[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1052 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1052

To amend titles XVIII and XIX of the Social Security Act to provide for 
   coverage under the Medicare and Medicaid Programs of incontinence 
                             undergarments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

  Mr. Frank of Massachusetts introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend titles XVIII and XIX of the Social Security Act to provide for 
   coverage under the Medicare and Medicaid Programs of incontinence 
                             undergarments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICARE COVERAGE OF INCONTINENCE UNDERGARMENTS.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by adding ``and'' at the end; and
            (3) by inserting after subparagraph (Z) the following new 
        subparagraph:
            ``(AA) incontinence undergarments (such as adult 
        diapers);''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to items furnished on or after Janaury 1, 2006.

SEC. 2. MEDICAID COVERAGE OF INCONTINENCE UNDERGARMENTS.

    (a) Requirement.--The first sentence of section 1905(a) of the 
Social Security Act (42 U.S.C. 1396d(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (27);
            (2) by striking the period at the end of paragraph (28) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (28) the following new 
        paragraph:
            ``(29) incontinence undergarments (such as adult 
        diapers).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items furnished on or after January 1, 2006.
    (c) State Compliance.--In the case of a State plan for medical 
assistance under title XIX of the Social Security Act which the 
Secretary of Health and Human Services determines requires State 
legislation (other than legislation authorizing or appropriating funds) 
in order for the plan to meet the additional requirement imposed by the 
amendment made by subsection (a), the State plan shall not be regarded 
as failing to comply with the requirements of such title solely on the 
basis of its failure to meet this additional requirement before the 
first day of the first calendar quarter beginning after the close of 
the first regular session of the State legislature that begins after 
the date of the enactment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year legislative session, 
each year of such session shall be deemed to be a separate regular 
session of the State legislature.
                                 <all>