II 111th CONGRESS 1st Session S. 1034 IN THE SENATE OF THE UNITED STATES May 13, 2009 Ms. Stabenow (for herself, Ms. Snowe, Mr. Bennet, Mr. Kerry, Mr. Levin, Mr. Durbin, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to ensure payment under Medicaid and the State Children's Health Insurance Program for covered items and services furnished by school-based health clinics.

1.

Short title

This Act may be cited as the Healthy Schools Act of 2009.

2.

Assurance of payment under Medicaid and CHIP for covered items and services furnished by certain school-based health clinics

(a)

State plan requirement

Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by section 5006(e)(2)(A) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), is amended— (1)in paragraph (72), by striking and at the end; (2)in paragraph (73)(B), by striking the period at the end and inserting ; and; and (3)by inserting after paragraph (73), the following new paragraph: (74)provide that the State shall certify to the Secretary that the State has implemented procedures to pay for medical assistance (including care and services described in subsections (a)(4)(B) and (r) of section 1905 and provided in accordance with section 1902(a)(43)) furnished in a school-based health clinic, if payment would be made under the State plan for the same items and services if furnished in a physician's office or other outpatient clinic (including if such payment would be included in the determination of a prepaid capitation or other risk-based rate of payment to an entity under a contract pursuant to section 1903(m)). . (b)

Application to CHIP

Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended— (1)by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (2)by inserting after subparagraph (A), the following new subparagraph: (B)Section 1902(a)(74) (relating to procedures to ensure payment for covered services furnished in a school-based health clinic). . (c)

Rule of construction

Nothing in this section or the amendments made by this section shall be construed to preempt or supersede State or local law with respect to whether a school-based health clinic provides family planning services and supplies. (d)

Effective date

The amendments made by this section take effect on October 1, 2009.