[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 542 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 542

To amend titles XIX and XXI of the Social Security Act to permit States 
 to rely on findings from an express plan agency to conduct simplified 
  eligibility determinations under Medicaid and the State Children's 
                       Health Insurance Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

  Mr. Putnam 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 rely on findings from an express plan agency to conduct simplified 
  eligibility determinations under Medicaid and the State Children's 
                       Health Insurance Program.

    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 ``Healthy Kids One Stop Act''.

SEC. 2. STATE OPTION TO RELY ON FINDINGS FROM AN EXPRESS LANE AGENCY TO 
              CONDUCT SIMPLIFIED ELIGIBILITY DETERMINATIONS UNDER 
              MEDICAID AND SCHIP.

    (a) Application Under Medicaid and SCHIP.--
            (1) Medicaid.--Section 1902(e) of the Social Security Act 
        (42 U.S.C. 1396a(e)) is amended by adding at the end the 
        following:
            ``(13) Express lane option.--
                    ``(A) In general.--
                            ``(i) Option to use a finding from an 
                        express lane agency.--At the option of the 
                        State, the State plan may provide that in 
                        determining eligibility under this title for a 
                        child (as defined in subparagraph (G)), the 
                        State may rely on a finding made within a 
                        reasonable period (as determined by the State) 
                        from an Express Lane agency (as defined in 
                        subparagraph (F)) when it determines whether a 
                        child satisfies one or more components of 
                        eligibility for medical assistance under this 
                        title. The State may rely on a finding from an 
                        Express Lane agency notwithstanding any 
                        differences in budget unit, disregard, deeming, 
                        or other methodology, if the following 
                        requirements are met:
                                    ``(I) Prohibition on determining 
                                children ineligible for coverage.--If a 
                                finding from an Express Lane agency 
                                would result in a determination that a 
                                child does not satisfy an eligibility 
                                requirement for medical assistance 
                                under this title and for child health 
                                assistance under title XXI, the State 
                                shall determine eligibility for 
                                assistance using its regular 
                                procedures.
                                    ``(II) Notice requirement.--For any 
                                child who is found eligible for medical 
                                assistance under the State plan under 
                                this title or child health assistance 
                                under title XXI and who is subject to 
                                premiums based on an Express Lane 
                                agency's finding of such child's income 
                                level, the State shall provide notice 
                                that the child may qualify for lower 
                                premium payments if evaluated by the 
                                State using its regular policies and of 
                                the procedures for requesting such an 
                                evaluation.
                                    ``(III) Compliance with screen and 
                                enroll requirement.--The State shall 
                                satisfy the requirements under 
                                subparagraphs (A) and (B) of section 
                                2102(b)(3) (relating to screen and 
                                enroll) before enrolling a child in 
                                child health assistance under title 
                                XXI. At its option, the State may 
                                fulfill such requirements in accordance 
                                with either option provided under 
                                subparagraph (C) of this paragraph.
                                    ``(IV) Coding.--The State meets the 
                                requirements of subparagraph (E).
                            ``(ii) Option to apply to renewals and 
                        redeterminations.--The State may apply the 
                        provisions of this paragraph when conducting 
                        initial determinations of eligibility, 
                        redeterminations of eligibility, or both, as 
                        described in the State plan.
                    ``(B) Rules of construction.--Nothing in this 
                paragraph shall be construed--
                            ``(i) to limit or prohibit a State from 
                        taking any actions otherwise permitted under 
                        this title or title XXI in determining 
                        eligibility for or enrolling children into 
                        medical assistance under this title or child 
                        health assistance under title XXI;
                            ``(ii) to modify the limitations in section 
                        1902(a)(5) concerning the agencies that may 
                        make a determination of eligibility for medical 
                        assistance under this title; or
                            ``(iii) to modify the application of 
                        sections 1137(d), 1902(a)(46), 1903(i)(22), or 
                        1903(x).
                    ``(C) Options for satisfying the screen and enroll 
                requirement.--
                            ``(i) In general.--With respect to a child 
                        whose eligibility for medical assistance under 
                        this title or for child health assistance under 
                        title XXI has been evaluated by a State agency 
                        using an income finding from an Express Lane 
                        agency, a State may carry out its duties under 
                        subparagraphs (A) and (B) of section 2102(b)(3) 
                        (relating to screen and enroll) in accordance 
                        with either clause (ii) or clause (iii).
