II 

109TH CONGRESS 

1ST SESSION S. 311 

To amend title XIX of the Social Security Act to permit States the option 

to provide medicaid coverage for low-income individuals infected with HIV. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2005 

Mr. SMITH (for himself, Mrs. CLINTON, Ms. COLLINS, Mr. BINGAMAN, Ms. 

CANTWELL, Mr. COLEMAN, Mr. CORZINE, Ms. SNOWE, Mrs. FEINSTEIN, 

Ms. LANDRIEU, Mrs. MURRAY, Mr. DEWINE, Mr. BAYH, Mr. REED, Mr. 

KERRY, Mr. SCHUMER, Mr. DAYTON, Mr. WYDEN, Mrs. LINCOLN, Mr. 

LIEBERMAN, Ms. MIKULSKI, Mr. NELSON of Florida, Ms. STABENOW, 

Mr. JOHNSON, Mr. LEAHY, Mr. KENNEDY, Mr. FEINGOLD and Mr. SARBANES) 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 permit 

States the option to provide medicaid coverage for lowincome individuals infected with HIV. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Early Treatment for 

5 HIV Act of 2005’’. 
2 

•S 311 IS 

1 SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME 

2 HIV-INFECTED INDIVIDUALS. 

3 (a) IN GENERAL.—Section 1902 of the Social Secu4 rity Act (42 U.S.C. 1396a) is amended— 

5 (1) in subsection (a)(10)(A)(ii)— 

6 (A) by striking ‘‘or’’ at the end of sub7 clause (XVII); 

8 (B) by adding ‘‘or’’ at the end of subclause 

9 (XVIII); and 

10 (C) by adding at the end the following: 

11 ‘‘(XIX) who are described in sub12 section (cc) (relating to HIV-infected 

13 individuals);’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(cc) HIV-infected individuals described in this sub16 section are individuals not described in subsection 

17 (a)(10)(A)(i)— 

18 ‘‘(1) who have HIV infection; 

19 ‘‘(2) whose income (as determined under the 

20 State plan under this title with respect to disabled 

21 individuals) does not exceed the maximum amount 

22 of income a disabled individual described in sub23 section (a)(10)(A)(i) may have and obtain medical 

24 assistance under the plan; and 

25 ‘‘(3) whose resources (as determined under the 

26 State plan under this title with respect to disabled 
3 

•S 311 IS 

1 individuals) do not exceed the maximum amount of 

2 resources a disabled individual described in sub3 section (a)(10)(A)(i) may have and obtain medical 

4 assistance under the plan.’’. 

5 (b) ENHANCED MATCH.—The first sentence of sec6 tion 1905(b) of the Social Security Act (42 U.S.C. 

7 1396d(b)) is amended by striking ‘‘section 

8 1902(a)(10)(A)(ii)(XVIII)’’ and inserting ‘‘subclause 

9 (XVIII) or (XIX) of section 1902(a)(10)(A)(ii)’’. 

10 (c) CONFORMING AMENDMENTS.—Section 1905(a) of 

11 the Social Security Act (42 U.S.C. 1396d(a)) is amended 

12 in the matter preceding paragraph (1)— 

13 (1) by striking ‘‘or’’ at the end of clause (xii); 

14 (2) by adding ‘‘or’’ at the end of clause (xiii); 

15 and 

16 (3) by inserting after clause (xiii) the following: 

17 ‘‘(xiv) individuals described in section 

18 1902(cc);’’. 

19 (d) EXEMPTION FROM FUNDING LIMITATION FOR

20 TERRITORIES.—Section 1108(g) of the Social Security 

21 Act (42 U.S.C. 1308(g)) is amended by adding at the end 

22 the following: 

23 ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR

24 OPTIONAL LOW-INCOME HIV-INFECTED INDIVID25 UALS.—The limitations under subsection (f) and the 
4 

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1 previous provisions of this subsection shall not apply 

2 to amounts expended for medical assistance for indi3 viduals described in section 1902(cc) who are only 

4 eligible for such assistance on the basis of section 

5 1902(a)(10)(A)(ii)(XIX).’’. 

6 (e) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to calendar quarters beginning on 

8 or after the date of the enactment of this Act, without 

9 regard to whether or not final regulations to carry out 

10 such amendments have been promulgated by such date. 

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