II 110th CONGRESS 1st Session S. 1564 IN THE SENATE OF THE UNITED STATES June 7, 2007 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Social Security Act to provide health insurance coverage for children and pregnant and post-partum women throughout the United States by combining the children and pregnant women health coverage under Medicaid and SCHIP into a new All Healthy Children Program, and for other purposes.

1.

Short title; table of contents; findings; purpose

(a)

Short title

This Act may be cited as the All Healthy Children Act of 2007. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings; purpose. Sec. 2. Creation of new title XXII of the Social Security Act. Title XXII—All Healthy Children Program Sec. 2201. All Healthy Children Program. Sec. 2202. General contents of State all healthy children plan; eligibility; enrollment. Sec. 2203. Benefits; premiums; cost-sharing; provider payment rates. Sec. 2204. Payments to States. Sec. 2205. Application of SCHIP, Medicaid, and related SSA provisions; waivers; administration. Sec. 2206. Definitions. Sec. 2207. Effective dates; transition. Sec. 3. Commission on Children’s Health Coverage. (c)

Findings

Congress finds the following: (1)More than 9,000,000 children in the United States—one in 9—have no health insurance coverage. (2)Every 46 seconds, another baby is born uninsured in the United States. (3)Existing health care programs for low-income children vary widely, with different standards for eligibility, cost sharing, and benefits in each of the 50 States and the District of Columbia. (4)The majority of uninsured children are eligible for coverage under Medicaid or the State Children’s Health Insurance Program (SCHIP), but are not enrolled in existing programs because of different eligibility and enrollment barriers that make it difficult to obtain or keep coverage. (5)Millions more children are underinsured or at risk of losing coverage if their parents change jobs or more employers drop family coverage. (6)Uninsured children are almost 12 times as likely as insured children to have an untreated medical need and are four times as likely as insured children to have an unmet dental need. (7)Uninsured children are more than 5 times as likely as insured children to have gone more than 2 years without a doctor visit. (8)The majority of uninsured children live in two-parent households and almost 90 percent live in families where at least 1 parent works. (9)An estimated 2/3 of children and adolescents with mental health needs are not getting the care they need and only 1 in 5 children with serious emotional disturbances receives specialized treatment. (10)It costs less to provide health insurance coverage to children than to any other group of people. (11)Increases in private health insurance costs are dramatically outpacing increases in wages. (12)The United States spending on health care per person is more than twice the average spent in industrialized countries, yet the United States ranks near the bottom among those countries in infant mortality rates. (13)Children enrolled in a health coverage program experienced significant improvements in health after just 1 year and significant decreases of limitations in their daily activities. (14)Enrollment in health insurance has been associated with improvements in school. (15)When juvenile offenders arrested for minor offenses had access to intensive and coordinated mental health services, more than a 1/3 fewer were re-arrested the following year, compared to those who only had access to basic mental health services. (d)

Purpose

It is the purpose of this Act to simplify and consolidate children’s health coverage under Medicaid and SCHIP into a single program that guarantees children in all 50 States and the District of Columbia all medically necessary services.

2.

Creation of new title XXII of the Social Security Act

(a)

In general

The Social Security Act is amended by adding at the end the following new title: .

3.

Commission on Children’s Health Coverage

(a)

Establishment

There is hereby established a Commission on Children’s Health Coverage (in this section referred to as the Commission). (b)

Composition

(1)

In general

The Commission shall be composed of the following: (A)Four members one each appointed by the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate. (B)One member appointed by the Secretary of Health and Human Services. (C)Two members one each appointed by the American Academy of Pediatrics and by the Institute of Medicine of the National Academies of Science. (D)One member appointed by the Secretary of Health and Human Services who is a representative of parents of children with special health care needs. (E)One member appointed by the Secretary of Health and Human Services who is a representative of a children’s advocacy group. (F)Two non-voting advisory members appointed by the National Governors Association. Appointment of members of the Commission shall first be made not later than 60 days after the date of the enactment of this Act.(2)

Terms

The term of each member of the Commission shall be for 2 years. A vacancy shall be filled in the same manner as the original appointment but the member so appointed shall serve for the remainder of the term of the vacating member. (3)

Compensation

Members of the Commission who are not Federal officers or employees shall be entitled to compensation, including travel time, at a per diem rate equivalent of rate for level IV of Executive Schedule under section 5315 of title 5, United States Code, and for travel expense reimbursement, at rates authorized for employees of agencies under such title. (4)

Chair

The Secretary shall designate a member to serve as Chair of the Commission. (5)

Meetings

The Commission shall meet at the call of the Chair. (6)

Use of committees

The Commission may establish committees if necessary to carry out its duties. (c)

Supermajority requirement for actions

Commission actions must be approved by at least six of the members described in subparagraphs (A) through (E) of subsection (b)(1). (d)

Administration

(1)

Powers

(A)

Hearings

The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (B)

Information from Federal agencies

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (C)

Postal services

The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (D)