                            ``(ii) Establishing a screening 
                        threshold.--
                                    ``(I) In general.--Under this 
                                clause, the State establishes a 
                                screening threshold set as a percentage 
                                of the Federal poverty level that 
                                exceeds the highest income threshold 
                                applicable under this title to the 
                                child by a minimum of 30 percentage 
                                points or, at State option, a higher 
                                number of percentage points that 
                                reflects the value (as determined by 
                                the State and described in the State 
                                plan) of any differences between income 
                                methodologies used by the program 
                                administered by the Express Lane agency 
                                and the methodologies used by the State 
                                in determining eligibility for medical 
                                assistance under this title.
                                    ``(II) Children with income not 
                                above threshold.--If the income of a 
                                child does not exceed the screening 
                                threshold, the child is deemed to 
                                satisfy the income eligibility criteria 
                                for medical assistance under this title 
                                regardless of whether such child would 
                                otherwise satisfy such criteria.
                                    ``(III) Children with income above 
                                threshold.--If the income of a child 
                                exceeds the screening threshold, the 
                                child shall be considered to have an 
                                income above the Medicaid applicable 
                                income level described in section 
                                2110(b)(4) and to satisfy the 
                                requirement under section 2110(b)(1)(C) 
                                (relating to the requirement that CHIP 
                                matching funds be used only for 
                                children not eligible for Medicaid). If 
                                such a child is enrolled in child 
                                health assistance under title XXI, the 
                                State shall provide the parent, 
                                guardian, or custodial relative with 
                                the following:
                                            ``(aa) Notice that the 
                                        child may be eligible to 
                                        receive medical assistance 
                                        under the State plan under this 
                                        title if evaluated for such 
                                        assistance under the State's 
                                        regular procedures and notice 
                                        of the process through which a 
                                        parent, guardian, or custodial 
                                        relative can request that the 
                                        State evaluate the child's 
                                        eligibility for medical 
                                        assistance under this title 
                                        using such regular procedures.
                                            ``(bb) A description of 
                                        differences between the medical 
                                        assistance provided under this 
                                        title and child health 
                                        assistance under title XXI, 
                                        including differences in cost-
                                        sharing requirements and 
                                        covered benefits.
                            ``(iii) Temporary enrollment in chip 
                        pending screen and enroll.--
                                    ``(I) In general.--Under this 
                                clause, a State enrolls a child in 
                                child health assistance under title XXI 
                                for a temporary period if the child 
                                appears eligible for such assistance 
                                based on an income finding by an 
                                Express Lane agency.
                                    ``(II) Determination of 
                                eligibility.--During such temporary 
                                enrollment period, the State shall 
                                determine the child's eligibility for 
                                child health assistance under title XXI 
                                or for medical assistance under this 
                                title in accordance with this clause.
                                    ``(III) Prompt follow up.--In 
                                making such a determination, the State 
                                shall take prompt action to determine 
                                whether the child should be enrolled in 
                                medical assistance under this title or 
                                child health assistance under title XXI 
                                pursuant to subparagraphs (A) and (B) 
                                of section 2102(b)(3) (relating to 
                                screen and enroll).
                                    ``(IV) Requirement for simplified 
                                determination.--In making such a 
                                determination, the State shall use 
                                procedures that, to the maximum 
                                feasible extent, reduce the burden 
                                imposed on the individual of such 
                                determination. Such procedures may not 
                                require the child's parent, guardian, 
                                or custodial relative to provide or 
                                verify information that already has 
                                been provided to the State agency by an 
                                Express Lane agency or another source 
                                of information unless the State agency 
                                has reason to believe the information 
                                is erroneous.
                                    ``(V) Availability of chip matching 
                                funds during temporary enrollment 
                                period.--Medical assistance for items 
                                and services that are provided to a 
                                child enrolled in title XXI during a 
                                temporary enrollment period under this 
                                clause shall be treated as child health 
                                assistance under such title.
                    ``(D) Option for automatic enrollment.--
                            ``(i) In general.--The State may initiate 
                        and determine eligibility for medical 
                        assistance under the State Medicaid plan or for 
                        child health assistance under the State CHIP 
                        plan without a program application from, or on 
                        behalf of, the child based on data obtained 
                        from sources other than the child (or the 
                        child's family), but a child can only be 
                        automatically enrolled in the State Medicaid 
                        plan or the State CHIP plan if the child or the 
                        family affirmatively consents to being enrolled 
                        through affirmation and signature on an Express 
                        Lane agency application, if the requirement of 
                        clause (ii) is met.
