II

107TH CONGRESS

1ST SESSION S. 1343

To amend title XIX of the Social Security Act to provide States with options

for providing family planning services and supplies to individuals eligible

for medical assistance under the medicaid program.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. CHAFEE (for himself, Mrs. FEINSTEIN, Ms. SNOWE, Mr. SCHUMER, Ms.

COLLINS, Mr. BINGAMAN, Mr. SPECTER, Mrs. CLINTON, Mr. JEFFORDS,

Mr. GRAHAM, Mr. HARKIN, and Mr. CORZINE) 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 provide

States with options for providing family planning services

and supplies to individuals eligible for medical assistance

under the medicaid program.

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 ‘‘Family Planning State

5 Empowerment Act of 2001’’.
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1 SEC. 2. STATE OPTION TO PROVIDE FAMILY PLANNING

2 SERVICES AND SUPPLIES TO INDIVIDUALS

3 WITH INCOMES THAT DO NOT EXCEED A

4 STATE’S INCOME ELIGIBILITY LEVEL FOR

5 MEDICAL ASSISTANCE.

6 (a) IN GENERAL.—Title XIX of the Social Security

7 Act (42 U.S.C. 1396 et seq.) is amended—

8 (1) by redesignating section 1935 as section

9 1936; and

10 (2) by inserting after section 1934 the fol11 lowing:

12 ‘‘STATE OPTION TO PROVIDE FAMILY PLANNING

13 SERVICES AND SUPPLIES

14 ‘‘SEC. 1935. (a) IN GENERAL.—Subject to sub15 sections (b) and (c), a State may elect (through a State

16 plan amendment) to make medical assistance described in

17 section 1905(a)(4)(C) available to any individual whose

18 family income does not exceed the greater of—

19 ‘‘(1) 185 percent of the income official poverty

20 line (as defined by the Office of Management and

21 Budget, and revised annually in accordance with sec22 tion 673(2) of the Omnibus Budget Reconciliation

23 Act of 1981) applicable to a family of the size in24 volved; or

25 ‘‘(2) the eligibility income level (expressed as a

26 percent of such poverty line) that has been specified
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1 under a waiver authorized by the Secretary or under

2 section 1902(r)(2)), as of October 1, 2001, for an

3 individual to be eligible for medical assistance under

4 the State plan.

5 ‘‘(b) COMPARABILITY.—Medical assistance described

6 in section 1905(a)(4)(C) that is made available under a

7 State plan amendment under subsection (a) shall—

8 ‘‘(1) not be less in amount, duration, or scope

9 than the medical assistance described in that section

10 that is made available to any other individual under

11 the State plan; and

12 ‘‘(2) be provided in accordance with the restric13 tions on deductions, cost sharing, or similar charges

14 imposed under section 1916(a)(2)(D).

15 ‘‘(c) OPTION TO EXTEND COVERAGE DURING A

16 POST-ELIGIBILITY PERIOD.—

17 ‘‘(1) INITIAL PERIOD.—A State plan amend18 ment made under subsection (a) may provide that

19 any individual who was receiving medical assistance

20 described in section 1905(a)(4)(C) as a result of

21 such amendment, and who becomes ineligible for

22 such assistance because of hours of, or income from,

23 employment, may remain eligible for such medical

24 assistance through the end of the 6-month period
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1 that begins on the first day the individual becomes

2 so ineligible.

3 ‘‘(2) ADDITIONAL EXTENSION.—A State plan

4 amendment made under subsection (a) may provide

5 that any individual who has received medical assist6 ance described in section 1905(a)(4)(C) during the

7 entire 6-month period described in paragraph (1)

8 may be extended coverage for such assistance for a

9 succeeding 6-month period.’’.

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

11 subsection (a) apply to medical assistance provided on and

12 after October 1, 2001.

13 SEC. 3. STATE OPTION TO EXTEND THE POSTPARTUM PE14 RIOD FOR PROVISION OF FAMILY PLANNING

15 SERVICES AND SUPPLIES.

16 (a) IN GENERAL.—Section 1902(e)(5) of the Social

17 Security Act (42 U.S.C. 1396a(e)(5)) is amended—

18 (1) by striking ‘‘eligible under the plan, as

19 though’’ and inserting ‘‘eligible under the plan—

20 ‘‘(A) as though’’;

21 (2) by striking the period and inserting ‘‘;

22 and’’; and

23 (3) by adding at the end the following:

24 ‘‘(B) for medical assistance described in section

25 1905(a)(4)(C) for so long as the family income of
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1 such woman does not exceed the maximum income

2 level established by the State for the woman to be

3 eligible for medical assistance under the State plan

4 (as a result of pregnancy or otherwise).’’.

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

6 subsection (a) apply to medical assistance provided on and

7 after October 1, 2001.

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