[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3696 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3696

To amend the Social Security Act to require the Secretary of Health and 
Human Services to approve or deny on a timely basis an application for 
     a waiver for certain AFDC and Medicaid demonstration projects.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 1996

Mr. Paxon (for himself, Mr. Frisa, Ms. Molinari, Mr. King, Mr. Solomon, 
 Mr. Walsh, Mrs. Meyers of Kansas, Mr. Bass, Mr. Houghton, and Mr. Sam 
Johnson of Texas) introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act to require the Secretary of Health and 
Human Services to approve or deny on a timely basis an application for 
     a waiver for certain AFDC and Medicaid demonstration projects.

    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 ``AFDC and Medicaid Waiver Fairness 
Act of 1996''.

SEC. 2. ESTABLISHMENT OF DEADLINE FOR APPROVAL OR DENIAL OF A SECTION 
              1115 WAIVER APPLICATION.

    (a) In General.--Section 1115 of the Social Security Act (42 U.S.C. 
1315) is amended by adding at the end the following:
    ``(e)(1) In the case of an application under this section for a 
waiver of compliance with any of the requirements of section 402 or 
1902, the application is deemed to be complete, as of the end of the 
30-day period beginning on the date of its submission to the Secretary, 
unless within such period the Secretary provides written notice to the 
applicant that states that the application is incomplete and that 
specifies the additional information required to complete the 
application.
    ``(2)(A) Such an application is deemed to be approved as of the end 
of the period described in subparagraph (B), unless the Secretary 
provides written notice to the applicant before the end of such period 
that the application is denied.
    ``(B) The period described in this subparagraph is the 30-day 
period beginning on the date the application is complete, but in no 
case beginning later than 60 days (or such later date as the applicant 
and the Secretary may agree to) after the date of submission of the 
application.
    ``(C) Nothing in this paragraph shall be construed as preventing an 
applicant from withdrawing an application at any time.
    ``(3) In the case of denial of such an application, the Secretary 
shall transmit, not later than 15 days after the date of the notice of 
denial, to the Congress and to the applicant an explanation of the 
specific reasons for such denial, including the factors and data that 
the Secretary took into consideration in making the final 
determination.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 
        applies to applications for waivers under section 1115 of the 
        Social Security Act submitted on or after, or pending with the 
        Secretary of Health and Human Services on, the date of the 
        enactment of this Act.
            (2) Rules for pending application.--In applying such 
        section with respect to such an application pending with the 
        Secretary on such date, if the Secretary--
                    (A) has not determined the application to be 
                complete as of such date, the application is deemed to 
                be submitted on such date, or
                    (B) has determined the application to be complete 
                as of such date, the application is deemed to be 
                complete on such date.
                                 <all>