IB

Union Calendar No. 353

106TH CONGRESS

2D SESSION H. R. 1070

[Report No. 106–486, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1999

Mr. LAZIO (for himself, Ms. ESHOO, Ms. ROS-LEHTINEN, Mrs. CAPPS, Mrs.

MORELLA, Mrs. KELLY, Mr. BROWN of Ohio, Mr. GEORGE MILLER of

California, Mr. HORN, Mr. DIXON, Ms. PELOSI, Mr. LATOURETTE, Mr.

WAXMAN, Mr. SERRANO, Mr. GILMAN, Mr. MALONEY of Connecticut, Mr.

MEEHAN, Mr. WELDON of Pennsylvania, Mr. UNDERWOOD, Mr. SHOWS,

Mr. ABERCROMBIE, Mr. MCHUGH, Mr. ETHERIDGE, Mr. SANDERS, Mrs.

CLAYTON, Mr. WALSH, Mr. MCGOVERN, Mr. MCNULTY, Mr. FROST, Mr.

NEY, Mr. OLVER, Ms. MILLENDER-MCDONALD, Mr. CROWLEY, Mr.

SUNUNU, Mr. CLEMENT, Mr. STARK, Ms. CARSON, Mr. FOLEY, Mr.

COYNE, Mr. LANTOS, Mr. INSLEE, Mrs. WILSON, Mr. SHERMAN, Mr.

BALDACCI, Mr. BOEHLERT, Mr. LUTHER, Mr. HINOJOSA, Mr. DEFAZIO,

Mr. QUINN, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. WEYGAND,

Mr. FORBES, Mr. MEEKS of New York, Mr. NADLER, Mr. BARRETT of

Wisconsin, Ms. WOOLSEY, Mr. KUCINICH, Mr. KING, Ms. SLAUGHTER,

Mrs. TAUSCHER, Mr. BILBRAY, Mr. THOMPSON of Mississippi, Mr. HINCHEY, Mr. KLECZKA, Mr. PAYNE, Mr. WYNN, Mr. JEFFERSON, Mr.

SMITH of New Jersey, Mr. MASCARA, Mr. LOBIONDO, Mr. OBERSTAR,

Mr. LEACH, Mr. RUSH, Mr. MATSUI, Mr. DINGELL, Mrs. EMERSON, Mr.

FILNER, Mrs. MYRICK, and Ms. LOFGREN) introduced the following bill;

which was referred to the Committee on Commerce

NOVEMBER 22, 1999

Reported with amendments and referred to the Committee on Ways and

Means for a period ending not later than February 29, 2000, for consideration of such provisions of the bill and amendment as fall within the

jurisdiction of that committee pursuant to clause 1(s), rule X
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[Strike out all after the enacting clause and insert the part printed in italic]

FEBRUARY 29, 2000

Referral to the Committee on Ways and Means extended for a period ending

not later than March 2, 2000

MARCH 2, 2000

Referral to the Committee on Ways and Means extended for a period ending

not later than May 26, 2000

MAY 26, 2000

Additional sponsors: Mr. WEXLER, Mr. ALLEN, Mr. GREEN of Texas, Mr.

CUMMINGS, Mrs. THURMAN, Ms. BERKLEY, Ms. JACKSON-LEE of Texas,

Mr. MCINTYRE, Mrs. MCCARTHY of New York, Mr. CLAY, Mr. GARY

MILLER of California, Mr. DELAHUNT, Mr. LEWIS of Georgia, Mr.

MCDERMOTT, Mr. COOK, Mr. GIBBONS, Mr. MENENDEZ, Mrs. MEEK of

Florida, Ms. SCHAKOWSKY, Mr. DAVIS of Florida, Mr. FARR of California, Mr. DIAZ-BALART, Ms. DEGETTE, Mr. BERMAN, Mr.

BLAGOJEVICH, Ms. NORTON, Ms. SANCHEZ, Mr. WEINER, Mr. GONZALEZ, Mr. SANDLIN, Mr. MARTINEZ, Mr. BASS, Mr. CAPUANO, Mrs.