                            ``(ii) Information requirement.--The 
                        requirement of this clause is that the State 
                        informs the parent, guardian, or custodial 
                        relative of the child of the services that will 
                        be covered, appropriate methods for using such 
                        services, premium or other cost sharing charges 
                        (if any) that apply, medical support 
                        obligations (under section 1912(a)) created by 
                        enrollment (if applicable), and the actions the 
                        parent, guardian, or relative must take to 
                        maintain enrollment and renew coverage.
                    ``(E) Coding; application to enrollment error 
                rates.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A)(iv), the requirement of this 
                        subparagraph for a State is that the State 
                        agrees to--
                                    ``(I) assign such codes as the 
                                Secretary shall require to the children 
                                who are enrolled in the State Medicaid 
                                plan or the State CHIP plan through 
                                reliance on a finding made by an 
                                Express Lane agency for the duration of 
                                the State's election under this 
                                paragraph;
                                    ``(II) annually provide the 
                                Secretary with a statistically valid 
                                sample (that is approved by Secretary) 
                                of the children enrolled in such plans 
                                through reliance on such a finding by 
                                conducting a full Medicaid eligibility 
                                review of the children identified for 
                                such sample for purposes of determining 
                                an eligibility error rate (as described 
                                in clause (iv)) with respect to the 
                                enrollment of such children (and shall 
                                not include such children in any data 
                                or samples used for purposes of 
                                complying with a Medicaid Eligibility 
                                Quality Control (MEQC) review or a 
                                payment error rate measurement (PERM) 
                                requirement);
                                    ``(III) submit the error rate 
                                determined under subclause (II) to the 
                                Secretary;
                                    ``(IV) if such error rate exceeds 3 
                                percent for either of the first 2 
                                fiscal years in which the State elects 
                                to apply this paragraph, demonstrate to 
                                the satisfaction of the Secretary the 
                                specific corrective actions implemented 
                                by the State to improve upon such error 
                                rate; and
                                    ``(V) if such error rate exceeds 3 
                                percent for any fiscal year in which 
                                the State elects to apply this 
                                paragraph, a reduction in the amount 
                                otherwise payable to the State under 
                                section 1903(a) for quarters for that 
                                fiscal year, equal to the total amount 
                                of erroneous excess payments determined 
                                for the fiscal year only with respect 
                                to the children included in the sample 
                                for the fiscal year that are in excess 
                                of a 3 percent error rate with respect 
                                to such children.
                            ``(ii) No punitive action based on error 
                        rate.--The Secretary shall not apply the error 
                        rate derived from the sample under clause (i) 
                        to the entire population of children enrolled 
                        in the State Medicaid plan or the State CHIP 
                        plan through reliance on a finding made by an 
                        Express Lane agency, or to the population of 
                        children enrolled in such plans on the basis of 
                        the State's regular procedures for determining 
                        eligibility, or penalize the State on the basis 
                        of such error rate in any manner other than the 
                        reduction of payments provided for under clause 
                        (i)(V).
                            ``(iii) Rule of construction.--Nothing in 
                        this paragraph shall be construed as relieving 
                        a State that elects to apply this paragraph 
                        from being subject to a penalty under section 
                        1903(u), for payments made under the State 
                        Medicaid plan with respect to ineligible 
                        individuals and families that are determined to 
                        exceed the error rate permitted under that 
                        section (as determined without regard to the 
                        error rate determined under clause (i)(II)).
                            ``(iv) Error rate defined.--In this 
                        subparagraph, the term `error rate' means the 
                        rate of erroneous excess payments for medical 
                        assistance (as defined in section 
                        1903(u)(1)(D)) for the period involved, except 
                        that such payments shall be limited to 
                        individuals for which eligibility 
                        determinations are made under this paragraph 
                        and except that in applying this paragraph 
                        under title XXI, there shall be substituted for 
                        references to provisions of this title 
                        corresponding provisions within title XXI.
