[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9402 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9402

  To require the coverage of testing for certain sexually transmitted 
   infections without the imposition of cost sharing, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2022

    Ms. Williams of Georgia (for herself and Ms. Lee of California) 
 introduced the following bill; which was referred to the Committee on 
  Energy and Commerce, and in addition to the Committees on Ways and 
Means, Armed Services, Veterans' Affairs, and Natural Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To require the coverage of testing for certain sexually transmitted 
   infections without the imposition of cost sharing, 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 ``Equity in STD Testing Act''.

SEC. 2. COVERAGE OF TESTING FOR CERTAIN SEXUALLY TRANSMITTED INFECTIONS 
              WITHOUT COST SHARING.

    (a) Coverage of Testing Under Medicare Advantage.--
            (1) Coverage.--Section 1852(a)(1)(B) of the Social Security 
        Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is amended--
                    (A) in clause (iv)--
                            (i) by redesignating subclause (VIII) as 
                        subclause (IX); and
                            (ii) by inserting after subclause (VII) the 
                        following new subclause:
                                    ``(VIII) Screening testing for each 
                                of HIV, gonorrhea, syphilis, 
                                trichomoniasis, and chlamydia (and the 
                                administration of such tests) for which 
                                benefits are provided under part B as 
                                an additional preventive service.''; 
                                and
                    (B) in clause (v), by striking ``and (VI)'' and 
                inserting ``(VI), and (VIII)''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to plan years beginning after such 
        date.
    (b) Coverage of Testing Under Medicaid.--
            (1) Coverage.--Section 1905(a) of such Act (42 U.S.C. 
        1396d(a)(3)) is amended--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by adding ``and'' 
                        at the end; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) screening testing for each of HIV, gonorrhea, 
                syphilis, trichomoniasis, and chlamydia (and the 
                administration of such tests), if such testing (or 
                administration, as applicable) would be covered under 
                health insurance coverage pursuant to section 
                2713(a)(1) of the Public Health Service Act for an 
                individual enrolled under such coverage;''; and
                    (B) in paragraph (13), in the matter preceding 
                subparagraph (A), by inserting ``(other than testing 
                and services described in paragraph (3)(C))'' after 
                ``preventive''.
            (2) Elimination of cost-sharing.--Section 1916 of such Act 
        (42 U.S.C. 1396o) is amended--
                    (A) in subsection (a)(2), as amended by section 
                11405(a)(2)(A)(i)(II)-(IV) of Public Law 117-169--
                            (i) in subparagraph (I), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (J), by striking 
                        ``and'' at the end and inserting ``or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(K) screening testing (and the administration of 
                such tests) described in section 1905(a)(3)(C); and''; 
                and
                    (B) in subsection (b)(2), as amended by section 
                11405(a)(2)(A)(ii)(II)-(IV) of Public Law 117-169--
                            (i) in subparagraph (I), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (J), by striking 
                        ``and'' at the end and inserting ``or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(K) screening testing (and the administration of 
                such tests) described in section 1905(a)(3)(C); and''.
            (3) Application to alternative cost-sharing.--Section 
        1916A(b)(3)(B) of such Act (42 U.S.C. 1396o-1(b)(3)(B)), as 
        amended by section 11405(a)(2)(B) of Public Law 117-169, is 
        amended by adding at the end the following new clause:
                            ``(xv) Screening testing (and the 
                        administration of such tests) described in 
                        section 1905(a)(3)(C).''.
            (4) Effective date.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this subsection shall take 
                effect on the date of the enactment of this Act and 
                shall apply with respect to calendar year quarters 
                beginning on or after the date that is one year after 
                such date.
                    (B) Exception if state legislation required.--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 subsection, 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 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.
    (c) Coverage of Testing for Uninsured Individuals as State 
Option.--
            (1) Coverage.--Section 1902(a) of such Act (42 U.S.C. 