LOWEY, Mrs. MALONEY of New York, Mr. PHELPS, Mrs. NAPOLITANO,

Ms. EDDIE BERNICE JOHNSON of Texas, Ms. LEE, Ms. DELAURO, Mr.

BISHOP, Mrs. MINK of Hawaii, Mr. FRANK of Massachusetts, Mrs.

FOWLER, Mr. KENNEDY of Rhode Island, Mr. KIND, Mr. TIERNEY, Mr.

BENTSEN, Mr. WHITFIELD, Mr. WOLF, Mr. JACKSON of Illinois, Ms.

KAPTUR, Ms. MCKINNEY, Mr. CONDIT, Ms. RIVERS, Ms. WATERS, Ms.

KILPATRICK, Mr. PETERSON of Pennsylvania, Mr. MOAKLEY, Mr.

LARSON, Mr. GOODLING, Mr. HYDE, Mr. BRADY of Pennsylvania, Mr.

TOWNS, Mr. POMEROY, Mr. ROEMER, Mr. EDWARDS, Mr. SKELTON, Ms.

BALDWIN, Ms. DANNER, Mr. BAKER, Mr. UPTON, Mr. METCALF, Mr.

BARTON of Texas, Mr. PASTOR, Mr. CASTLE, Mrs. BONO, Mrs. JOHNSON

of Connecticut, Mr. SHAYS, Mr. PALLONE, Mr. KLINK, Mr. STUPAK, Mr.

SNYDER, Mr. BOSWELL, Mr. BECERRA, Mr. VENTO, Ms. PRYCE of Ohio,

Mr. WATTS of Oklahoma, Mr. LAHOOD, Mr. HOUGHTON, Mrs. ROUKEMA, Mr. BILIRAKIS, Mr. BAIRD, Mr. MURTHA, Mrs. BIGGERT, Mr.

CAMP, Mr. RAMSTAD, Mr. BERRY, Mr. MARKEY, Mr. KUYKENDALL, Mr.

RODRIGUEZ, Mr. PASCRELL, Mr. ACKERMAN, Mr. BROWN of California,

Ms. VELA ́

ZQUEZ, Mr. BURR of North Carolina, Mr. ENGEL, Mr. BOUCHER, Mr. THOMPSON of California, Mr. DEUTSCH, Mr. GORDON, Mr.

SAWYER, Ms. ROYBAL-ALLARD, Ms. MCCARTHY of Missouri, Mr.

STRICKLAND, Mr. BARCIA, Mr. HALL of Texas, Mr. COSTELLO, Mr.

GUTIERREZ, Mr. HILLIARD, Mr. HOEFFEL, Mrs. JONES of Ohio, Mr.

BONIOR, Mr. EHRLICH, Ms. BROWN of Florida, Ms. STABENOW, Mrs.

CHRISTENSEN, Mr. DAVIS of Illinois, Mr. GILCHREST, Mr. BURTON of

Indiana, Mr. HAYWORTH, Mr. RAHALL, Mr. FORD, Mr. GEJDENSON, Ms.

HOOLEY of Oregon, Mr. NEAL of Massachusetts, Mr. OWENS, Mr.

SWEENEY, Mr. OSE, Mr. LUCAS of Kentucky, Mr. PORTMAN, Ms. DUNN,

Mr. UDALL of New Mexico, Mr. BLUMENAUER, Mr. LAFALCE, Mr.

MORAN of Virginia, Mr. NORWOOD, Mr. PICKERING, Mr. BORSKI, Mr.

CLYBURN, Mr. MINGE, Mr. WATT of North Carolina, Mr. SMITH of

Washington, Mr. GILLMOR, Mr. NUSSLE, Mr. LIPINSKI, Mr. DEAL of
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Georgia, Mr. UDALL of Colorado, Mr. WICKER, Mr. CUNNINGHAM, Mr.

SALMON, Mr. ANDREWS, Mr. CARDIN, Mr. DICKS, Mr. SHAW, Mr.

LAMPSON, Mr. BONILLA, Mr. BARRETT of Nebraska, Mr. SIMPSON, Mr.

