110 HR 3719 IH: To prohibit implementation of a guidance letter proposing U.S. House of Representatives 2007-10-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3719 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.

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.