[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 755 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 755

  To amend title XIX of the Social Security Act to require States to 
 provide diabetes screening tests under the Medicaid program for adult 
  enrollees with diabetes risk factors, to ensure that States offer a 
 comprehensive package of benefits under that program for individuals 
                 with diabetes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2007

  Mr. Schumer (for himself and Mr. Domenici) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XIX of the Social Security Act to require States to 
 provide diabetes screening tests under the Medicaid program for adult 
  enrollees with diabetes risk factors, to ensure that States offer a 
 comprehensive package of benefits under that program for individuals 
                 with diabetes, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diabetes Screening and Medicaid 
Savings Act of 2007''.

SEC. 2. IMPROVEMENT OF DIABETES SCREENING AND TREATMENT UNDER MEDICAID.

    (a) Diabetes Screening Tests for Adult Enrollees With Diabetes Risk 
Factors.--Section 1905(a)(4) of the Social Security Act (42 U.S.C. 
1396d(a)(4)) is amended--
            (1) in subsection (a)(4)--
                    (A) by striking ``and'' before ``(C)''; and
                    (B) by inserting after the semicolon at the end the 
                following ``and (D) diabetes screening tests (as 
                defined in section 1861(yy)(1)) for an individual at 
                risk for diabetes (as defined in subsection (y)) at 
                such intervals as are consistent with the requirements 
                of subparagraph (B), or in the case of an individual 21 
                years of age or older, standards established by the 
                Secretary under section 1861(yy)(3);''; and
            (2) by adding at the end the following new subsection:
    ``(y) For purposes of subsection (a)(4)(D), the term `individual at 
risk for diabetes' means--
            ``(1) an individual 45 years of age or older who is 
        overweight, defined as a body mass index greater than 25 kg/
        m\2\; and
            ``(2) an individual under 45 years of age who is overweight 
        (as so defined) and who has any of the following risk factors 
        for diabetes:
                    ``(A) A first-degree relative with diabetes.
                    ``(B) Hypertension.
                    ``(C) Dyslipidemia.
                    ``(D) Habitually inactive.
                    ``(E) Member of a high risk ethnic population for 
                diabetes, including a member of the following 
                populations:
                            ``(i) African American.
                            ``(ii) Latino/Hispanic.
                            ``(iii) American Indian.
                            ``(iv) Alaskan Native.
                            ``(v) Asian American.
                            ``(vi) Pacific Islander.
                    ``(F) Previous identification of an impaired 
                fasting glucose or an impaired glucose tolerance.
                    ``(G) A history of gestational diabetes mellitus or 
                delivery of a baby weighing greater than 9 pounds.
                    ``(H) Polycystic ovarian disease.
                    ``(I) A history of vascular disease.''.
    (b) Comprehensive Package of Benefits for Individuals With 
Diabetes.--
            (1) In general.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (69), by striking ``and'' at the 
                end;
                    (B) in paragraph (70)(B)(iv), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by inserting after paragraph (70)(B)(iv), the 
                following new paragraph:
            ``(71) provide that the medical assistance furnished to any 
        individual who has been determined to be eligible for such 
        assistance and diagnosed with diabetes shall include, in 
        addition to any other items and services required to be 
        furnished to the individual under this title, at least the 
        following items and services as required by the individual's 
        treating physician or healthcare provider:
                    ``(A) The care and services listed in paragraphs 
                (1), (2), (3), (4)(B), (4)(D), (5), (10), and (12) 
                (without regard, in the case of prescribed drugs, to 
                any limit imposed under the State plan on the number of 
                prescriptions filled per month, but subject to any such 
                limit imposed by the treating physician or healthcare 
                provider) of section 1905(a).
                    ``(B) Durable medical equipment (as defined in 
                section 1861(n)) and other durable medical equipment 
                covered under title XVIII through national coverage 
                determinations, including insulin pumps and associated 
                supplies.
                    ``(C) Services related to pregnancy (including 
                prenatal, delivery, and post partum services).
                    ``(D) A yearly dilated eye exam by an eye care 
                professional with appropriate follow-up care as 
                medically needed.
                    ``(E) Podiatric services.
                    ``(F) Diabetes education, including diabetes 
                outpatient self-management training services (as 
                defined in section 1861(qq)).
                    ``(G) Medical nutrition therapy services (as 
                defined in section 1861(vv)(1)).''.
            (2) Prohibition on cost sharing.--
                    (A) In general.--Section 1916 of the Social 
                Security Act (42 U.S.C. 1396o) is amended by adding at 
                the end the following new subsection:
    ``(j) In the case of an individual who has been determined to be 
eligible for medical assistance and diagnosed with diabetes--
            ``(1) no deduction, cost sharing, or similar charge shall 
        be imposed for any item or service listed in subparagraph (A) 
        through (G) of section 1902(a)(71) that is provided to the 
        individual as a result of the individual's diagnosis with 
        diabetes or complications related to such diagnosis; and
            ``(2) the State option to impose cost sharing under section 
        1916A shall not apply with respect to the provision of medical 
        assistance to such individual for any item or service listed in 
        subparagraph (A) through (G) of section 1902(a)(71) that is 
        provided to the individual as a result of the individual's 
        diagnosis with diabetes or complications related to such 
        diagnosis.''.
                    (B) Conforming amendment.--The second sentence of 
                section 1916A(a)(1) of the Social Security Act (42 
                U.S.C. 1396o-1(a)(1)) is amended by striking ``section 
                1916(g)'' and inserting ``subsection (g) or (j) of 
                section 1916''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section take effect on October 1, 2007.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
        Health and Human Services determines requires State legislation 
        in order for the plan to meet the additional requirements 
        imposed by the amendments made by this section, the State plan 
        shall not be regarded as failing to comply with the 
        requirements of such title solely on the basis of its failure 
        to meet these additional requirements before the first day of 
        the first calendar quarter beginning after the close of the 
        first regular session of the State legislature that begins 
        after the date of enactment of this Act. For purposes of the 
        previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session is considered to 
        be a separate regular session of the State legislature.
                                 <all>