I 

111TH CONGRESS 

1ST SESSION H. R. 2496 

To amend title XXI of the Social Security Act to improve access to the 

children’s health insurance program (CHIP) by providing exemptions 

to CHIP eligibility waiting period requirements. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2009 

Mr. PATRICK J. MURPHY of Pennsylvania (for himself and Mr. TIM MURPHY

of Pennsylvania) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XXI of the Social Security Act to improve 

access to the children’s health insurance program 

(CHIP) by providing exemptions to CHIP eligibility waiting period requirements. 

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 ‘‘Children’s Health In5 surance Accessibility Act of 2009’’. 


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1 SEC. 2. PREVENTING THE APPLICATION UNDER CHIP OF 

2 COVERAGE WAITING PERIODS TO CHILDREN 

3 WHO LOSE HEALTH INSURANCE COVERAGE, 

4 WHO ARE UNDER 2 YEARS OF AGE, OR FOR 

5 WHOM HEALTH INSURANCE COVERAGE IS 

6 UNAFFORDABLE. 

7 (a) IN GENERAL.—Section 2102(b)(1) of the Social 

8 Security Act (42 U.S.C. 1397bb(b)(1)) is amended— 

9 (1) in subparagraph (B)— 

10 (A) in clause (iii), by striking ‘‘and’’ at the 

11 end; 

12 (B) in clause (iv), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 clause: 

16 ‘‘(v) may not apply a waiting period 

17 (including a waiting period to carry out 

18 paragraph (3)(C)) in the case of a child 

19 described in subparagraph (C).’’; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(C) DESCRIPTION OF CHILDREN NOT

23 SUBJECT TO WAITING PERIOD.—For purposes 

24 of this paragraph, a child described in this sub25 paragraph is a child who, on the date an appli26 cation is submitted for such child for child 


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1 health assistance under this title, meets any of 

2 the following requirements: 

3 ‘‘(i) INFANTS AND TODDLERS.—The 

4 child is under two years of age. 

5 ‘‘(ii) LOSS OF GROUP HEALTH PLAN

6 COVERAGE.—The child previously had pri7 vate health insurance coverage through a 

8 group health plan or health insurance cov9 erage offered through an employer and lost 

10 such coverage due to— 

11 ‘‘(I) termination of an individ12 ual’s employment; 

13 ‘‘(II) a reduction in hours that 

14 an individual works for an employer; 

15 ‘‘(III) elimination of an individ16 ual’s retiree health benefits; or 

17 ‘‘(IV) termination of an individ18 ual’s group health plan or health in19 surance coverage offered through an 

20 employer. 

21 ‘‘(iii) UNAFFORDABLE PRIVATE COV22 ERAGE.— 

23 ‘‘(I) IN GENERAL.—The family of 

24 the child demonstrates that the cost 

25 of health insurance coverage (includVerDate Nov 24 2008 06:45 May 21, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2496.IH H2496

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1 ing the cost of premiums, co-pay2 ments, deductibles, and other cost 

3 sharing) for such family exceeds 10 

4 percent of the income of such family. 

5 ‘‘(II) DETERMINATION OF FAM6 ILY INCOME.—For purposes of sub7 clause (I), family income shall be de8 termined in the same manner speci9 fied by the State for purposes of de10 termining a child’s eligibility for child 

11 health assistance under this title.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect as of the date that is 90 days 

14 after the date of the enactment of this Act. 

Æ 


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