I 

111TH CONGRESS 

1ST SESSION H. R. 1616 

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 HOUSE OF REPRESENTATIVES 

MARCH 19, 2009 

Mr. ENGEL (for himself, Ms. PELOSI, Ms. ROS-LEHTINEN, Mr. WAXMAN, Mr. 

UPTON, Mr. PALLONE, Mrs. BONO MACK, Mr. RANGEL, Mr. KIRK, Mr. 

STARK, Mr. PAUL, Mr. MARKEY of Massachusetts, Mr. FRELINGHUYSEN, 

Mr. GORDON of Tennessee, Mr. DENT, Mr. RUSH, Mr. KING of New 

York, Mr. GENE GREEN of Texas, Mr. LINCOLN DIAZ-BALART of Florida, Ms. DEGETTE, Mr. MARIO DIAZ-BALART of Florida, Mrs. CAPPS, 

Mr. CASTLE, Mr. DOYLE, Mr. SMITH of New Jersey, Ms. HARMAN, Mr. 

MCCOTTER, Ms. SCHAKOWSKY, Mr. MCHUGH, Mr. GONZALEZ, Mr. 

LANCE, Mr. INSLEE, Mr. LOBIONDO, Ms. BALDWIN, Mr. GARRETT of 

New Jersey, Mr. WEINER, Mrs. BIGGERT, Ms. MATSUI, Mr. EHLERS, 

Mrs. CHRISTENSEN, Mr. LATHAM, Mr. HINCHEY, Mrs. EMERSON, and 

Mr. SESSIONS) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 HIV Act of 2009’’. 

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

5 HIV-INFECTED INDIVIDUALS. 

6 (a) IN GENERAL.—Section 1902 of the Social Secu7 rity Act (42 U.S.C. 1396a) is amended— 

8 (1) in subsection (a)(10)(A)(ii)— 

9 (A) by striking ‘‘or’’ at the end of sub10 clause (XVIII); 

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

12 (XIX); and 

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

14 ‘‘(XX) who are described in subsection (dd) (re15 lating to HIV-infected individuals);’’; and 

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

17 ‘‘(dd) individuals described in this subsection are in18 dividuals not described in subsection (a)(10)(A)(i)— 

19 ‘‘(1) who have HIV infection; 

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

21 State plan under this title with respect to disabled 

22 individuals) does not exceed the maximum amount 

23 of income a disabled individual described in sub24 section (a)(10)(A)(i) may have and obtain medical 

25 assistance under the plan; and 


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

2 State plan under this title with respect to disabled 

3 individuals) do not exceed the maximum amount of 

4 resources a disabled individual described in sub5 section (a)(10)(A)(i) may have and obtain medical 

6 assistance under the plan.’’. 

7 (b) ENHANCED MATCH.—The first sentence of sec8 tion 1905(b) of the Social Security Act (42 U.S.C. 

9 1396d(b)) is amended by striking ‘‘section 

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

11 (XVIII) or (XX) of section 1902(a)(10)(A)(ii)’’. 

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

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

14 in the matter preceding paragraph (1)— 

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

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

17 and 

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

19 ‘‘(xiv) individuals described in section 

20 1902(dd);’’. 

21 (d) EXEMPTION FROM FUNDING LIMITATION FOR

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

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

24 the following: 


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1 ‘‘(4) DISREGARDING MEDICAL ASSISTANCE FOR

2 OPTIONAL LOW-INCOME HIV-INFECTED INDIVID3 UALS.—The limitations under subsection (f) and the 

4 previous provisions of this subsection shall not apply 

5 to amounts expended for medical assistance for indi6 viduals described in section 1902(dd) who are only 

7 eligible for such assistance on the basis of section 

8 1902(a)(10)(A)(ii)(XX).’’. 

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

10 this section shall apply to calendar quarters beginning on 

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

12 regard to whether or not final regulations to carry out 

13 such amendments have been promulgated by such date. 

Æ 


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