I 108th CONGRESS 2d Session H. R. 3859 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.

1.

Short title

This Act may be cited as the &short-title1;.

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.