JENKINS, Mr. COOKSEY, Mr. HEFLEY, Mr. ENGLISH, Mr. SAXTON, Mr.

PETRI, Mr. GANSKE, Mr. BACHUS, Mr. HASTINGS of Florida, Mr.

FRANKS of New Jersey, Mr. WELLER, Mr. WU, Mr. BARTLETT of Maryland, Mr. TALENT, Mr. SHADEGG, Mr. GALLEGLY, Mr. CANADY of Florida, Mr. KOLBE, Mr. VITTER, Mr. KILDEE, Mr. TERRY, Mr. BEREUTER,

Mr. CONYERS, Mr. COBURN, Mr. TANCREDO, Mr. EVANS, Mr. FLETCHER, Mr. DOYLE, Mr. LEVIN, Mr. HALL of Ohio, Mr. RILEY, Mr. PORTER,

Mr. HOLDEN, Mr. GOODE, Mr. CRAMER, Mr. SCOTT, Mr. TRAFICANT,

Mr. PICKETT, Mr. TURNER, Mr. STENHOLM, Mr. SCHAFFER, Mr.

ISAKSON, Mr. TANNER, Mr. VISCLOSKY, Mr. REYES, Mr. EWING, Mr.

HOLT, Mr. SISISKY, Mr. MOORE, Mr. DOOLEY of California, Mr. ORTIZ,

Mr. GREEN of Wisconsin, Mr. SHIMKUS, Mr. SMITH of Texas, Mr.

MCCRERY, Mr. HILLEARY, Mr. PACKARD, Mr. REYNOLDS, Mr. MOLLOHAN, Mr. BACA, Mr. BOYD, Mr. RYAN of Wisconsin, Mr. GUTKNECHT,

Mr. WAMP, Mr. LATHAM, Mr. PETERSON of Minnesota, Mr. MANZULLO,

Mr. MCINNIS, and Mr. PEASE

MAY 26, 2000

Committee on Ways and Means discharged; committed to the Committee of

the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 11, 1999]

A BILL

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.

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 ‘‘Breast and Cervical

5 Cancer Prevention and Treatment Act of 1999’’.
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1 SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN

2 BREAST OR CERVICAL CANCER PATIENTS.

3 (a) COVERAGE AS OPTIONAL CATEGORICALLY NEEDY

4 GROUP.—

5 (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of

6 the Social Security Act (42 U.S.C.

7 1396a(a)(10)(A)(ii)) is amended—

8 (A) in subclause (XIII), by striking ‘‘or’’ at

9 the end;

10 (B) in subclause (XIV), by adding ‘‘or’’ at

11 the end; and

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

13 ‘‘(XV) who are described in sub14 section (aa) (relating to certain breast

15 or cervical cancer patients);’’.

16 (2) GROUP DESCRIBED.—Section 1902 of the So17 cial Security Act (42 U.S.C. 1396a) is amended by

18 adding at the end the following:

19 ‘‘(aa) Individuals described in this paragraph are in20 dividuals who—

21 ‘‘(1) are not described in subsection

22 (a)(10)(A)(i);

23 ‘‘(2) have not attained age 65;

24 ‘‘(3) have been screened for breast and cervical

25 cancer under the Centers for Disease Control and Pre26 vention breast and cervical cancer early detection
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1 program established under title XV of the Public

2 Health Service Act (42 U.S.C. 300k et seq.) in accord3 ance with the requirements of section 1504 of that Act

4 (42 U.S.C. 300n) and need treatment for breast or

5 cervical cancer; and

6 ‘‘(4) are not otherwise covered under creditable

7 coverage, as defined in section 2701(c) of the Public

8 Health Service Act (45 U.S.C. 300gg(c)).’’.

9 (3) LIMITATION ON BENEFITS.—Section

10 1902(a)(10) of the Social Security Act (42 U.S.C.

