110 HR 5998 IH: Protecting Children’s Health Coverage Act of U.S. House of Representatives 2008-05-08 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 2d Session H. R. 5998 IN THE HOUSE OF REPRESENTATIVES May 8, 2008 Mr. Pallone (for himself, Ms. Shea-Porter, Mr. Altmire, Ms. Baldwin, Mr. Braley of Iowa, Mrs. Capps, Mr. Courtney, Ms. DeGette, Ms. DeLauro, Mr. Dingell, Mr. Doyle, Mr. Ellison, Mr. Engel, Ms. Eshoo, Mr. Gene Green of Texas, Ms. Harman, Mr. Hodes, Ms. Hooley, Mr. Inslee, Mr. Larson of Connecticut, Mr. Markey, Mr. Murphy of Connecticut, Mr. Patrick J. Murphy of Pennsylvania, Mr. Rangel, Mr. Rush, Ms. Schakowsky, Ms. Solis, Mr. Stark, Mr. Stupak, Mr. Towns, Mr. Walz of Minnesota, Mr. Waxman, and Mr. Welch of Vermont) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To nullify any effectiveness of the August 17, 2007, State health official letter issued by the Centers for Medicare & Medicaid Services.

1.

Short title

This Act may be cited as the Protecting Children’s Health Coverage Act of 2008.

2.

Nullifying any effectiveness of August 17, 2007, Letter

(a)

In general

With respect to the August 17th Letter (as defined in subsection (c)(1)), the following shall apply: (1)Such Letter shall have no force or effect. (2)The Secretary of Health and Human Services is prohibited from applying or enforcing any policy, directive, or requirement contained in such Letter, or any other policy, directive, or requirement issued on or after August 17, 2007, substantially similar to those contained in such Letter, unless such policy, directive, or requirement is explicitly contained in a regulation in effect before such date. (3)In order to restore States, to the maximum extent practicable, to the position they would have been in if the August 17 Letter had not been issued or applied, to the extent that a State's request (through CHIP or Medicaid plan amendment, demonstration project, or otherwise) made before the date of the enactment of this Act to extend health insurance through CHIP or Medicaid to uninsured children, or to maintain previously existing CHIP or Medicaid eligibility for children— (A)was denied, in whole or in part, by CMS on or after August 17, 2007, and before the date of the enactment of this Act based, in whole or in part, on the application of any policy, directive, or requirement contained in the August 17th Letter, CMS shall, upon the written request of a State made within 30 days after such date of enactment, reconsider and issue a new decision on the State's request within 30 days of the date of such written request and without reliance on any such policy, directive, or requirement; (B)was approved before such date of enactment but had been modified, in whole or in part, by a State before such approval specifically in response to the application of any such policy, directive, or requirement, CMS shall, upon the written request of the State made within 30 days after such date of enactment, issue a decision to approve or disapprove removal of the modification (and restoration of the original request) within 30 days of the date of such written request and without reliance on any such policy, directive, or requirement; or (C)has been modified by a State, but not acted upon by CMS, before such date of enactment specifically in response to the application of any such policy, directive, or requirement, upon the written request of the State made within 30 days after such date of enactment, the modification shall be deemed withdrawn and the request, with such modification withdrawn, shall be treated, effective as of the date of such written request, as if the modification had never been included with respect to such request and the CMS deadline otherwise applicable to acting on such request shall continue to apply without regard to the withdrawal of such modification. (b)

Construction

Nothing in this section, or the enactment of this section, may be construed to suggest that the August 17th Letter ever had any force or effect. (c)

Definitions

In this section: (1)The term August 17th Letter means the State Health Official Letter #07–001 from the Director of the Center for Medicaid and State Operations of CMS dated August 17, 2007, to State Health Officials, and includes the State Health Office Letter #08–003 from such Director dated May 7, 2008, to such Officials regarding application of such August 17, 2007, letter. (2)The term CHIP means the State Children’s Health Insurance Program under title XXI of the Social Security Act. (3)The term CMS means the Centers for Medicare & Medicaid Services. (4)The term Medicaid means the program under title XIX of the Social Security Act. (5)The term State has the meaning given such term for purposes of CHIP.