PUBLIC LAW 106–354—OCT. 24, 2000 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.

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 ‘‘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)).’’.

42 USC 1305

note.

Breast Cancer

Prevention and

Treatment Act of

2000.

Oct. 24, 2000

[H.R. 4386]

114 STAT. 1382 PUBLIC LAW 106–354—OCT. 24, 2000

(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. (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).

42 USC

1396r–1b.

PUBLIC LAW 106–354—OCT. 24, 2000 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

114 STAT. 1384 PUBLIC LAW 106–354—OCT. 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.

Æ

(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) 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.

Applicability.

42 USC 1396a

note.