[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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