# H.R. 3200/Division B/Title VII/Subtitle B
## SUBTITLE B — PREVENTION
### Sec. 1711. Required Coverage of Preventive Services.

    (a) Coverage.—
       Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 1701(a)(2)(B), is amended—
          (1) in subsection (a)(4)—
                (A) by striking ``and´´ before ``(C)´´; and
                (B) by inserting before the semicolon at the end the following: ``and (D) preventive services described in subsection (z)´´; and
          (2) by adding at the end the following new subsection:
             ``(z) Preventive services.—The preventive services described in this subsection are services not otherwise described in subsection (a) or (r) that the Secretary determines are—
                ``(1)(A) recommended with a grade of A or B by the Task Force for Clinical Preventive Services; or
                   ``(B) vaccines recommended for use as appropriate by the Director of the Centers for Disease Control and Prevention; and
                ``(2) appropriate for individuals entitled to medical assistance under this title.´´.
    (b) Conforming Amendment.—
       Section 1928 of such Act (42 U.S.C. 1396s) is amended—
          (1) in subsection (c)(2)(B)(i), by striking ``the advisory committee referred to in subsection (e)´´ and inserting ``the Director of the Centers for Disease Control and Prevention´´;
          (2) in subsection (e), by striking ``Advisory Committee´´ and all that follows and inserting ``Director of the Centers for Disease Control and Prevention.´´; and
          (3) by striking subsection (g).
    (c) Effective Date.—
          (1) Except as provided in paragraph (2), the amendments made by this section shall apply to services furnished on or after July 1, 2010, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
          (2) 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 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 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.

### Sec. 1712. Tobacco Cessation.

    (a) Dropping Tobacco Cessation Exclusion from Covered Outpatient Drugs.—
       Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r–8(d)(2)) is amended—
          (1) by striking subparagraph (E);
          (2) in subparagraph (G), by inserting before the period at the end the following: ``, except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation´´; and
          (3) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively.
    (b) Effective Date.—
       The amendments made by this section shall apply to drugs and services furnished on or after January 1, 2010.

### Sec. 1713. Optional Coverage of Nurse Home Visitation Services.

    (a) In General.—
       Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by sections 1701(a)(2) and 1711(a), 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) nurse home visitation services (as defined in subsection (aa)); and´´; and
          (2) by adding at the end the following new subsection:
             ``(aa) The term ‘nurse home visitation services’ means home visits by trained nurses to families with a first-time pregnant woman, or a child (under 2 years of age), who is eligible for medical assistance under this title, but only, to the extent determined by the Secretary based upon evidence, that such services are effective in one or more of the following:
                ``(1) Improving maternal or child health and pregnancy outcomes or increasing birth intervals between pregnancies.
                ``(2) Reducing the incidence of child abuse, neglect, and injury, improving family stability (including reduction in the incidence of intimate partner violence), or reducing maternal and child involvement in the criminal justice system.
                ``(3) Increasing economic self-sufficiency, employment advancement, school-readiness, and educational achievement, or reducing dependence on public assistance.´´.
    (b) Effective Date.—
       The amendments made by this section shall apply to services furnished on or after January 1, 2010.
    (c) Construction.—
       Nothing in the amendments made by this section shall be construed as affecting the ability of a State under title XIX or XXI of the Social Security Act to provide nurse home visitation services as part of another class of items and services falling within the definition of medical assistance or child health assistance under the respective title, or as an administrative expenditure for which payment is made under section 1903(a) or 2105(a) of such Act, respectively, on or after the date of the enactment of this Act.

### Sec. 1714. 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)) is amended—
                (A) in subclause (XVIII), by striking ``or´´ at the end;
                (B) in subclause (XIX), by adding ``or´´ at the end; and
                (C) by adding at the end the following new subclause:
                   ``(XX) who are described in subsection (hh) (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 1703, is amended by adding at the end the following new subsection:
                   ``(hh)(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 such Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)—
                (A) by striking ``and (XIV)´´ and inserting ``(XIV)´´; and
                (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (hh) 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´´ after ``cervical cancer´´.
          (4) Conforming Amendments.—
             Section 1905(a) of such Act (42 U.S.C. 1396d(a)), as amended by section 1731(c), is amended in the matter preceding paragraph (1)—
                (A) in clause (xiii), by striking ``or´´ at the end;
                (B) in clause (xiv), by adding ``or´´ at the end; and
                (C) by inserting after clause (xiv) the following:
                   ``(xv) individuals described in section 1902(hh),´´.
    (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(hh) (relating to individuals who meet certain income eligibility standard) during a presumptive eligibility period. In the case of an individual described in section 1902(hh), 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(hh); 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;
                   ``(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 1920C 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
                      (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C 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)) is amended by adding at the end the following:
          ``(5) 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.