11 1396a(a)(10)) is amended in the matter following

12 subparagraph (F)—

13 (A) by striking ‘‘and (XIII)’’ and inserting

14 ‘‘(XIII)’’; and

15 (B) by inserting ‘‘, and (XIV) the medical

16 assistance made available to an individual de17 scribed in subsection (aa) who is eligible for

18 medical assistance only because of subparagraph

19 (A)(10)(ii)(XV) shall be limited to medical as20 sistance provided during the period in which

21 such an individual requires treatment for breast

22 or cervical cancer’’ before the semicolon.

23 (4) CONFORMING AMENDMENTS.—Section

24 1905(a) of the Social Security Act (42 U.S.C.
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1 1396d(a)) is amended in the matter preceding para2 graph (1)—

3 (A) in clause (x), by striking ‘‘or’’ at the

4 end;

5 (B) in clause (xi), by adding ‘‘or’’ at the

6 end; and

7 (C) by inserting after clause (xi) the fol8 lowing:

9 ‘‘(xii) individuals described in section

10 1902(aa),’’.

11 (b) PRESUMPTIVE ELIGIBILITY.—

12 (1) IN GENERAL.—Title XIX of the Social Secu13 rity Act (42 U.S.C. 1396 et seq.) is amended by in14 serting after section 1920A the following:

15 ‘‘PRESUMPTIVE ELIGIBILITY FOR CERTAIN BREAST OR

16 CERVICAL CANCER PATIENTS

17 ‘‘SEC. 1920B. (a) STATE OPTION.—A State plan ap18 proved under section 1902 may provide for making medical

19 assistance available to an individual described in section

20 1902(aa) (relating to certain breast or cervical cancer pa21 tients) during a presumptive eligibility period.

22 ‘‘(b) DEFINITIONS.—For purposes of this section:

23 ‘‘(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The

24 term ‘presumptive eligibility period’ means, with re25 spect to an individual described in subsection (a), the

26 period that—
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1 ‘‘(A) begins with the date on which a quali2 fied entity determines, on the basis of prelimi3 nary information, that the individual is de4 scribed in section 1902(aa); and

5 ‘‘(B) ends with (and includes) the earlier

6 of—

7 ‘‘(i) the day on which a determination

8 is made with respect to the eligibility of

9 such individual for services under the State

10 plan; or

11 ‘‘(ii) in the case of such an individual

12 who does not file an application by the last

13 day of the month following the month dur14 ing which the entity makes the determina15 tion referred to in subparagraph (A), such

16 last day.

17 ‘‘(2) QUALIFIED ENTITY.—

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), the term ‘qualified entity’ means any

20 entity that—

21 ‘‘(i) is eligible for payments under a

22 State plan approved under this title; and

23 ‘‘(ii) is determined by the State agency

24 to be capable of making determinations of

25 the type described in paragraph (1)(A).
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1 ‘‘(B) REGULATIONS.—The Secretary may

2 issue regulations further limiting those entities

3 that may become qualified entities in order to

4 prevent fraud and abuse and for other reasons.

5 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in

6 this paragraph shall be construed as preventing

7 a State from limiting the classes of entities that

8 may become qualified entities, consistent with

9 any limitations imposed under subparagraph

10 (B).

11 ‘‘(c) ADMINISTRATION.—

12 ‘‘(1) IN GENERAL.—The State agency shall pro13 vide qualified entities with—

14 ‘‘(A) such forms as are necessary for an ap15 plication to be made by an individual described

16 in subsection (a) for medical assistance under

17 the State plan; and

18 ‘‘(B) information on how to assist such in19 dividuals in completing and filing such forms.

20 ‘‘(2) NOTIFICATION REQUIREMENTS.—A quali21 fied entity that determines under subsection (b)(1)(A)

22 that an individual described in subsection (a) is pre23 sumptively eligible for medical assistance under a

24 State plan shall—
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1 ‘‘(A) notify the State agency of the deter2 mination within 5 working days after the date

3 on which determination is made; and

4 ‘‘(B) inform such individual at the time the

5 determination is made that an application for

6 medical assistance under the State plan is re7 quired to be made by not later than the last day

8 of the month following the month during which

9 the determination is made.

