I 111th CONGRESS 1st Session H. R. 2496 IN THE HOUSE OF REPRESENTATIVES May 19, 2009 Mr. Patrick J. Murphy of Pennsylvania (for himself and Mr. Tim Murphy of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXI of the Social Security Act to improve access to the children’s health insurance program (CHIP) by providing exemptions to CHIP eligibility waiting period requirements.

1.

Short title

This Act may be cited as the Children’s Health Insurance Accessibility Act of 2009.

2.

Preventing the application under CHIP of coverage waiting periods to children who lose health insurance coverage, who are under 2 years of age, or for whom health insurance coverage is unaffordable

(a)

In general

Section 2102(b)(1) of the Social Security Act (42 U.S.C. 1397bb(b)(1)) is amended— (1)in subparagraph (B)— (A)in clause (iii), by striking and at the end; (B)in clause (iv), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new clause: (v)may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a child described in subparagraph (C). ; and (2)by adding at the end the following new subparagraph: (C)

Description of children not subject to waiting period

For purposes of this paragraph, a child described in this subparagraph is a child who, on the date an application is submitted for such child for child health assistance under this title, meets any of the following requirements: (i)

Infants and toddlers

The child is under two years of age. (ii)

Loss of group health plan coverage

The child previously had private health insurance coverage through a group health plan or health insurance coverage offered through an employer and lost such coverage due to— (I)termination of an individual’s employment; (II)a reduction in hours that an individual works for an employer; (III)elimination of an individual’s retiree health benefits; or (IV)termination of an individual’s group health plan or health insurance coverage offered through an employer. (iii)

Unaffordable private coverage

(I)

In general

The family of the child demonstrates that the cost of health insurance coverage (including the cost of premiums, co-payments, deductibles, and other cost sharing) for such family exceeds 10 percent of the income of such family. (II)

Determination of family income

For purposes of subclause (I), family income shall be determined in the same manner specified by the State for purposes of determining a child’s eligibility for child health assistance under this title. . (b)

Effective date

The amendments made by this section shall take effect as of the date that is 90 days after the date of the enactment of this Act.