[106th Congress Public Law 354]
[From the U.S. Government Printing Office]


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[DOCID: f:publ354.106]


[[Page 114 STAT. 1381]]

Public Law 106-354
106th Congress

                                 An Act


 
    To amend title XIX of the Social Security Act to provide medical 
   assistance for certain women screened and found to have breast or 
cervical cancer under a federally funded screening program, to amend the 
 Public Health Service Act and the Federal Food, Drug, and Cosmetic Act 
with respect to surveillance and information concerning the relationship 
  between cervical cancer and the human papillomavirus (HPV), and for 
         other purposes. <<NOTE: Oct. 24, 2000 -  [H.R. 4386]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Breast Cancer 
Prevention and Treatment Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 42 USC 1305 note.>> 

    This Act may be cited as the ``Breast and Cervical Cancer Prevention 
and Treatment Act of 2000''.

SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CERVICAL CANCER 
            PATIENTS.

    (a) Coverage as Optional Categorically Needy Group.--
            (1) In general.--Section 1902(a)(10)(A)(ii) of the Social 
        Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
                    (A) in subclause (XVI), by striking ``or'' at the 
                end;
                    (B) in subclause (XVII), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(XVIII) who are described in 
                                subsection (aa) (relating to certain 
                                breast or cervical cancer patients);''.
            (2) Group described.--Section 1902 of the Social Security 
        Act (42 U.S.C. 1396a) is amended by adding at the end the 
        following:

    ``(aa) Individuals described in this subsection are individuals 
who--
            ``(1) are not described in subsection (a)(10)(A)(i);
            ``(2) have not attained age 65;
            ``(3) have been screened for breast and cervical cancer 
        under the Centers for Disease Control and Prevention breast and 
        cervical cancer early detection program established under title 
        XV of the Public Health Service Act (42 U.S.C. 300k et seq.) in 
        accordance with the requirements of section 1504 of that Act (42 
        U.S.C. 300n) and need treatment for breast or cervical cancer; 
        and
            ``(4) are not otherwise covered under creditable coverage, 
        as defined in section 2701(c) of the Public Health Service Act 
        (42 U.S.C. 300gg(c)).''.

[[Page 114 STAT. 1382]]

            (3) Limitation on Benefits.--Section 1902(a)(10) of the 
        Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the 
        matter following subparagraph (G)--
                    (A) by striking ``and (XIII)'' and inserting 
                ``(XIII)''; and
                    (B) by inserting ``, and (XIV) the medical 
                assistance made available to an individual described in 
                subsection (aa) who is eligible for medical assistance 
                only because of subparagraph (A)(10)(ii)(XVIII) shall be 
                limited to medical assistance provided during the period 
                in which such an individual requires treatment for 
                breast or cervical cancer'' before the semicolon.
            (4) Conforming amendments.--Section 1905(a) of the Social 
        Security Act (42 U.S.C. 1396d(a)) is amended in the matter 
        preceding paragraph (1)--
                    (A) in clause (xi), by striking ``or'' at the end;
                    (B) in clause (xii), by adding ``or'' at the end; 
                and
                    (C) by inserting after clause (xii) the following:
            ``(xiii) individuals described in section 1902(aa),''.

    (b) Presumptive Eligibility.--
            (1) In general.--Title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) is amended by inserting after section 1920A 
        the following:

``presumptive eligibility for certain breast or cervical cancer patients

    ``Sec. 1920B. <<NOTE: 42 USC 1396r-1b.>>  (a) State Option.--A State 
plan approved under section 1902 may provide for making medical 
assistance available to an individual described in section 1902(aa) 
(relating to certain breast or cervical cancer patients) during a 
presumptive eligibility period.

    ``(b) Definitions.--For purposes of this section:
            ``(1) Presumptive eligibility period.--The term `presumptive 
        eligibility period' means, with respect to an individual 
        described in subsection (a), the period that--
                    ``(A) begins with the date on which a qualified 
                entity determines, on the basis of preliminary 
                information, that the individual is described in section 
                1902(aa); and
                    ``(B) ends with (and includes) the earlier of--
                          ``(i) the day on which a determination is made 
                      with respect to the eligibility of such individual 
                      for services under the State plan; or
                          ``(ii) in the case of such an individual who 
                      does not file an application by the last day of 
                      the month following the month during which the 
                      entity makes the determination referred to in 
                      subparagraph (A), such last day.
            ``(2) Qualified entity.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `qualified entity' means any entity that--
                          ``(i) is eligible for payments under a State 
                      plan approved under this title; and
                          ``(ii) is determined by the State agency to be 
                      capable of making determinations of the type 
                      described in paragraph (1)(A).

