[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4386 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4386

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2000

  Mrs. Myrick (for herself, Ms. Danner, and Mr. Lazio) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   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 (XIII), by striking ``or'' at the 
                end;
                    (B) in subclause (XIV), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(XV) 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 (F)--
                    (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)(XV) 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 (x), by striking ``or'' at the end;
                    (B) in clause (xi), by adding ``or'' at the end; 
                and
                    (C) by inserting after clause (xi) the following:
            ``(xii) 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) Effective Date.--The amendments made by this section apply to 
medical assistance for items and services furnished on or after October 
1, 2000, 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.
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