[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7122 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7122

To amend title XIX of the Social Security Act to require State Medicaid 
 plans to continue to cover non-emergency transportation to medically 
                          necessary services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2008

 Mr. Olver (for himself, Mr. Waxman, Mr. Berry, Mr. Ross, Ms. DeLauro, 
    Mr. Allen, Mr. Markey, Mr. McGovern, Mrs. Capps, Mr. Rush, Mr. 
 Carnahan, Mr. Hinchey, and Mr. Berman) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to require State Medicaid 
 plans to continue to cover non-emergency transportation to medically 
                          necessary services.

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

SECTION 1. CONTINUING REQUIREMENT OF MEDICAID COVERAGE OF NON-EMERGENCY 
              TRANSPORTATION TO MEDICALLY NECESSARY SERVICES.

    (a) Requirement.--Section 1902(a)(10) of the Social Security Act 
(42 U.S.C. 1396a(a)(10)(A)) is amended--
            (1) in subparagraph (A), by striking ``and (21)'' and 
        inserting ``, (21), and (28)''; and
            (2) in subparagraph (C)(iv), by striking ``and (17)'' and 
        inserting ``, (17), and (28)''.
    (b) Description of Services.--Section 1905(a) of such Act (42 
U.S.C. 1395d(a)) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) by redesignating paragraph (28) as paragraph (29) and 
        by striking the comma at the end and inserting a semicolon; and
            (3) by inserting after paragraph (27) the following new 
        paragraph:
            ``(28) non-emergency transportation to medically necessary 
        services, consistent with the requirement of section 431.53 of 
        title 42, Code of Federal Regulations, as in effect as of June 
        1, 2008; and''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
transportation on or after such date.
    (d) Suspension of Implementation of Change in Regulation.--The 
Secretary of Health and Human Services shall not--
            (1) implement section 440.390 of proposed subpart C of part 
        440 of title 42, Code of Federal Regulations, contained in the 
        proposed rule published on February 22, 2008, on pages 9714 
        through 9727 of volume 73, Federal Register; and
            (2) promulgate or implement any rule or provision--
                    (A) similar to such section or in contravention of 
                the amendments made by subsections (a) and (b); or
                    (B) revising the requirement, as in effect as of 
                June 1, 2008, for non-emergency transportation under 
                the Medicaid program.
                                 <all>