[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3719 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3719

    To prohibit implementation of a guidance letter proposing rules 
relating to the Federal-State financial partnerships under Medicaid and 
             the State Children's Health Insurance Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2007

  Ms. Castor introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To prohibit implementation of a guidance letter proposing rules 
relating to the Federal-State financial partnerships under Medicaid and 
             the State Children's Health Insurance Program.

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

SECTION 1. PROHIBITION ON IMPLEMENTATION OF A GUIDANCE LETTER PROPOSING 
              RULES RELATING TO THE FEDERAL-STATE FINANCIAL 
              PARTNERSHIPS UNDER MEDICAID AND SCHIP.

    (a) Findings.--Congress makes the following findings:
            (1) The August 17, 2007, letter to State Health Officials 
        from the Director of the Center for Medicaid and State 
        Operations in the Centers for Medicare & Medicaid Services 
        would significantly change the Federal-State financial 
        partnership under the Medicaid and the State Children's Health 
        Insurance Programs by--
                    (A) limiting SCHIP eligibility to children in 
                families with incomes greater than 250 percent of the 
                poverty level by requiring States to demonstrate that 
                they have ``enrolled at least 95 percent of children in 
                the state below 200% of the Federal poverty level'';
                    (B) establishing a minimum of a one year period of 
                uninsurance for individuals in families with incomes 
                greater than 250 percent of the poverty level;
                    (C) imposing co-payments and premiums similar to 
                the cost of private health insurance on middle-income 
                families;
                    (D) imposing regulations that insure children in 
                families with annual incomes greater than 250 percent 
                of the poverty level must prove that the number of 
                children in the target population insured through 
                private employers has not decreased by more than two 
                percentage points over the prior five-year period; and
                    (E) requiring States to adopt policies preventing 
                employers from changing dependent-coverage policies 
                that would favor a shift to public coverage.
            (2) Permitting the proposed policy to take effect will have 
        a negative impact for States, particularly States with Medicaid 
        or State Children's Health Insurance Programs operating under 
        financing arrangements that would be affected by such policy 
        and that have been approved by the Secretary of Health and 
        Human Services through the section 1115 waiver process.
    (b) Prohibition on Implementation.--Notwithstanding any other 
provision of law, the Secretary of Health and Human Services shall not 
apply any requirement under the letter referred to in subsection (a), 
or any similar requirement, to any State health plan amendment or 
waiver expanding the income eligibility level for children under the 
State children's health insurance program under title XXI of the Social 
Security Act.
                                 <all>