[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3325 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3325

To amend title XIX of the Social Security Act to permit a State waiver 
 authority to provide medical assistance in cases of congenital heart 
                                defects.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

 Mrs. Morella introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to permit a State waiver 
 authority to provide medical assistance in cases of congenital heart 
                                defects.

    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 ``Melissa Froelich Medicaid Congenital 
Heart Defect Waiver Act of 1999''.

SEC. 2. MEDICAID WAIVER TO PROVIDE MEDICAL ASSISTANCE IN CASE OF 
              INDIVIDUALS WITH CONGENITAL HEART DEFECTS.

    Section 1915 of the Social Security Act (42 U.S.C. 1396n) is 
amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h)(1)(A) Subject to paragraph (2), the Secretary shall by waiver 
provide that a State plan approved under this title may include as 
`medical assistance' under such plan payment for part or all of the 
costs of nursing care (including home health nursing care), respite 
care, physicians' services, prescribed drugs (including physician 
ordered dietary supplements), medical devices and supplies, home 
modifications required to accommodate the individual, transportation 
services (including medical transport costs of life-saving flights to 
treating hospitals), payment for the set aside fund for placement on 
the National Organ Waiting List, and such other services related to the 
treatment of the congenital heart defect or defects requested by the 
State as the Secretary may approve which are provided pursuant to a 
written plan of care to an individual described in subparagraph (B) 
with respect to whom there has been a determination that, but for the 
provision of such services, the individual would be likely to require 
the level of care provided in a hospital or nursing facility the cost 
of which could be reimbursed under the State plan.
    ``(B) Individuals described in this subparagraph are individuals 
who at the time of birth were diagnosed with one or more congenital 
heart defects which require surgical intervention.
    ``(2) A waiver shall not be granted under this subsection unless 
the State provides assurances satisfactory to the Secretary that--
            ``(A) necessary safeguards (including adequate standards 
        for provider participation) have been taken to protect the 
        health and welfare of individuals provided services under the 
        waiver and to assure financial accountability for funds 
        expended with respect to such services;
            ``(B) under such waiver, the State, in any fiscal year will 
        be the secondary payor of the medical assistance as required 
        under section 1902(a)(25);
            ``(C) individuals described in paragraph (1)(B) shall be 
        eligible for medical assistance at the time they have exhausted 
        all other health insurance benefits, without regard to the 
        assets or resources of the individual or the individual's 
        family;
            ``(D) the State will provide to the Secretary annually, 
        consistent with a data collection plan designed by the 
        Secretary, information on the impact of the waiver granted 
        under this subsection on the type and amount of medical 
        assistance provided under the State plan and on the health and 
        welfare of recipients.
    ``(3) The provisions of paragraphs (3) and (4) of subsection (e) 
shall apply under this subsection in the same manner as they apply 
under such subsection.''.
                                 <all>