                    ``(F) Express lane agency.--
                            ``(i) In general.--In this paragraph, the 
                        term `Express Lane agency' means a public 
                        agency that--
                                    ``(I) is determined by the State 
                                Medicaid agency or the State CHIP 
                                agency (as applicable) to be capable of 
                                making the determinations of one or 
                                more eligibility requirements described 
                                in subparagraph (A)(i);
                                    ``(II) is identified in the State 
                                Medicaid plan or the State CHIP plan; 
                                and
                                    ``(III) notifies the child's 
                                family--
                                            ``(aa) of the information 
                                        which shall be disclosed in 
                                        accordance with this paragraph;
                                            ``(bb) that the information 
                                        disclosed will be used solely 
                                        for purposes of determining 
                                        eligibility for medical 
                                        assistance under the State 
                                        Medicaid plan or for child 
                                        health assistance under the 
                                        State CHIP plan; and
                                            ``(cc) that the family may 
                                        elect to not have the 
                                        information disclosed for such 
                                        purposes; and
                                    ``(IV) enters into, or is subject 
                                to, an interagency agreement to limit 
                                the disclosure and use of the 
                                information disclosed.
                            ``(ii) Inclusion of specific public 
                        agencies.--Such term includes the following:
                                    ``(I) A public agency that 
                                determines eligibility for assistance 
                                under any of the following:
                                            ``(aa) The temporary 
                                        assistance for needy families 
                                        program funded under part A of 
                                        title IV.
                                            ``(bb) A State program 
                                        funded under part D of title 
                                        IV.
                                            ``(cc) The State Medicaid 
                                        plan.
                                            ``(dd) The State CHIP plan.
                                            ``(ee) The supplemental 
                                        nutrition assistance program 
                                        under the Food and Nutrition 
                                        Act of 2008 (7 U.S.C. 2011 et 
                                        seq.).
                                            ``(ff) The Head Start Act 
                                        (42 U.S.C. 9801 et seq.).
                                            ``(gg) The Richard B. 
                                        Russell National School Lunch 
                                        Act (42 U.S.C. 1751 et seq.).
                                            ``(hh) The Child Nutrition 
                                        Act of 1966 (42 U.S.C. 1771 et 
                                        seq.).
                                            ``(ii) The Child Care and 
                                        Development Block Grant Act of 
                                        1990 (42 U.S.C. 9858 et seq.).
                                            ``(jj) The Stewart B. 
                                        McKinney Homeless Assistance 
                                        Act (42 U.S.C. 11301 et seq.).
                                            ``(kk) The United States 
                                        Housing Act of 1937 (42 U.S.C. 
                                        1437 et seq.).
                                            ``(ll) The Native American 
                                        Housing Assistance and Self-
                                        Determination Act of 1996 (25 
                                        U.S.C. 4101 et seq.).
                                    ``(II) A State-specified 
                                governmental agency that has fiscal 
                                liability or legal responsibility for 
                                the accuracy of the eligibility 
                                determination findings relied on by the 
                                State.
                                    ``(III) A public agency that is 
                                subject to an interagency agreement 
                                limiting the disclosure and use of the 
                                information disclosed for purposes of 
                                determining eligibility under the State 
                                Medicaid plan or the State CHIP plan.
                            ``(iii) Exclusions.--Such term does not 
                        include an agency that determines eligibility 
                        for a program established under the Social 
                        Services Block Grant established under title XX 
                        or a private, for-profit organization.
                            ``(iv) Rules of construction.--Nothing in 
                        this paragraph shall be construed as--
                                    ``(I) exempting a State Medicaid 
                                agency from complying with the 
                                requirements of section 1902(a)(4) 
                                relating to merit-based personnel 
                                standards for employees of the State 
                                Medicaid agency and safeguards against 
                                conflicts of interest); or
                                    ``(II) authorizing a State Medicaid 
                                agency that elects to use Express Lane 
                                agencies under this subparagraph to use 
                                the Express Lane option to avoid 
                                complying with such requirements for 
                                purposes of making eligibility 
                                determinations under the State Medicaid 
                                plan.
                            ``(v) Additional definitions.--In this 
                        paragraph:
                                    ``(I) State.--The term `State' 
                                means 1 of the 50 States or the 
                                District of Columbia.
                                    ``(II) State chip agency.--The term 
                                `State CHIP agency' means the State 
                                agency responsible for administering 
                                the State CHIP plan.
                                    ``(III) State chip plan.--The term 
                                `State CHIP plan' means the State child 
                                health plan established under title XXI 
                                and includes any waiver of such plan.
                                    ``(IV) State medicaid agency.--The 
                                term `State Medicaid agency' means the 
                                State agency responsible for 
                                administering the State Medicaid plan.
