[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3332 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3332

To amend title XIX of the Social Security Act to clarify the exemption 
of certain children with special needs from State option to use managed 
                                 care.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

 Mr. Strickland (for himself and Ms. DeGette) introduced the following 
         bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to clarify the exemption 
of certain children with special needs from State option to use managed 
                                 care.

    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 ``Medicaid Children with Special 
Health Care Needs Improvement Act of 1999''.

SEC. 2. CLARIFICATION OF SPECIAL RULES APPLYING TO THE EXEMPTION OF 
              CERTAIN CHILDREN WITH SPECIAL NEEDS FROM STATE OPTION TO 
              USE MANAGED CARE.

    (a) Description of Children With Special Needs.--
            (1) In general.--Section 1932(a)(2)(A)(ii) of the Social 
        Security Act (42 U.S.C. 1396u-2(a)(2)(A)(ii)) is amended by 
        striking ``is described in section 501(a)(1)(D)'' and inserting 
        ``meets the State definition of eligibility for services or 
        programs for children with special needs described in section 
        501''.
            (2) Effective date.--The amendment made by paragraph (1) is 
        effective as if included in the enactment of the Balanced 
        Budget Act of 1997.
    (b) Process for Waivers.--
            (1) In general.--Section 1932(a)(2)(A) of such Act (42 
        U.S.C. 1396u-2(a)(2)(A)) is amended by adding at the end the 
        following new subparagraph:
                    ``(D) Process for the use of waiver authority.--If 
                a State applies for a waiver under section 1915(b) or 
                1115 to require enrollment in a managed care entity for 
                children described in subparagraph (A), such waiver may 
                not be approved unless--
                            ``(i) the provision of such waiver include 
                        access and quality standards and reporting 
                        requirements specific to these children, and
                            ``(ii) there is no waiver of the patient 
                        protection standards under this section or the 
                        solvency standards under section 1903(m).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies to waivers approved on or after the date of the 
        enactment of this Act.
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