[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1117 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1117

   To amend title XIX of the Social Security Act to require Medicaid 
           coverage of approved vaccines for pregnant women.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2021

Mr. Cassidy (for himself and Ms. Hassan) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XIX of the Social Security Act to require Medicaid 
           coverage of approved vaccines for pregnant women.

    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 ``Maternal Immunization Coverage 
Act''.

SEC. 2. MANDATORY COVERAGE UNDER MEDICAID OF VACCINES FOR PREGNANT 
              WOMEN.

    (a) Medical Assistance.--Section 1905(a)(4) of the Social Security 
Act (42 U.S.C. 1396d(a)(4)) is amended by striking ``and (D) counseling 
and pharmacotherapy for cessation of tobacco use by pregnant women (as 
defined in subsection (bb)); and'' and inserting ``(D)(i) counseling 
and pharmacotherapy for cessation of tobacco use by pregnant women (as 
defined in subsection (bb)) and (ii) approved vaccines recommended for 
pregnant women by the Advisory Committee on Immunization Practices (an 
advisory committee established by the Secretary, acting through the 
Director of the Centers for Disease Control and Prevention) and their 
administration, for women who are pregnant or who had a pregnancy end 
within the period ending on the last day of the month in which the 60-
day period beginning on the last day of the pregnancy ends (or, if a 
State election under section 1902(e)(16) is in effect, ending on the 
last day of the month in which the 12-month period beginning on the 
last day of the pregnancy ends) and who are eligible for and receiving 
medical assistance under the State plan or a waiver of such plan;''.
    (b) Conforming Amendments.--Section 1902(a)(10) of such Act (42 
U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph 
(G)--
            (1) by striking ``or to any other condition which may 
        complicate pregnancy shall not'' and inserting ``or to any 
        other condition which may complicate pregnancy, and vaccines 
        described in section 1905(a)(4)(D)(ii) and the administration 
        of such vaccines, shall not'';
            (2) by striking ``making available of such services, or the 
        making available of such services of the same'' the first place 
        it appears and inserting ``making available of such services or 
        vaccines, or the making available of such services or vaccines 
        of the same'';
            (3) by striking ``vaccines described in section 
        1905(a)(4)(E) and the administration of such vaccines during 
        the period described in such section'' and inserting ``vaccines 
        described in subparagraphs (D)(ii) and (E) of section 
        1905(a)(4) and the administration of such vaccines (but in the 
        case of vaccines described in section 1905(a)(4)(E), only 
        during the period described in such section)'';
            (4) by striking ``cancer (XV)'' and inserting ``cancer, 
        (XV)'';
            (5) by striking ``and (XVIII)'' and inserting ``(XVIII)'';
            (6) by striking ``and (XIX)'' and inserting ``(XIX)''; and
            (7) by striking ``that would not otherwise include coverage 
        of a COVID-19 vaccine and its administration;'' and inserting 
        ``that would not otherwise include coverage of a COVID-19 
        vaccine and its administration, and (XX) medical assistance 
        shall be made available for vaccines described in section 
        1905(a)(4)(D)(ii) and the administration of such vaccines, for 
        women who are pregnant or who had a pregnancy end within the 
        period ending on the last day of the month in which the 60-day 
        period beginning on the last day of the pregnancy ends (or, if 
        a State election under section 1902(e)(16) is in effect, ending 
        on the last day of the month in which the 12-month period 
        beginning on the last day of the pregnancy ends) and who are 
        eligible for and receiving medical assistance under the State 
        plan or a waiver of such plan, notwithstanding any provision of 
        this title or waiver under section 1115 impacting such women's 
        eligibility for medical assistance under such plan or waiver to 
        coverage for a limited type of benefits and services that would 
        not otherwise include coverage of such vaccines and their 
        administration;''.
    (c) No Cost-Sharing.--
            (1) In general.--Section 1916 of the Social Security Act 
        (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) 
        and (b)(2)(B)--
                    (A) by striking ``and counseling'' and inserting 
                ``counseling''; and
                    (B) by inserting ``, and vaccines described in 
                section 1905(a)(4)(D)(ii) and the administration of 
                such vaccines'' after ``section 1905(bb)(2)(A)''.
            (2) Application to alternative cost sharing.--Section 
        1916A(b)(3)(B)(iii) of the Social Security Act (42 U.S.C. 
        1396o-1(b)(3)(B)(iii)) is amended--
                    (A) by striking ``and counseling'' and inserting 
                ``counseling''; and
                    (B) by inserting ``, and vaccines described in 
                section 1905(a)(4)(D)(ii) and the administration of 
                such vaccines'' after ``section 1905(bb))'' before the 
                period.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of enactment of this Act.
            (2) Delayed compliance.--A State plan shall not be regarded 
        as failing to comply with the requirements imposed by the 
        amendments made by this section before the end of the 60-day 
        period that begins on the day after the last day of the 1st 
        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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