[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3859 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3859

  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

                           February 26, 2004

Ms. Pelosi (for herself, Mr. Gephardt, Mr. Leach, Ms. Ros-Lehtinen, Mr. 
   Hoyer, Mr. Abercrombie, Mr. Ackerman, Mr. Allen, Ms. Baldwin, Ms. 
      Berkley, Mr. Boehlert, Mr. Bonner, Mrs. Bono, Mr. Brady of 
 Pennsylvania, Mrs. Christensen, Mr. Cummings, Mr. Davis of Illinois, 
 Mrs. Davis of California, Ms. DeLauro, Mr. Deutsch, Mr. Doggett, Mr. 
      Emanuel, Mr. Ferguson, Mr. Filner, Mr. Foley, Mr. Frank of 
Massachusetts, Mr. Frelinghuysen, Mr. Frost, Mr. Garrett of New Jersey, 
 Mr. Grijalva, Mr. Hastings of Florida, Mr. Hinchey, Mr. Hoeffel, Mr. 
  Houghton, Ms. Jackson-Lee of Texas, Mr. Jefferson, Mrs. Kelly, Mr. 
 Kirk, Mr. Kleczka, Mr. Lantos, Mr. Larsen of Washington, Ms. Lee, Ms. 
   Lofgren, Mr. Lynch, Ms. McCollum, Mr. McDermott, Mr. McNulty, Mr. 
 Michaud, Ms. Millender-McDonald, Mr. George Miller of California, Mr. 
  Nethercutt, Mr. Payne, Mr. Price of North Carolina, Mr. Quinn, Mr. 
 Rodriguez, Mr. Rothman, Ms. Schakowsky, Mr. Schiff, Mr. Serrano, Mr. 
   Shays, Mr. Shimkus, Mr. Simmons, Ms. Slaughter, Mr. Smith of New 
 Jersey, Ms. Solis, Mr. Stark, Mr. Sweeney, Mr. Udall of Colorado, Mr. 
    Van Hollen, Mr. Walsh, Ms. Waters, Mr. Waxman, and Mr. Wexler) 
 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 
2004''.

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) 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) Enhanced Match.--The first sentence of section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b)) is amended by striking 
``section 1902(a)(10)(A)(ii)(XVIII)'' and inserting ``subclause (XVIII) 
or (XIX) of section 1902(a)(10)(A)(ii)''.
    (c) Conforming Amendments.--Section 1905(a) of the Social Security 
Act (42 U.S.C. 1396d(a)) 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);''.
    (d) 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).''.
    (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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