[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3089 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3089

To amend title XIX of the Social Security Act to streamline enrollment 
under the Medicaid program of certain providers across State lines, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2021

   Ms. Clark of Massachusetts (for herself and Ms. Herrera Beutler) 
 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 streamline enrollment 
under the Medicaid program of certain providers across State lines, 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 ``Accelerating Kids' Access to Care 
Act''.

SEC. 2. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-OF-STATE 
              PROVIDERS UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1902(kk) of the Social Security Act (42 
U.S.C. 1396a(kk)) is amended by adding at the end the following new 
paragraph:
            ``(10) Streamlined enrollment process for eligible out-of-
        state providers.--
                    ``(A) In general.--The State adopts and implements 
                a process that enables an eligible out-of-State 
                provider to enroll as a provider in the State plan 
                without the imposition of additional screening 
                requirements by the State. An eligible out-of-State 
                provider that enrolls in the State plan through such 
                process shall be so enrolled for a 5-year period and 
                may revalidate such enrollment through such process for 
                subsequent 5-year periods.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Eligible out-of-state provider.--The 
                        term `eligible out-of-State provider' means, 
                        with respect to a State, a provider--
                                    ``(I) that furnishes to qualifying 
                                individuals any item or service for 
                                which payment is available under the 
                                State plan of the State;
                                    ``(II) that is located in any other 
                                State;
                                    ``(III) with respect to which the 
                                Secretary has determined there is a 
                                limited risk of fraud, waste, or abuse 
                                for purposes of determining the level 
                                of screening to be conducted under 
                                section 1866(j)(2)(B);
                                    ``(IV) that has been screened under 
                                such section 1866(j)(2)(B) for purposes 
                                of enrolling in the Medicare program 
                                under title XVIII or the State plan of 
                                the State in which such provider is 
                                located; and
                                    ``(V) that has not been excluded 
                                from participation in the Medicare 
                                program under such title or the 
                                Medicaid program under this title.
                            ``(ii) Qualifying individual.--The term 
                        `qualifying individual' means, with respect to 
                        an eligible out-of-State provider--
                                    ``(I) an individual under 18 years 
                                of age to whom the provider furnishes 
                                items and services for the treatment of 
                                a condition; and
                                    ``(II) an individual 18 years of 
                                age or older to whom the provider 
                                furnishes items and services for the 
                                treatment of a condition that onset 
                                before such individual attained 18 
                                years of age.''.
    (b) Conforming Amendments.--
            (1) Section 1902(a)(77) of the Social Security Act (42 
        U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,'' 
        after ``screening,''.
            (2) Section 1902(kk) of such Act (42 U.S.C. 1396a(kk)), as 
        amended by subsection (a), is further amended--
                    (A) in the subsection heading, by inserting 
                ``Enrollment,'' after ``Screening,''; and
                    (B) in paragraph (9), by striking ``Nothing'' and 
                inserting ``Except as provided in paragraph (10), 
                nothing''.
            (3) Section 2107(e)(1)(G) of such Act (42 U.S.C. 
        1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after 
        ``screening,''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section take effect on January 1, 2022.
            (2) Exception for state legislation.--In the case of a 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) or a State child health plan under title 
        XXI of such Act (42 U.S.C. 1397aa et seq.) 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, such State plan or 
        State child health plan shall not be regarded as failing to 
        comply with the requirements of such title XIX or title XXI, 
        respectively, 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 
        the 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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