[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 465 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 465

To amend titles XIX and XXI of the Social Security Act to permit States 
   to ensure coverage without a 5-year delay of certain children and 
          pregnant women under the Medicaid program and SCHIP.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2009

   Mr. Gene Green of Texas (for himself, Mr. Lincoln Diaz-Balart of 
   Florida, and Mr. Waxman) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend titles XIX and XXI of the Social Security Act to permit States 
   to ensure coverage without a 5-year delay of certain children and 
          pregnant women under the Medicaid program and SCHIP.

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

SECTION 1. PERMITTING STATES TO ENSURE COVERAGE WITHOUT A 5-YEAR DELAY 
              OF CERTAIN CHILDREN AND PREGNANT WOMEN UNDER THE MEDICAID 
              PROGRAM AND SCHIP.

    (a) Purpose.--In order to promote the health of needy children and 
pregnant women residing lawfully in the United States, States should be 
permitted to waive certain restrictions which result in a 5-year delay 
for coverage of necessary health services for such children and women 
under the Medicaid program and SCHIP.
    (b) Medicaid Program.--Section 1903(v) of the Social Security Act 
(42 U.S.C. 1396b(v)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (4)''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) A State may elect (in a plan amendment under this title) 
to provide, notwithstanding sections 401(a), 402(b), 403, and 421 of 
Public Law 104-193, medical assistance under a State plan under this 
title to children and pregnant women who are lawfully residing in the 
United States (including battered individuals described in section 
431(c) of such Act) and are otherwise eligible for such assistance.
    ``(B) Such election may be made only with respect to either or both 
of the following categories of individuals:
            ``(i) Children.
            ``(ii) Pregnant women.
    ``(C) In this paragraph:
                    ``(i) The term `pregnant women' means women during 
                pregnancy (and during the 60-day period beginning on 
                the last day of the pregnancy).
                    ``(ii) The term `children' means individuals under 
                age 19 (or such higher age as the State has elected 
                under section 1902(l)(1)(D)), including optional 
                targeted low-income children described in section 
                1905(u)(2)(B).''.
    (c) CHIP.--Section 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) 
is amended by redesignating subparagraphs (C) and (D) as subparagraphs 
(D) and (E), respectively, and by inserting after subparagraph (B) the 
following new subparagraph:
                    ``(C) Paragraph (4) of section 1903(v), insofar as 
                it relates to the category of children or pregnant 
                women (as such terms are defined in such paragraph), 
                but only if the State has elected to apply such 
                paragraph with respect to such category of children or 
                pregnant women under title XIX and only if, in the case 
                of pregnant women, the State has elected the option 
                under section 2111 to provide assistance for pregnant 
                women under this title.''.
    (d) Conforming Amendment.--Section 423(d)(1) of Public Law 104-193 
is amended by inserting before the period the following: ``and medical 
or child health assistance furnished under section 1903(v)(4) or 
2107(e)(1)(E), respectively, of the Social Security Act''.
    (e) Effective Date.--The amendments made by this section take 
effect on the date of the enactment of this Act.
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