I 111th CONGRESS 1st Session H. R. 3176 IN THE HOUSE OF REPRESENTATIVES July 10, 2009 Mr. Engel (for himself and Mr. Sullivan) 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 Medicaid coverage of professional medical services of optometrists.

1.

Short title

This Act may be cited as the Optometric Fairness in Medicaid Act of 2009.

2.

Requiring Medicaid coverage of professional medical services of optometrists

(a)

In general

Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended— (1)in paragraph (5)— (A)by striking and (B) and inserting , (B); and (B)by inserting before the semicolon at the end the following: , and (C) medical services that are eligible for payment under the Medicaid program that are furnished by an optometrist (described in section 1861(r)(4)) and that optometrists are legally authorized to perform under State law; and (2)by adding at the end the following: Paragraph (5)(C) shall not be construed to expand the scope of practice for any provider.. (b)

Effective Date

(1)

In general

Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act and shall apply to services furnished or other actions required on or after such date. (2)

Exception if State Legislation Required

In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements made by the amendments made by subsection (a), 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 such session shall be deemed to be a separate regular session of the State legislature.