[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1341 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1341

 To require each State to provide a minimum level of access to health 
care to all citizens of such State as a condition for participation in 
                 Federal health care funding programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2005

  Mr. Fattah introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
     Ways and Means and Resources, 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 require each State to provide a minimum level of access to health 
care to all citizens of such State as a condition for participation in 
                 Federal health care funding programs.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Health Care Access 
Assurance Act of 2005''.
    (b) Findings.--The Congress finds the following:
            (1) Access to health care is a basic right protected by the 
        Constitution of the United States.
            (2) Each State should determine the minimum level of health 
        services to be provided within such State.
            (3) Any health care system operated by a State that does 
        not provide access to health care to all citizens of such State 
        is in violation of the fourteenth amendment to the Constitution 
        of the United States.
            (4) Federal funds may not be employed to support State 
        health care systems that are unconstitutional.

SEC. 2. MINIMUM ACCESS REQUIREMENT.

    (a) In General.--Not later than October 1, 2010, the Secretary of 
Health and Human Services shall require each State to certify that all 
citizens of such State have access to a minimum level of health care 
coverage as defined by such State. The Secretary may remove or 
reconsider a State's certification for cause.
    (b) Penalty.--Any State unable to certify that all citizens of such 
State have access to a minimum level of health care coverage shall be 
ineligible for funding from the Health Resources and Services 
Administration, the Indian Health Service, the Substance Abuse and 
Mental Health Services Administration, and the Centers for Medicare & 
Medicaid Services, to support the health care system in such State.
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