[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2063 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2063
To amend title XIX of the Social Security Act to permit States the
option to provide Medicaid coverage for low-income individuals infected
with HIV.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2001
Ms. Pelosi (for herself, Mr. Gephardt, Mr. Waxman, Mr. Brown of Ohio,
Mrs. Morella, Ms. Lee, Mr. Bonior, Mrs. Christensen, Mr. Rodriguez, Mr.
Underwood, Ms. Millender-McDonald, Mr. Clyburn, Mrs. Lowey, Mr.
Cummings, Mr. Horn, Mr. Crowley, Ms. Baldwin, Mrs. Tauscher, Mr.
Capuano, Ms. Schakowsky, Mr. McDermott, Mr. Dicks, Mr. Towns, Mr.
Serrano, Ms. Roybal-Allard, Mr. Hinchey, Mr. Blagojevich, Mr. Green of
Texas, Mr. Gonzalez, Ms. Carson of Indiana, Mr. Filner, Mr. Jackson of
Illinois, Mrs. Thurman, Mr. Frost, Mr. Gutierrez, Mr. Frank, Mr.
Lantos, Ms. Rivers, Mrs. Capps, Mr. Maloney of Connecticut, Mr. Brady
of Pennsylvania, Mr. Delahunt, Ms. Woolsey, Mr. Owens, Ms. Solis, Mr.
Stark, Ms. DeLauro, Mr. Conyers, Mr. Wynn, Ms. Eshoo, Mr. Neal of
Massachusetts, Ms. Brown of Florida, Mr. Schiff, Mr. Markey, Mr. Olver,
Ms. Waters, Mr. Clay, Ms. Slaughter, Mr. Rush, Mr. Inslee, Mr. Farr of
California, Mr. Rangel, Mr. Meehan, Mrs. Clayton, Mrs. Jones of Ohio,
Mr. Pallone, Ms. McCollum, Mr. Ackerman, Ms. Jackson-Lee of Texas, Mr.
Hastings of Florida, Mr. George Miller of California, Mr. Abercrombie,
Mrs. Meek of Florida, Mr. Payne, Ms. Velazquez, Mrs. Mink of Hawaii,
Mrs. Napolitano, Ms. Norton, Mr. Thompson of Mississippi, Mr. Hilliard,
Mr. Weiner, Ms. Kilpatrick, Mr. DeFazio, Mr. Davis of Illinois, Ms.
Sanchez, Mr. Evans, Mr. Udall of New Mexico, Mr. Engel, Mr. Bentsen,
Mr. Berman, Mr. Tierney, Mr. Holt, Mrs. McCarthy of New York, Mr.
Nadler, Mr. Gordon, Mr. Baird, Mr. Matsui, Mr. McGovern, Mr. Sanders,
Mr. Kildee, Mr. Honda, Mr. Sherman, Ms. Lofgren, Mrs. Maloney of New
York, Mr. Kleczka, Ms. Berkley, Ms. DeGette, Mr. Ford, Mr.
Faleomavaega, and Mr. Larson of Connecticut) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to permit States the
option to provide Medicaid coverage for low-income individuals infected
with HIV.
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 ``Early Treatment for HIV Act of
2001''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED
INDIVIDUALS.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 2(a) of the Breast and Cervical Cancer
Prevention and Treatment Act of 2000 (Public Law 106-354; 114 Stat.
1381) and section 702(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by section
1(a)(6) of Public Law 106-554), is amended--
(1) in subsection (a)(10)(A)(ii)--
(A) by striking ``or'' at the end of subclause
(XVII);
(B) by adding ``or'' at the end of subclause
(XVIII); and
(C) by adding at the end the following new
subclause:
``(XIX) who are described in
subsection (cc) (relating to HIV-
infected individuals);''; and
(2) by adding at the end the following new subsection:
``(cc) HIV-infected individuals described in this subsection are
individuals--
``(1) who have HIV infection;
``(2) whose income (as determined under the State plan
under this title with respect to disabled individuals) does not
exceed an amount (if any) specified by the State that is not
less than the higher of (A) the maximum amount of income a
disabled individual described in subsection (a)(10)(A)(i) may
have and obtain medical assistance under the plan, or (B) in
the case of a State that provides State supplementary payments,
the maximum amount of income that an individual in the State
may have and be eligible for such a State supplementary
payment; and
``(3) whose resources (as determined under the State plan
under this title with respect to disabled individuals) do not
exceed the maximum amount of resources a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan.''.
(b) Application of Presumptive Eligibility.--Title XIX of the
Social Security Act is amended by inserting after section 1920B the
following:
``presumptive eligibility for low-income individuals infected with hiv
``Sec. 1920C. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance available to an
individual described in section 1902(cc) (relating to low-income
individuals infected with HIV) during a presumptive eligibility period.
``(b) Application of Same Rules.--The provisions of subsections (b)
through (d) of section 1920B shall apply to individuals described in
subsection (a) and section 1902(cc) in the same manner as they apply to
individuals described in section 1920B(a) and section 1902(aa),
respectively.''.
(c) Exemption From Funding Limitation for Territories.--Section
1108(g) of such Act (42 U.S.C. 1308(g)) is amended by adding at the end
the following new paragraph:
``(3) Disregarding medical assistance for optional low-
income hiv-infected individuals.--The limitations under
subsection (f) and the previous provisions of this subsection
shall not apply to amounts expended for medical assistance for
individuals described in section 1902(cc) who are only eligible
for such assistance on the basis of section
1902(a)(10)(A)(ii)(XIX).''.
(d) Conforming and Technical Amendments.--
(1) Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as
amended by section 2(a)(4) of the Breast and Cervical Cancer
Prevention and Treatment Act of 2000 (Public Law 106-354; 114
Stat. 1381), is amended, in the matter before paragraph (1)--
(A) by striking ``or'' at the end of clause (xi),
(B) by adding ``or'' at the end of clause (xii),
and
(C) by inserting after clause (xiii) the following
new clause:
``(xiv) individuals described in section 1902(cc);''.
(2) Section 1903(f)(4) of the Social Security Act (42
U.S.C. 1396b(f)(4)), as amended by section 710(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (113 Stat. 2763A-578), as enacted into
law by section 1(a)(6) of Public Law 106-554, is amended by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(3)(A) Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 702(b) of the Medicare, Medicaid,
and SCHIP Benefits Improvement and Protection Act of 2000 (113
Stat. 2763A-572), as so enacted into law, is amended by
redesignating the subsection (aa) added by such section as
subsection (bb).
(B) Section 1902(a)(15) of the Social Security Act (42
U.S.C. 1396a(a)(15)), as added by section 702(a)(2) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (113 Stat. 2763A-572), as so enacted
into law, is amended by striking ``subsection (aa)'' and
inserting ``subsection (bb)''.
(C) Section 1915(b) of the Social Security Act (42 U.S.C.
1396n(b)), as amended by section 702(c)(2) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (113 Stat. 2763A-572), as so enacted into law, is amended
by striking ``1902(aa)'' and inserting ``1902(bb)''.
(e) Effective Date.--The amendments made by this section shall
apply to calendar quarters beginning on or after the date of the
enactment of this Act, without regard to whether or not final
regulations to carry out such amendments have been promulgated by such
date.
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