced Match.--The first sentence of section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)) is amended--
(1) by striking ``and'' before ``(3)''; and
(2) by inserting before the period at the end the
following: ``, and (4) the Federal medical assistance
percentage shall not be less than 75 percent with respect to
medical assistance provided to individuals who are eligible for
such assistance only on the basis of section
1902(a)(10)(A)(ii)(XVIII)''.
(d) Effective Date.--The amendments made by this section apply to
medical assistance for items and services furnished on or after October
1, 2001, without regard to whether final regulations to carry out such
amendments have been promulgated by such date.
SEC. 3. HUMAN PAPILLOMAVIRUS; ACTIVITIES OF CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317G the following
section:
``human papillomavirus
``Sec. 317H. (a) Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall--
``(A) enter into cooperative agreements with States
and other entities to conduct sentinel surveillance or
other special studies that would determine the
prevalence in various age groups and populations of
specific types of human papillomavirus (referred to in
this section as `HPV') in different sites in various
regions of the United States, through collection of
special specimens for HPV using a variety of
laboratory-based testing and diagnostic tools; and
``(B) develop and analyze data from the HPV
sentinel surveillance system described in subparagraph
(A).
``(2) Report.--The Secretary shall make a progress report
to the Congress with respect to paragraph (1) not later than
one year after the effective date of this section.
``(b) Prevention Activities; Education Program.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall conduct prevention research on HPV, including--
``(A) behavioral and other research on the impact
of HPV-related diagnoses on individuals;
``(B) formative research to assist with the
development of educational messages and information for
the public, for patients, and for their partners about
HPV;
``(C) surveys of physician and public knowledge,
attitudes, and practices about genital HPV infection;
and
``(D) upon the completion of and based on the
findings under subparagraphs (A) through (C), develop
and disseminate educational materials for the public
and health care providers regarding HPV and its impact
and prevention.
``(2) Report; final proposal.--The Secretary shall make a
progress report to the Congress with respect to paragraph (1)
not later than one year after the effective date of this
section, and shall develop a final proposal not later than two
years after such effective date, including a detailed summary
of the significant findings and problems. The report shall
outline the further steps needed to make HPV a reportable
disease and the best strategies to prevent future infections.
``(c) Condom Effectiveness; Education.--The Secretary shall require
that the Department of Health and Human Services and all contractors,
grantees, and subgrantees of such Department specifically state the
effectiveness or lack of effectiveness of condoms in preventing the
transmission of HPV, herpes, and other sexually transmitted diseases in
all informational materials related to condoms or sexually transmitted
diseases that are made available to the public. The Secretary shall
assure that such information is made available to relevant operating
divisions and offices of the Department of Health and Human Services.
This subsection shall be effective within 6 months of the date of its
enactment.''.
SEC. 4. LABELING OF CONDOMS WITH RESPECT TO HUMAN PAPILLOMAVIRUS.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(u) If it is a condom, unless its label and labeling bear
information providing that condoms do not effectively prevent the
transmission of the human papillomavirus and that such virus can cause
cervical cancer.''.
(b) Applicability.--The amendment made by subsection (a) applies to
condoms manufactured on or after the expiration of the 180-day period
beginning on the date of the enactment of this Act.
Passed the House of Representatives May 9, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 542
106th CONGRESS
2d Session
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