[[Page 114 STAT. 1383]]

                    ``(B) Regulations.--The Secretary may issue 
                regulations further limiting those entities that may 
                become qualified entities in order to prevent fraud and 
                abuse and for other reasons.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed as preventing a State from 
                limiting the classes of entities that may become 
                qualified entities, consistent with any limitations 
                imposed under subparagraph (B).

    ``(c) Administration.--
            ``(1) In general.--The State agency shall provide qualified 
        entities with--
                    ``(A) such forms as are necessary for an application 
                to be made by an individual described in subsection (a) 
                for medical assistance under the State plan; and
                    ``(B) information on how to assist such individuals 
                in completing and filing such forms.
            ``(2) Notification requirements.--A qualified entity that 
        determines under subsection (b)(1)(A) that an individual 
        described in subsection (a) is presumptively eligible for 
        medical assistance under a State plan shall--
                    ``(A) notify the State agency of the determination 
                within 5 working days after the date on which 
                determination is made; and
                    ``(B) inform such individual at the time the 
                determination is made that an application for medical 
                assistance under the State plan is required to be made 
                by not later than the last day of the month following 
                the month during which the determination is made.
            ``(3) Application for medical assistance.--In the case of an 
        individual described in subsection (a) who is determined by a 
        qualified entity to be presumptively eligible for medical 
        assistance under a State plan, the individual shall apply for 
        medical assistance under such plan by not later than the last 
        day of the month following the month during which the 
        determination is made.

    ``(d) Payment.--Notwithstanding any other provision of this title, 
medical assistance that--
            ``(1) is furnished to an individual described in subsection 
        (a)--
                    ``(A) during a presumptive eligibility period;
                    ``(B) by a entity that is eligible for payments 
                under the State plan; and
            ``(2) is included in the care and services covered by the 
        State plan,

shall be treated as medical assistance provided by such plan for 
purposes of clause (4) of the first sentence of section 1905(b).''.
            (2) Conforming amendments.--
                    (A) Section 1902(a)(47) of the Social Security Act 
                (42 U.S.C. 1396a(a)(47)) is amended by inserting before 
                the semicolon at the end the following: ``and provide 
                for making medical assistance available to individuals 
                described in subsection (a) of section 1920B during a 
                presumptive eligibility period in accordance with such 
                section''.
                    (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 
                1396b(u)(1)(D)(v)) is amended--
                          (i) by striking ``or for'' and inserting ``, 
                      for''; and

[[Page 114 STAT. 1384]]

                          (ii) by inserting before the period the 
                      following: ``, or for medical assistance provided 
                      to an individual described in subsection (a) of 
                      section 1920B during a presumptive eligibility 
                      period under such section''.

    (c) Enhanced Match.--The first sentence of section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b)) is amended--
            (1) by striking ``and'' before ``(3)''; and
            (2) by inserting before the period at the end the following: 
        ``, and (4) the Federal medical assistance percentage shall be 
        equal to the enhanced FMAP described in section 2105(b) with 
        respect to medical assistance provided to individuals who are 
        eligible for such assistance only on the basis of section 
        1902(a)(10)(A)(ii)(XVIII)''.

    (d) <<NOTE: Applicability. 42 USC 1396a note.>>  Effective Date.--
The amendments made by this section apply to medical assistance for 
items and services furnished on or after October 1, 2000, without regard 
to whether final regulations to carry out such amendments have been 
promulgated by such date.

    Approved October 24, 2000.

LEGISLATIVE HISTORY--H.R. 4386 (S. 662):
---------------------------------------------------------------------------

SENATE REPORTS: No. 106-323 accompanying S. 662 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            May 9, considered and passed House.
            Oct. 4, considered and passed Senate, amended, in lieu of S. 
                662.
            Oct. 12, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 24, Presidential statement.

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