        1396a(a)) is amended--
                    (A) in paragraph (10)(A)(ii)--
                            (i) in subclause (XXII), by striking ``or'' 
                        at the end;
                            (ii) in subclause (XXIII), by adding ``or'' 
                        at the end; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(XXIV) who are uninsured 
                                individuals (as defined in subsection 
                                (ss)) who receive the screening testing 
                                (and the administration of such tests) 
                                described in section 1905(a)(3)(C);'';
                    (B) in the matter following paragraph (10)(G)--
                            (i) by striking ``and (XIX)'' and inserting 
                        ``(XIX)''; and
                            (ii) by striking the semicolon at the end 
                        and inserting ``, and (XX) the medical 
                        assistance made available to an uninsured 
                        individual (as defined in subsection (ss)) who 
                        is eligible for medical assistance only because 
                        of subparagraph (A)(ii)(XXIV) shall be limited 
                        to medical assistance for the screening testing 
                        (and the administration of such tests) 
                        described in section 1905(a)(3)(C);''; and
                    (C) in paragraph (55), in the matter preceding 
                subparagraph (A), by striking ``or 
                (a)(10)(A)(ii)(XXIII)'' and inserting 
                ``(a)(10)(A)(ii)(XXIII), or (a)(10)(A)(ii)(XXIV)''.
            (2) Federal medical assistance percentage.--Section 1905(b) 
        of such Act (42 U.S.C. 1396d(b)) is amended by adding at the 
        end the following new sentence: ``Notwithstanding the first 
        sentence of this subsection, the Federal medical assistance 
        percentage shall be 100 per centum with respect to (and, 
        notwithstanding any other provision of this title, available 
        for) medical assistance provided to uninsured individuals (as 
        defined in section 1902(ss)) who are eligible for such 
        assistance only on the basis of section 
        1902(a)(10)(A)(ii)(XXIV) and with respect to expenditures 
        described in section 1903(a)(7) that a State demonstrates to 
        the satisfaction of the Secretary are attributable to 
        administrative costs related to providing for such medical 
        assistance to such individuals under the State plan.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to calendar year quarters beginning on 
        or after such date.
    (d) Coverage of Testing Under CHIP.--
            (1) Required coverage of sexually transmitted infections 
        testing.--Section 2103(c) of such Act (42 U.S.C. 1397cc(c)), as 
        amended by section 11405(b)(1) of Public Law 117-169, is 
        amended by adding at the end the following new paragraph:
            ``(13) Required coverage of sexually transmitted infections 
        testing.--The child health assistance provided to a targeted 
        low-income child shall include coverage of any screening 
        testing for each of HIV, gonorrhea, syphilis, trichomoniasis, 
        and chlamydia (and the administration of such tests), if such 
        testing (or administration, as applicable) would be covered 
        under health insurance coverage pursuant to section 2713(a)(1) 
        of the Public Health Service Act for an individual enrolled 
        under such coverage.''.
            (2) Elimination of cost-sharing.--Section 2103(e)(2) of 
        such Act (42 U.S.C. 1397cc(e)(2)) is amended--
                    (A) in the heading, by inserting ``sexually 
                transmitted infections testing,'' before ``or 
                pregnancy-related assistance''; and
                    (B) by inserting ``screening testing described in 
                subsection (c)(12) (and the administration of such 
                tests)'' before ``services described in section 
                1916(a)(2)(G)''.
            (3) Effective date.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this subsection shall take 
                effect on the date of the enactment of this Act and 
                shall apply with respect to calendar year quarters 
                beginning on or after the date that is one year after 
                such date.
                    (B) Exception if state legislation required.--In 
                the case of a State child health plan for child health 
                assistance under title XXI 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 subsection, the State child 
                health 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 
                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.
    (e) Coverage of Testing With Respect to Tricare.--
            (1) Coverage.--Title 10, United States Code, is amended--
                    (A) in section 1074d--
                            (i) by redesignating subsection (b) as 
                        subsection (c); and
                            (ii) by inserting before subsection (c), as 
                        so redesignated, the following new subsection:
    ``(b) Coverage of Sexually Transmitted Infections Testing.--Members 
and former members of the uniformed services entitled to medical care 
under section 1074 or 1074a of this title shall also be entitled to 
screening testing for each of HIV, gonorrhea, syphilis, trichomoniasis, 
and chlamydia (and the administration of such tests), if such testing 
(or administration, as applicable) would be covered under health 
insurance coverage pursuant to section 2713(a)(1) of the Public Health 
Service Act for an individual enrolled under such coverage, as part of 
such medical care.''; and
                    (B) in section 1079(a), by adding at the end the 
                following new paragraph:
            ``(20) Screening testing for each of HIV, gonorrhea, 
        syphilis, trichomoniasis, and chlamydia (and the administration 
        of such tests), if such testing (or administration, as 
        applicable) would be covered under health insurance coverage 
        pursuant to section 2713(a)(1) of the Public Health Service Act 
        for an individual enrolled under such coverage, shall be 
        provided as appropriate.''.
