118 HR 5864 IH: Expanded Genetic Screening Act U.S. House of Representatives 2023-10-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5864IN THE HOUSE OF REPRESENTATIVESOctober 2, 2023Mr. Fitzpatrick (for himself and Ms. Clarke of New York) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to provide for coverage under the Medicaid program of non-invasive prenatal genetic screening.

1.

Short title

This Act may be cited as the Expanded Genetic Screening Act.

2.

Medicaid coverage of non-invasive prenatal genetic screening

(a)

In general

Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1)in subsection (a)(3)— (A)in subparagraph (A), by striking at the end and; (B)in subparagraph (B), by inserting and after the semicolon; and (C)by adding at the end the following new subparagraph: (C)non-invasive prenatal genetic screening for pregnant women of all age groups (provided in a facility, a home, or other setting), subject to the informed consent requirement described in subsection (jj);; and (2)by adding at the end the following new subsection: (jj)

Informed consent requirement for non-invasive prenatal genetic screening

(1)

In general

For purposes of subsection (a)(3)(C), the informed consent requirement described in this subsection for non-invasive prenatal genetic screening furnished to a pregnant woman is that, prior to furnishing the screening to the woman, the provider of the screening gives the woman a full disclosure that includes, at a minimum, the following information: (A)The limitations of the screening platform for any genetic screen or test with the goal to identify risk or diagnose a genetic condition. (B)Any potential interferences that may affect the screening's performance. (C)Information about predictive values used by the screening based on appropriate matching population and inherent risk factors based on age, family history, and other aneuploidy risk factors (such as ultrasound abnormalities). (D)The need for follow-up diagnostic testing to confirm true positive results before decisions are made about irrevocable clinical intervention. (2)

No medical assistance available for screenings provided without consent

No payment may be made under section 1903(a) with respect to a non-invasive prenatal genetic screening that is furnished to a pregnant woman without meeting the requirement described in paragraph (1).. (b)

Conforming amendment

Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended— (1)in paragraph (26), by striking ; or; (2)in paragraph (27), by striking the period and inserting ; or; and (3)by inserting after paragraph (27) the following new paragraph: (28)with respect to amounts expended for non-invasive prenatal genetic screening services furnished to a pregnant woman, unless the informed consent requirement of section 1905(jj) is met..