# Patient Protection and Affordable Care Act/Title II/Subtitle D
## Subtitle D--Improvements to Medicaid Services
### SEC. 2301. COVERAGE FOR FREESTANDING BIRTH CENTER SERVICES.

    (a) In General- Section 1905 of the Social Security Act (42 U.S.C. 1396d), is amended--
       (1) in subsection (a)--
          (A) in paragraph (27), by striking `and' at the end;
          (B) by redesignating paragraph (28) as paragraph (29); and
          (C) by inserting after paragraph (27) the following new paragraph:
                `(28) freestanding birth center services (as defined in subsection (l)(3)(A)) and other ambulatory services that are offered by a freestanding birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; and'; and
       (2) in subsection (l), by adding at the end the following new paragraph:
                `(3)(A) The term `freestanding birth center services' means services furnished to an individual at a freestanding birth center (as defined in subparagraph (B)) at such center.
                   `(B) The term `freestanding birth center' means a health facility--
                      `(i) that is not a hospital;
                      `(ii) where childbirth is planned to occur away from the pregnant woman's residence;
                      `(iii) that is licensed or otherwise approved by the State to provide prenatal labor and delivery or postpartum care and other ambulatory services that are included in the plan; and
                      `(iv) that complies with such other requirements relating to the health and safety of individuals furnished services by the facility as the State shall establish.
                   `(C) A State shall provide separate payments to providers administering prenatal labor and delivery or postpartum care in a freestanding birth center (as defined in subparagraph (B)), such as nurse midwives and other providers of services such as birth attendants recognized under State law, as determined appropriate by the Secretary. For purposes of the preceding sentence, the term `birth attendant' means an individual who is recognized or registered by the State involved to provide health care at childbirth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the supervision of, or associated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a birth attendant.'.
    (b) Conforming Amendment- Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), is amended in the matter preceding clause (i) by striking `and (21)' and inserting `, (21), and (28)'.
    (c) Effective Date-
       (1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date.
       (2) 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 requirement 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 this additional requirement 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.

### SEC. 2302. CONCURRENT CARE FOR CHILDREN.

    (a) In General- Section 1905(o)(1) of the Social Security Act (42 U.S.C. 1396d(o)(1)) is amended--
       (1) in subparagraph (A), by striking `subparagraph (B)' and inserting `subparagraphs (B) and (C)'; and
       (2) by adding at the end the following new subparagraph:
                   `(C) A voluntary election to have payment made for hospice care for a child (as defined by the State) shall not constitute a waiver of any rights of the child to be provided with, or to have payment made under this title for, services that are related to the treatment of the child's condition for which a diagnosis of terminal illness has been made.'.
    (b) Application to CHIP- Section 2110(a)(23) of the Social Security Act (42 U.S.C. 1397jj(a)(23)) is amended by inserting `(concurrent, in the case of an individual who is a child, with care related to the treatment of the child's condition with respect to which a diagnosis of terminal illness has been made' after `hospice care'.

### SEC. 2303. STATE ELIGIBILITY OPTION FOR FAMILY PLANNING SERVICES.

    (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)), as amended by section 2001(e), is amended--
          (A) in subclause (XIX), by striking `or' at the end;
          (B) in subclause (XX), by adding `or' at the end; and
          (C) by adding at the end the following new subclause:
                   `(XXI) who are described in subsection (ii) (relating to individuals who meet certain income standards);'.
    (2) GROUP DESCRIBED- Section 1902 of such Act (42 U.S.C. 1396a), as amended by section 2001(d), is amended by adding at the end the following new subsection:
                      `(ii)(1) Individuals described in this subsection are individuals--
                   `(A) whose income does not exceed an income eligibility level established by the State that does not exceed the highest income eligibility level established under the State plan under this title (or under its State child health plan under title XXI) for pregnant women; and
                   `(B) who are not pregnant.
                `(2) At the option of a State, individuals described in this subsection may include individuals who, had individuals applied on or before January 1, 2007, would have been made eligible pursuant to the standards and processes imposed by that State for benefits described in clause (XV) of the matter following subparagraph (G) of section subsection (a)(10) pursuant to a waiver granted under section 1115.
                `(3) At the option of a State, for purposes of subsection (a)(17)(B), in determining eligibility for services under this subsection, the State may consider only the income of the applicant or recipient.'.
       (3) LIMITATION ON BENEFITS- Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 2001(a)(5)(A), is amended in the matter following subparagraph (G)--
          (A) by striking `and (XV)' and inserting `(XV)'; and
          (B) by inserting `, and (XVI) the medical assistance made available to an individual described in subsection (ii) shall be limited to family planning services and supplies described in section 1905(a)(4)(C) including medical diagnosis and treatment services that are provided pursuant to a family planning service in a family planning setting' before the semicolon.
       (4) CONFORMING AMENDMENTS-
          (A) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by section 2001(e)(2)(A), is amended in the matter preceding paragraph (1)--
             (i) in clause (xiv), by striking `or' at the end;
             (ii) in clause (xv), by adding `or' at the end; and
             (iii) by inserting after clause (xv) the following:
             `(xvi) individuals described in section 1902(ii),'.
          (B) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)), as amended by section 2001(e)(2)(B), is amended by inserting `1902(a)(10)(A)(ii)(XXI),' after `1902(a)(10)(A)(ii)(XX),'.
    (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 1920B the following:
          `PRESUMPTIVE ELIGIBILITY FOR FAMILY PLANNING SERVICES
          `Sec. 1920C. (a) State Option- State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(ii) (relating to individuals who meet certain income eligibility standard) during a presumptive eligibility period. In the case of an individual described in section 1902(ii), such medical assistance shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis and treatment services that are provided in conjunction with a family planning service in a family planning setting.
             `(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(ii); 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).
                   `(B) 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 in order to prevent fraud and abuse.
             `(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 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 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 law, medical assistance that--
                `(1) is furnished to an individual described in subsection (a)--
                   `(A) during a presumptive eligibility period; and
                   `(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)), as amended by section 2202(a), is amended--
             (i) in subparagraph (A), 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 1920C during a presumptive eligibility period in accordance with such section'; and
             (ii) in subparagraph (B), by striking `or 1920B' and inserting `1920B, or 1920C'.
          (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)), as amended by section 2202(b), is amended by inserting `or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section,' after `1920B during a presumptive eligibility period under such section,'.
    (c) Clarification of Coverage of Family Planning Services and Supplies- Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)), as amended by section 2001(c), is amended by adding at the end the following:
                `(7) COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES- Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section.'.
    (d) Effective Date- The amendments made by this section take effect on the date of the enactment of this Act and shall apply to items and services furnished on or after such date.

### SEC. 2304. CLARIFICATION OF DEFINITION OF MEDICAL ASSISTANCE.

Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting `or the care and services themselves, or both' before `(if provided in or after'.