10 ‘‘(3) APPLICATION FOR MEDICAL ASSISTANCE.—

11 In the case of an individual described in subsection

12 (a) who is determined by a qualified entity to be pre13 sumptively eligible for medical assistance under a

14 State plan, the individual shall apply for medical as15 sistance under such plan by not later than the last

16 day of the month following the month during which

17 the determination is made.

18 ‘‘(d) PAYMENT.—Notwithstanding any other provision

19 of this title, medical assistance that—

20 ‘‘(1) is furnished to an individual described in

21 subsection (a)—

22 ‘‘(A) during a presumptive eligibility pe23 riod;

24 ‘‘(B) by a entity that is eligible for pay25 ments under the State plan; and
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1 ‘‘(2) is included in the care and services covered

2 by the State plan;

3 shall be treated as medical assistance provided by such plan

4 for purposes of section 1903.’’.

5 (2) CONFORMING AMENDMENTS.—

6 (A) Section 1902(a)(47) of the Social Secu7 rity Act (42 U.S.C. 1396a(a)(47)) is amended by

8 inserting before the semicolon at the end the fol9 lowing: ‘‘and provide for making medical assist10 ance available to individuals described in sub11 section (a) of section 1920B during a presump12 tive eligibility period in accordance with such

13 section’’.

14 (B) Section 1903(u)(1)(D)(v) of such Act

15 (42 U.S.C. 1396b(u)(1)(D)(v)) is amended—

16 (i) by striking ‘‘or for’’ and inserting

17 ‘‘, for’’; and

18 (ii) by inserting before the period the

19 following: ‘‘, or for medical assistance pro20 vided to an individual described in sub21 section (a) of section 1920B during a pre22 sumptive eligibility period under such sec23 tion’’.
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1 (c) ENHANCED MATCH.—The first sentence of section

2 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is

3 amended—

4 (1) by striking ‘‘,, (2)’’ and inserting ‘‘, (2)’’;

5 (2) by striking ‘‘and’’ before ‘‘(3)’’; and

6 (3) by inserting before the period at the end the

7 following: ‘‘, and (4) in the case of a State for which

8 the Federal medical assistance percentage is otherwise

9 less than 75 percent, it shall be equal to 75 percent

10 with respect to medical assistance provided to indi11 viduals who are eligible for such assistance only on

12 the basis of section 1902(a)(10)(A)(ii)(XV)’’.

13 (d) EFFECTIVE DATE.—The amendments made by this

14 section apply to medical assistance for items and services

15 furnished on or after October 1, 2000, without regard to

16 whether final regulations to carry out such amendments

17 have been promulgated by such date.

18 SEC. 3. HUMAN PAPILLOMAVIRUS; ACTIVITIES OF CENTERS

19 FOR DISEASE CONTROL AND PREVENTION.

20 Part B of title III of the Public Health Service Act

21 (42 U.S.C. 243 et seq.) is amended by inserting after section

22 317G the following section:

23 ‘‘HUMAN PAPILLOMAVIRUS

24 ‘‘SEC. 317H. (a) SURVEILLANCE.—
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1 ‘‘(1) IN GENERAL.—The Secretary, acting

2 through the Director of the Centers for Disease Con3 trol and Prevention, shall—

4 ‘‘(A) enter into cooperative agreements with

5 States and other entities to conduct sentinel sur6 veillance or other special studies that would de7 termine the prevalence in various age groups

8 and populations of specific types of human

9 papillomavirus (referred to in this section as

10 ‘HPV’) in different sites in various regions of the

11 United States, through collection of special speci12 mens for HPV using a variety of laboratory13 based testing and diagnostic tools; and

14 ‘‘(B) develop and analyze data from the

15 HPV sentinel surveillance system described in

16 subparagraph (A).

17 ‘‘(2) REPORT.—The Secretary shall make a

18 progress report to the Congress with respect to para19 graph (1) not later than one year after the effective

20 date of this section.