            (2) Elimination of cost-sharing.--Such title is further 
        amended--
                    (A) in section 1075a, by adding at the end the 
                following new subsection:
    ``(d) Elimination of Cost-Sharing for Sexually Transmitted 
Infections Testing.--Notwithstanding any other provision under this 
section, cost-sharing may not be imposed or collected with respect to 
any beneficiary enrolled in TRICARE Prime for screening testing for 
each of HIV, gonorrhea, syphilis, trichomoniasis, and chlamydia (and 
the administration of such tests), if such testing (or administration, 
as applicable) would be covered under health insurance coverage 
pursuant to section 2713(a)(1) of the Public Health Service Act for an 
individual enrolled under such coverage, that is provided under TRICARE 
Prime.'';
                    (B) in section 1075(c), by adding at the end the 
                following new paragraph:
            ``(4) Notwithstanding any other provision under this 
        section, cost-sharing may not be imposed or collected with 
        respect to any beneficiary enrolled in TRICARE Select for 
        screening testing for each of HIV, gonorrhea, syphilis, 
        trichomoniasis, and chlamydia (and the administration of such 
        tests), if such testing (or administration, as applicable) 
        would be covered under health insurance coverage pursuant to 
        section 2713(a)(1) of the Public Health Service Act for an 
        individual enrolled under such coverage, that is provided under 
        TRICARE Select.''; and
                    (C) in section 1086(d)(3)--
                            (i) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (ii) by inserting before subparagraph (D), 
                        as so redesignated, the following new 
                        subparagraph:
                    ``(C) Notwithstanding any other provision under 
                this section, cost-sharing may not be imposed or 
                collected under a plan under subsection (a) with 
                respect to a person described in paragraph (2) for 
                screening testing for each of HIV, gonorrhea, syphilis, 
                trichomoniasis, and chlamydia (and the administration 
                of such tests), if such testing (or administration, as 
                applicable) would be covered under health insurance 
                coverage pursuant to section 2713(a)(1) of the Public 
                Health Service Act for an individual enrolled under 
                such coverage.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on January 1 of the year following the date 
        of the enactment of this Act.
    (f) Coverage of Testing With Respect to Veterans.--
            (1) Coverage.--Chapter 17 of title 38, United States Code, 
        is amended by inserting after section 1720J the following new 
        section (and conforming the table of sections at the beginning 
        of such chapter accordingly):
``Sec. 1720K. Sexually transmitted infections testing
    ``(a) Coverage of Sexually Transmitted Infections Testing.--The 
Secretary shall furnish screening testing for each of HIV, gonorrhea, 
syphilis, trichomoniasis, and chlamydia (and the administration of such 
tests), if such testing (or administration, as applicable) would be 
covered under health insurance coverage pursuant to section 2713(a)(1) 
of the Public Health Service Act for an individual enrolled under such 
coverage, to an eligible individual at a medical facility of the 
Department pursuant to this section.
    ``(b) Eligibility.--An individual is eligible for the testing 
described in subsection (a) if the individual is a veteran who is 
enrolled in the system of annual patient enrollment established under 
section 1705(a) of this title.
    ``(c) Prohibition on Cost-Sharing.--Notwithstanding subsections (f) 
and (g) of section 1710 and section 1722A of this title, the Secretary 
may not require an eligible individual to make any copayment for, or 
charge such individual for any other cost of, the receipt of the 
testing described in subsection (a).''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on January 1 of the year following the date 
        of the enactment of this Act.
    (g) Coverage of Testing With Respect to Indians Receiving 
Purchased/Referred Care.--
            (1) Coverage.--The Secretary of Health and Human Services 
        shall cover, without the imposition of any cost sharing 
        requirements, the cost of providing screening testing (and the 
        administration of such tests) for each of HIV, gonorrhea, 
        syphilis, trichomoniasis, and chlamydia, if such testing (or 
        administration, as applicable) would be covered under health 
        insurance coverage pursuant to section 2713(a)(1) of the Public 
        Health Service Act for an individual enrolled under such 
        coverage, to Indians (as defined in section 4 of the Indian 
        Health Care Improvement Act (25 U.S.C. 1603)) receiving health 
        services through the Indian Health Service, including through 
        an Urban Indian Organization, regardless of whether such tests 
        have been authorized under the purchased/referred care system 
        funded by the Indian Health Service or are covered as a health 
        service of the Indian Health Service.
            (2) Effective date.--This subsection shall take effect on 
        the date of the enactment of this Act and shall apply to items 
        and services furnished on or after the first day of the 
        calendar year beginning after such date.
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