[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 987 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 987

  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 SENATE OF THE UNITED STATES

                              June 5, 2001

  Mr. Torricelli (for himself and Mr. Kerry) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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:
                                    ``(XIX) who are described in 
                                subsection (cc) (relating to HIV-
                                infected individuals);''; and
            (2) by adding at the end the following:
    ``(cc) HIV-infected individuals described in this subsection are 
individuals not described in subsection (a)(10)(A)(i)--
            ``(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 the maximum amount of income a disabled individual 
        described in subsection (a)(10)(A)(i) may have and obtain 
        medical assistance under the plan; 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) Conforming Amendments.--Section 1905(a) of the Social Security 
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. 1382) is amended in the matter preceding paragraph 
(1)--
            (1) by striking ``or'' at the end of clause (xii);
            (2) by adding ``or'' at the end of clause (xiii); and
            (3) by inserting after clause (xiii) the following:
            ``(xiv) individuals described in section 1902(cc);''.
    (c) Exemption From Funding Limitation for Territories.--Section 
1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended by 
adding at the end the following:
            ``(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) Technical Amendments.--
            (1) 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 (as 
        enacted into law by section 1(a)(6) of Public Law 106-554), is 
        amended by redesignating the subsection (aa) added by such 
        section as subsection (bb).
            (2) 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 (as so enacted into law), is amended by 
        striking ``subsection (aa)'' and inserting ``subsection (bb)''.
            (3) 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 (as so enacted into law), is amended by striking 
        ``1902(aa)'' and inserting ``1902(bb)''.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), and (c) 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.
            (2) Technical amendments.--The amendments made by 
        subsection (d) shall take effect as if included in the 
        enactment of section 702 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).
                                 <all>