21 ‘‘(b) PREVENTION ACTIVITIES; EDUCATION PRO22 GRAM.—

23 ‘‘(1) IN GENERAL.—The Secretary, acting

24 through the Director of the Centers for Disease Con-
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1 trol and Prevention, shall conduct prevention research

2 on HPV, including—

3 ‘‘(A) behavioral and other research on the

4 impact of HPV-related diagnoses on individuals;

5 ‘‘(B) formative research to assist with the

6 development of educational messages and infor7 mation for the public, for patients, and for their

8 partners about HPV;

9 ‘‘(C) surveys of physician and public knowl10 edge, attitudes, and practices about genital HPV

11 infection; and

12 ‘‘(D) upon the completion of and based on

13 the findings under subparagraphs (A) through

14 (C), develop and disseminate educational mate15 rials for the public and health care providers re16 garding HPV and its impact and prevention.

17 ‘‘(2) REPORT; FINAL PROPOSAL.—The Secretary

18 shall make a progress report to the Congress with re19 spect to paragraph (1) not later than one year after

20 the effective date of this section, and shall develop a

21 final proposal not later than two years after such ef22 fective date, including a detailed summary of the sig23 nificant findings and problems. The report shall out24 line the further steps needed to make HPV a report-
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1 able disease and the best strategies to prevent future

2 infections.

3 ‘‘(c) CONDOM EFFECTIVENESS; EDUCATION.—The Sec4 retary shall require that the Department of Health and

5 Human Services and all contractors, grantees, and sub6 grantees of such Department specifically state the effective7 ness or lack of effectiveness of condoms in preventing the

8 transmission of HPV, herpes, and other sexually trans9 mitted diseases in all informational materials related to

10 condoms or sexually transmitted diseases that are made

11 available to the public. The Secretary shall assure that such

12 information is made available to relevant operating divi13 sions and offices of the Department of Health and Human

14 Services. This subsection shall be effective within 6 months

15 of the date of its enactment.’’.

16 SEC. 4. LABELING OF CONDOMS WITH RESPECT TO HUMAN

17 PAPILLOMAVIRUS.

18 (a) IN GENERAL.—Section 502 of the Federal Food,

19 Drug, and Cosmetic Act (21 U.S.C. 352) is amended by

20 adding at the end the following:

21 ‘‘(u) If it is a condom, unless its label and labeling

22 bear information providing that condoms do not effectively

23 prevent the transmission of the human papillomavirus and

24 that such virus can cause cervical cancer.’’.
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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) applies to condoms manufactured on or after

3 the expiration of the 180-day period beginning on the date

4 of the enactment of this Act.

5 SEC. 5. MENTAL HEALTH PARTIAL HOSPITALIZATION SERV6 ICES.

7 (a) LIMITATION ON LOCATION OF PROVISION OF SERV8 ICES.—

9 (1) IN GENERAL.—Section 1861(ff)(2) of the So10 cial Security Act (42 U.S.C. 1395x(ff)(2)) is amended

11 in the matter following subparagraph (I)—

12 (A) by striking ‘‘and furnished’’ and insert13 ing ‘‘furnished’’; and

14 (B) by inserting before the period the fol15 lowing: ‘‘, and furnished other than in a skilled

16 nursing facility, residential treatment facility or

17 other residential setting (as determined by the

18 Secretary)’’.

19 (2) EFFECTIVE DATE.—The amendments made

20 by paragraph (1) apply with respect to partial hos21 pitalization services furnished on or after the first

22 day of the third month beginning after the date of the

23 enactment of this Act.

24 (b) QUALIFICATIONS FOR COMMUNITY MENTAL

25 HEALTH CENTERS.—
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1 (1) IN GENERAL.—Section 1861(ff)(3)(B) of such

2 Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by strik3 ing ‘‘entity’’ and all that follows and inserting the

4 following: ‘‘entity that—

5 ‘‘(i)(I) provides the mental health services de6 scribed in section 1913(c)(1) of the Public Health

7 Service Act; or

8 ‘‘(II) in the case of an entity operating in a

9 State that by law precludes the entity from providing

10 a service described in such section itself, provides for

11 such service by contract with an approved organiza12 tion or entity (as determined by the Secretary);

13 ‘‘(ii) meets applicable licensing or certification

14 requirements for community mental health centers in

15 the State in which it is located; and

16 ‘‘(iii) meets such additional conditions as the

17 Secretary shall specify to ensure (I) the health and

18 safety of individuals being furnished such services,

19 (II) the effective and efficient furnishing of such serv20 ices, and (III) the compliance of such entity with the

21 criteria described in such section.’’.