                                    ``(V) State medicaid plan.--The 
                                term `State Medicaid plan' means the 
                                State plan established under title XIX 
                                and includes any waiver of such plan.
                    ``(G) Child defined.--For purposes of this 
                paragraph, the term `child' means an individual under 
                19 years of age, or, at the option of a State, such 
                higher age, not to exceed 21 years of age, as the State 
                may elect.
                    ``(H) Application.--This paragraph shall not apply 
                to with respect to eligibility determinations made 
                after September 30, 2014.
                    ``(I) Continued application.--''.
            (2) CHIP.--Section 2107(e)(1) of such Act (42 U.S.C. 
        1397gg(e)(1)) is amended by redesignating subparagraphs (B), 
        (C), and (D) as subparagraphs (C), (D), and (E), respectively, 
        and by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Section 1902(e)(13) (relating to the State 
                option to rely on findings from an Express Lane agency 
                to help evaluate a child's eligibility for medical 
                assistance).''.
    (b) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall conduct, by grant, 
        contract, or interagency agreement, a comprehensive, 
        independent evaluation of the option provided under the 
        amendments made by subsection (a). Such evaluation shall 
        include an analysis of the effectiveness of the option, and 
        shall include--
                    (A) obtaining a statistically valid sample of the 
                children who were enrolled in the State Medicaid plan 
                or the State CHIP plan through reliance on a finding 
                made by an Express Lane agency and determining the 
                percentage of children who were erroneously enrolled in 
                such plans;
                    (B) determining whether enrolling children in such 
                plans through reliance on a finding made by an Express 
                Lane agency improves the ability of a State to identify 
                and enroll low-income, uninsured children who are 
                eligible but not enrolled in such plans;
                    (C) evaluating the administrative costs or savings 
                related to identifying and enrolling children in such 
                plans through reliance on such findings, and the extent 
                to which such costs differ from the costs that the 
                State otherwise would have incurred to identify and 
                enroll low-income, uninsured children who are eligible 
                but not enrolled in such plans; and
                    (D) any recommendations for legislative or 
                administrative changes that would improve the 
                effectiveness of enrolling children in such plans 
                through reliance on such findings.
            (2) Report to congress.--Not later than September 30, 2013, 
        the Secretary shall submit a report to Congress on the results 
        of the evaluation under paragraph (1).
            (3) Funding.--
                    (A) In general.--Out of any funds in the Treasury 
                not otherwise appropriated, there is appropriated to 
                the Secretary to carry out the evaluation under this 
                subsection $5,000,000 for the period of fiscal years 
                2010 through 2013.
                    (B) Budget authority.--Subparagraph (A) constitutes 
                budget authority in advance of appropriations Act and 
                represents the obligation of the Federal Government to 
                provide for the payment of such amount to conduct the 
                evaluation under this subsection.
    (c) Electronic Transmission of Information.--Section 1902 of such 
Act (42 U.S.C. 1396a) is amended by adding at the end the following new 
subsection:
    ``(dd) Electronic Transmission of Information.--If the State agency 
determining eligibility for medical assistance under this title or 
child health assistance under title XXI verifies an element of 
eligibility based on information from an Express Lane Agency (as 
defined in subsection (e)(13)(F)), or from another public agency, then 
the applicant's signature under penalty of perjury shall not be 
required as to such element. Any signature requirement for an 
application for medical assistance may be satisfied through an 
electronic signature, as defined in section 1710(1) of the Government 
Paperwork Elimination Act (44 U.S.C. 3504 note). The requirements of 
subparagraphs (A) and (B) of section 1137(d)(2) may be met through 
evidence in digital or electronic form.''.
    (d) Authorization of Information Disclosure.--
            (1) In general.--Title XIX of the Social Security Act is 
        amended by adding at the end the following new section:

``SEC. 1942. AUTHORIZATION TO RECEIVE RELEVANT INFORMATION.

    ``(a) In General.--Notwithstanding any other provision of law, a 
Federal or State agency or private entity in possession of the sources 
of data directly relevant to eligibility determinations under this 
title (including eligibility files maintained by Express Lane agencies 
described in section 1902(e)(13)(F), information described in paragraph 
(2) or (3) of section 1137(a), vital records information about births 
in any State, and information described in sections 453(i) and 
1902(a)(25)(I)) is authorized to convey such data or information to the 
State agency administering the State plan under this title, to the 
extent such conveyance meets the requirements of subsection (b).