Gifts

The Commission may accept, use, and dispose of gifts or donations of services or property. (2)

Compensation

While serving on the business of the Commission (including travel time), a member of the Commission who is not a Federal officer or employee shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, and while so serving away from home and the member’s regular place of business, any member may be allowed travel expenses, as authorized by the chairperson of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (3)

Staff

(A)

In general

The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B)

Staff compensation

The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (C)

Detail of Government employees

Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (D)

Procurement of temporary and intermittent services

The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e)

Reimbursement of costs

The Secretary shall provide, from general operating funds of the Department of Health and Human Services, the Commission with such funds and support as may be necessary to support its activities. (f)

Annual reports

Beginning one year after the All Healthy Children Program effective date, the Commission shall transmit to Congress an annual report that evaluates the status of children’s health coverage in the United States, including an evaluation of the implementation of title XXII of the Social Security Act and recommendations for policy improvements at the State and national levels and in the private sector to improve such coverage. Each such report shall include an evaluation of the improvements in the quality of children’s health by assessing outcome measures achieved by providers of care, especially at Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)). (g)

Submission of legislative proposal for universal coverage of children

Not later than three years after the date of the enactment of this Act, the Commission shall submit to Congress a report that contains a legislative proposal that would assure health benefits coverage for all children in the United States. Such proposal may include a requirement that parents obtain coverage for their children or that employers fund coverage for children of their workers. The proposal shall provide for the following: (1)Coverage shall include all medically necessary care for all children. (2)Enrollment shall be simple and seamless. (3)Unnecessary costs shall be avoided. (4)Quality, access and continuity of care shall be promoted. (h)

Expedited Congressional consideration of legislative proposal

(1)

Bill introduction

(A)

In general

Any legislative proposal described in subsection (f) may be introduced as a bill by request in the following manner: (i)

House of Representatives

In the House of Representatives, by the majority leader and the minority leader not later than 10 days after receipt of the legislative proposal. (ii)

Senate

In the Senate, by the majority leader and the minority leader not later than 10 days after receipt of the legislative proposal. (B)

Alternative by administration

The President may submit a legislative proposal based on the recommendations of the Commission and such legislative proposal may be introduced in the manner described in subparagraph (A). (2)

Committee consideration

(A)

In general

Any legislative proposal submitted pursuant to subparagraph (A) or (B) of paragraph (1) (in this subsection referred to as implementing legislation) shall be referred to the appropriate committees of the House of Representatives and the Senate. (B)

Committee reporting

If, not later than 150 days after the date on which the implementing legislation is referred to a committee under subparagraph (A), the committee has reported the implementing legislation or has reported an original bill whose subject is related to universal health benefits coverage of children, or to providing access to affordable health care coverage for all children, the regular rules of the applicable House of Congress shall apply to such legislation. (C)

Discharge from committees

(i)

Senate

(I)

In general

If the implementing legislation or an original bill described in paragraph (1) has not been reported by a committee of the Senate within 180 days after the date on which such legislation was referred to committee under subparagraph (A), it shall be in order for any Senator to move to discharge the committee from further consideration of such implementing legislation. (II)

Sequential referrals

Should a sequential referral of the implementing legislation be made, the additional committee has 30 days for consideration of implementing legislation before the discharge motion described in subclause (I) would be in order. (III)

Procedure

The motion described in subclause (I) shall not be in order after the implementing legislation has been placed on the calendar. While the motion described in subclause (I) is pending, no other motions related to the motion described in subclause (I) shall be in order. Debate on a motion to discharge shall be limited to not more than 10 hours, equally divided and controlled by the majority leader and the minority leader, or their designees. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed or disagreed to. (IV)

Exception

If implementing language is submitted on a date later than May 1 of the second session of a Congress, the committee shall have 90 days to consider the implementing legislation before a motion to discharge under this clause would be in order. (ii)

House of Representatives

If the implementing legislation or an original bill described in paragraph (1) has not been reported out of a committee of the House of Representatives within 180 days after the date on which such legislation was referred to committee under subparagraph (A), then on any day on which the call of the calendar for motions to discharge committees is in order, any member of the House of Representatives may move that the committee be discharged from consideration of the implementing legislation, and this motion shall be considered under the same terms and conditions, and if adopted the House of Representatives shall follow the procedure described in subparagraph (4)(A). (3)

Floor consideration

(A)

Motion to proceed

If a motion to discharge made pursuant to paragraph (3)(B)(ii)(I) or (3)(B)(ii)(II) is adopted, then, not earlier than 5 legislative days after the date on which the motion to discharge is adopted, a motion may be made to proceed to the bill. (B)

Failure of motion

If the motion to discharge made pursuant to either such paragraph fails, such motion may be made not more than 2 additional times, but in no case more frequently than within 30 days of the previous motion. Debate on each of such motions shall be limited to 5 hours, equally divided. (C)

Applicable rules

Once the Senate is debating the implementing legislation the regular rules of the Senate shall apply.