110 HR 7122 IH: To amend title XIX of the Social Security Act to require U.S. House of Representatives 2008-09-26 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. 7122 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.

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.