    ``(b) Requirements for Conveyance.--Data or information may be 
conveyed pursuant to subsection (a) only if the following requirements 
are met:
            ``(1) The individual whose circumstances are described in 
        the data or information (or such individual's parent, guardian, 
        caretaker relative, or authorized representative) has either 
        provided advance consent to disclosure or has not objected to 
        disclosure after receiving advance notice of disclosure and a 
        reasonable opportunity to object.
            ``(2) Such data or information are used solely for the 
        purposes of--
                    ``(A) identifying individuals who are eligible or 
                potentially eligible for medical assistance under this 
                title and enrolling or attempting to enroll such 
                individuals in the State plan; and
                    ``(B) verifying the eligibility of individuals for 
                medical assistance under the State plan.
            ``(3) An interagency or other agreement, consistent with 
        standards developed by the Secretary--
                    ``(A) prevents the unauthorized use, disclosure, or 
                modification of such data and otherwise meets 
                applicable Federal requirements safeguarding privacy 
                and data security; and
                    ``(B) requires the State agency administering the 
                State plan to use the data and information obtained 
                under this section to seek to enroll individuals in the 
                plan.
    ``(c) Penalties for Improper Disclosure.--
            ``(1) Civil money penalty.--A private entity described in 
        the subsection (a) that publishes, discloses, or makes known in 
        any manner, or to any extent not authorized by Federal law, any 
        information obtained under this section is subject to a civil 
        money penalty in an amount equal to $10,000 for each such 
        unauthorized publication or disclosure. The provisions of 
        section 1128A (other than subsections (a) and (b) and the 
        second sentence of subsection (f)) shall apply to a civil money 
        penalty under this paragraph in the same manner as such 
        provisions apply to a penalty or proceeding under section 
        1128A(a).
            ``(2) Criminal penalty.--A private entity described in the 
        subsection (a) that willfully publishes, discloses, or makes 
        known in any manner, or to any extent not authorized by Federal 
        law, any information obtained under this section shall be fined 
        not more than $10,000 or imprisoned not more than 1 year, or 
        both, for each such unauthorized publication or disclosure.
    ``(d) Rule of Construction.--The limitations and requirements that 
apply to disclosure pursuant to this section shall not be construed to 
prohibit the conveyance or disclosure of data or information otherwise 
permitted under Federal law (without regard to this section).''.
            (2) Conforming amendment to title xxi.--Section 2107(e)(1) 
        of such Act (42 U.S.C. 1397gg(e)(1)), as amended by subsection 
        (a)(2), is amended by adding at the end the following new 
        subparagraph:
                    ``(F) Section 1942 (relating to authorization to 
                receive data directly relevant to eligibility 
                determinations).''.
            (3) Conforming amendment to provide access to data about 
        enrollment in insurance for purposes of evaluating applications 
        and for chip.--Section 1902(a)(25)(I)(i) of such Act (42 U.S.C. 
        1396a(a)(25)(I)(i)) is amended--
                    (A) by inserting ``(and, at State option, 
                individuals who apply or whose eligibility for medical 
                assistance is being evaluated in accordance with 
                section 1902(e)(13)(D))'' after ``with respect to 
                individuals who are eligible''; and
                    (B) by inserting ``under this title (and, at State 
                option, child health assistance under title XXI)'' 
                after ``the State plan''.
    (e) Authorization for States Electing Express Lane Option To 
Receive Certain Data Directly Relevant to Determining Eligibility and 
Correct Amount of Assistance.--The Secretary of Health and Human 
Services shall enter into such agreements as are necessary to permit a 
State that elects the Express Lane option under section 1902(e)(13) of 
the Social Security Act to receive data directly relevant to 
eligibility determinations and determining the correct amount of 
benefits under a State child health plan under title XXI of the Social 
Security Act or a State plan under title XIX of such Act from the 
following:
            (1) The National Directory of New Hires established under 
        section 453(i) of the Social Security Act (42 U.S.C. 653(i)).
            (2) Data regarding enrollment in insurance that may help to 
        facilitate outreach and enrollment under the State Medicaid 
        plan, the State child health plan, and such other programs as 
        the Secretary may specify.
    (f) Effective Date.--The amendments made by this section are 
effective on January 1, 2010.
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