22 (2) CLARIFICATION OF CRITERIA FOR COMMU23 NITY MENTAL HEALTH CENTERS.—Section

24 1913(c)(1)(E) of the Public Health Service Act (42
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1 U.S.C. 300x–3(c)(1)(E)) is amended to read as fol2 lows:

3 ‘‘(E) Determining the clinical appropriate4 ness of admissions to inpatient psychiatric hos5 pitals by engaging a full-time mental health pro6 fessional who is licensed or certified to make such

7 a determination by the State involved.’’.

8 (3) EFFECTIVE DATE.—The amendments made

9 by this subsection apply with respect to community

10 mental health centers furnishing services under the

11 medicare program on or after the first day of the

12 third month beginning after the date of the enactment

13 of this Act.

14 (c) REFINEMENT OF PERIODICITY OF REVIEW OF

15 PLAN FOR PARTIAL HOSPITALIZATION SERVICES.—

16 (1) IN GENERAL.—Section 1835(a)(2)(F)(ii) of

17 the Social Security Act (42 U.S.C.

18 1395n(a)(2)(F)(ii)) is amended by inserting ‘‘at a

19 reasonable rate (as determined by the Secretary)’’

20 after ‘‘is reviewed periodically’’.

21 (2) EFFECTIVE DATE.—The amendment made by

22 paragraph (1) applies with respect to plans of care

23 for furnishing partial hospitalization services estab24 lished on or after the first day of the third month be25 ginning after the date of the enactment of this Act.
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1 (d) RECERTIFICATION OF PROVIDERS OF PARTIAL

2 HOSPITALIZATION SERVICES.—

3 (1) IN GENERAL.—With respect to each commu4 nity mental health center that furnishes partial hos5 pitalization services for which payment is made

6 under title XVIII of the Social Security Act, the Sec7 retary of Health and Human Services shall provide

8 for periodic recertification to ensure that the provi9 sion of such services complies with applicable require10 ments of such title.

11 (2) DEADLINE FOR FIRST RECERTIFICATION.—

12 The first recertification under subsection (a) shall be

13 completed not later than one year after the date of the

14 enactment of this Act.

15 (e) GUIDELINES FOR ITEMS AND SERVICES COM16 PRISING PARTIAL HOSPITALIZATION SERVICES.—Not later

17 than one year after the date of the enactment of this Act,

18 the Secretary shall promulgate regulations using a nego19 tiated rulemaking process under subchapter III of chapter

20 5 of title 5, United States Code, for national coverage poli21 cies for partial hospitalization services furnished under title

22 XVIII of the Social Security Act, including for periodicity

23 of review under section 503 of this title.
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1 SEC. 6. SENSE OF COMMITTEE ON COMMERCE TO FULLY

2 PAY FOR ADDITIONAL EXPENDITURES BE3 FORE PASSAGE BY THE HOUSE OF REP4 RESENTATIVES.

5 It is the sense of the Committee on Commerce of the

6 House of Representatives that the additional net expendi7 tures resulting from the enactment of this bill, as reported

8 by the Committee, should be fully offset in an appropriate

9 manner before the bill is passed by the House of

10 Representatives.

Amend the title so as to read: ‘‘A bill 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.’’.
Union Calendar No. 353

106TH CONGRESS

2D SESSION H. R. 1070

[Report No. 106–486, Part I]

A BILL

To amend title XIX of the Social Security Act to

provide medical assistance for certain womenscreened and found to have breast or cervicalcancer under a federally funded screening program.

MAY 26, 2000

Committee on Ways and Means discharged; committed to

the Committee of the Whole House on the State of theUnion and ordered to be printed