[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3596 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3596

   To amend title XIX of the Social Security Act to provide medical 
 assistance to uninsured newborns under the Medicaid program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2013

 Ms. DeGette 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 provide medical 
 assistance to uninsured newborns under the Medicaid program, and for 
                            other purposes.

    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 ``Start Healthy Act of 2013''.

SEC. 2. MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS.

    (a) Mandatory Coverage of Certain Newborns.--Section 
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
1396a(a)(10)(A)(i)) is amended--
            (1) by striking ``or'' at the end of subclause (VIII);
            (2) by adding ``or'' at the end of subclause (IX); and
            (3) by adding at the end the following:
                                    ``(X) who are qualified newborns 
                                (as defined in subsection 
                                (e)(16)(A));''.
    (b) Deemed Eligibility for Newborns.--Section 1902(e) of the Social 
Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the 
following:
            ``(16) Deemed eligibility for qualified newborns.--
                    ``(A) Qualified newborn defined.--For purposes of 
                this section, the term `qualified newborn' means a 
                child who--
                            ``(i) is born in the United States on or 
                        after the date that is 6 months after the date 
                        of the enactment of this paragraph;
                            ``(ii) is under 1 year of age;
                            ``(iii) is not a child who is deemed 
                        eligible under paragraph (4); and
                            ``(iv) is not eligible for minimum 
                        essential coverage, as defined in section 
                        5000A(f)(1) of the Internal Revenue Code of 
                        1986, but applied without regard to coverage 
                        provided under subsection (a)(10)(A)(i)(X).
                    ``(B) Deemed eligibility.--Subject to subparagraph 
                (C), a child that a State reasonably believes is a 
                qualified newborn (and thus eligible for medical 
                assistance under subsection (a)(10)(A)(i)(X)) on the 
                date of such child's birth shall be deemed to have 
                applied for medical assistance and to have been found 
                eligible for such assistance under such plan on the 
                date of such birth and to remain eligible for such 
                assistance until such child is one year of age, unless 
                a State determines that a child is not eligible for 
                such medical assistance through a redetermination under 
                subparagraph (D).
                    ``(C) Exception for other coverage.--
                            ``(i) In general.--If, during the period of 
                        eligibility under subparagraph (A), the State 
                        determines that the child is enrolled in a type 
                        of coverage described in subparagraph (A)(iv), 
                        the State may terminate medical assistance for 
                        such child under subsection (a)(10)(A)(i)(X).
                            ``(ii) Limitation.--A State that determines 
                        that a child is eligible for such coverage, but 
                        not enrolled in such coverage, may not 
                        terminate such medical assistance for such 
                        child until such child is enrolled in such 
                        coverage.
                    ``(D) Redeterminations of eligibility.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (C)(ii), the State shall 
                        redetermine a child's eligibility for medical 
                        assistance under subsection (a)(10)(A)(i)(X) 
                        not later than 180 days after the date of the 
                        child's birth.
                            ``(ii) Limitation.--If an application is 
                        required for a redetermination under clause 
                        (i), and such application is not received by 
                        the State, and the State reasonably believes 
                        that the child for which such application was 
                        required continues to be a qualified newborn, 
                        the State may not discontinue such child's 
                        eligibility for medical assistance under 
                        subsection (a)(10)(A)(i)(X) on the basis of 
                        such missing application.
                            ``(iii) Reduced fmap for failure to do 
                        timely determination.--The increased Federal 
                        medical assistance percentage provided under 
                        the third sentence of section 1905(b) with 
                        respect to individuals eligible for medical 
                        assistance under section 1902(a)(10)(A)(i)(X) 
                        shall not apply with respect to a child, 
                        beginning 180 days after the date of the 
                        child's birth, for whom a determination is not 
                        made on a timely basis under clause (i), unless 
                        the limitation under clause (ii) applies to 
                        such child.''.
    (c) 100 Percent Matching Rate for Temporary Coverage of Certain 
Newborns.--
            (1) In general.--The third sentence of section 1905(b) of 
        the Social Security Act (42 U.S.C. 1396d(b)) is amended by 
        inserting before the period at the end the following: ``and, 
        subject to section 1902(e)(16)(D)(iii), for medical assistance 
        for individuals in one of the 50 States or the District of 
        Columbia eligible for such assistance under section 
        1902(a)(10)(A)(i)(X)''.
            (2) Application to territories.--Section 1108(g)(4) of the 
        Social Security Act (42 U.S.C. 1308(g)(4)) is amended--
                    (A) by striking ``and (4)'' and inserting ``and 
                (5)''; and
                    (B) by adding at the end the following: ``Payment 
                for medical assistance for an individual eligible for 
                assistance under section 1902(a)(10)(A)(i)(X) shall not 
                be taken into account in applying subsection (f) (as 
                increased in accordance with paragraphs (1), (2), (3), 
                and (5) of this subsection).''
    (d) Conforming Amendment.--Section 1903(f)(4) of the Social 
Security Act (42 U.S.C. 1396b(f)(4)) is amended by inserting 
``1902(a)(10)(A)(i)(X),'' after ``1902(a)(10)(A)(i)(VIII),''.
    (e) Technical Amendments.--Section 1902(e) of the Social Security 
Act (42 U.S.C. 1396a(e)) is amended by redesignating the paragraph (14) 
relating to exclusion of compensation for participation in a clinical 
trial for testing of treatments for a rare disease or condition, as 
added by section 3 of the Improving Access to Clinical Trials Act of 
2009 (Public Law 111-255), as paragraph (15). Such redesignation shall 
not be construed to affect the application of section 3(e) of the 
Improving Access to Clinical Trials Act of 2009 to such paragraph.
    (f) Delay in Implementation Permitted for State Plan Amendment.--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 imposed by the amendments made by this section, 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.
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