II

106TH CONGRESS

1ST SESSION S. 902

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

APRIL 28, 1999

Mr. TORRICELLI (for himself, Mr. KERRY, Mrs. MURRAY, and Mrs. BOXER)

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 1999’’.

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

7 HIV-INFECTED INDIVIDUALS.

8 (a) IN GENERAL.—Section 1902 of the Social Secu9 rity Act (42 U.S.C. 1396a) is amended—
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1 (1) in subsection (a)(10)(A)(ii)—

2 (A) by striking ‘‘or’’ at the end of sub3 clause (XIII);

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

5 (XIV); and

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

7 ‘‘(XV) who are described in sub8 section (aa) (relating to HIV-infected

9 individuals);’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(aa) HIV-infected individuals described in this sub13 section are individuals not described in subsection

14 (a)(10)(A)(i)—

15 ‘‘(1) who have HIV infection;

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

17 State plan under this title with respect to disabled

18 individuals) does not exceed the maximum amount

19 of income a disabled individual described in sub20 section (a)(10)(A)(i) may have and obtain medical

21 assistance under the plan; and

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

23 State plan under this title with respect to disabled

24 individuals) do not exceed the maximum amount of

25 resources a disabled individual described in sub-
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1 section (a)(10)(A)(i) may have and obtain medical

2 assistance under the plan.’’.

3 (b) CONFORMING AMENDMENTS.—Section 1905(a)

4 of the Social Security Act (42 U.S.C. 1396d(a)) is amend5 ed, in the matter preceding paragraph (1)—

6 (1) by striking ‘‘or’’ at the end of clause (x);

7 (2) by adding ‘‘or’’ at the end of clause (xi);

8 and

9 (3) by inserting after clause (xii) the following:

10 ‘‘(xii) individuals described in section

11 1902(aa);’’.

12 (c) EXEMPTION FROM FUNDING LIMITATION FOR

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

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

15 the following:

16 ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR

17 OPTIONAL LOW-INCOME HIV-INFECTED INDIVID18 UALS.—The limitations under subsection (f) and the

19 previous provisions of this subsection shall not apply

20 to amounts expended for medical assistance for indi21 viduals described in section 1902(aa) who are only

22 eligible for such assistance on the basis of section

23 1902(a)(10)(A)(ii)(XV).’’.

24 (d) EFFECTIVE DATE.—The amendments made by

25 this section shall apply to calendar quarters beginning on
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1 or after the date of the enactment of this Act, without

2 regard to whether or not final regulations to carry out

3 such amendments have been promulgated by such date.

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