I 

111TH CONGRESS 

1ST SESSION H. R. 4383 

To amend the Public Health Service Act and title XIX of the Social Security 

Act to provide for a screening and treatment program for prostate 

cancer in the same manner as is provided for breast and cervical cancer. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. MARSHALL (for himself, Mr. ACKERMAN, Mr. ARCURI, Mr. BISHOP of 

New York, Ms. CLARKE, Mr. CROWLEY, Mr. ENGEL, Mr. HALL of New 

York, Mr. HIGGINS, Mr. HINCHEY, Mr. ISRAEL, Mr. KING of New York, 

Mr. LEE of New York, Mrs. LOWEY, Mr. MAFFEI, Mr. MASSA, Mrs. 

MCCARTHY of New York, Mr. MCMAHON, Mrs. MALONEY, Mr. MEEKS

of New York, Mr. MURPHY of New York, Mr. NADLER of New York, Mr. 

OWENS, Mr. RANGEL, Mr. SERRANO, Ms. SLAUGHTER, Mr. TONKO, Mr. 

TOWNS, Ms. VELA ́ZQUEZ, and Mr. WEINER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act and title XIX 

of the Social Security Act to provide for a screening 

and treatment program for prostate cancer in the same 

manner as is provided for breast and cervical cancer. 

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 ‘‘Thomas J. Manton 

3 Prostate Cancer Early Detection and Treatment Act of 

4 2009’’. 

5 SEC. 2. PROSTATE CANCER SCREENING PROGRAM. 

6 (a) IN GENERAL.—Title XV of the Public Health 

7 Service Act (42 U.S.C. 300k et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘Subtitle 2—Prostate Cancer 

10 ‘‘SEC. 1521. PROSTATE CANCER. 

11 ‘‘(a) GRANTS TO STATES FOR PROGRAMS TO SCREEN

12 FOR PROSTATE CANCER.—The Secretary, acting through 

13 the Director of the Centers for Disease Control and Pre14 vention, may make grants to States to carry out programs 

15 with respect to prostate cancer. The provisions of sections 

16 1501 through 1508 (regarding breast and cervical cancer) 

17 shall apply to grants under this subsection to the same 

18 extent and in the same manner as such provisions apply 

19 to grants under section 1501. 

20 ‘‘(b) SUPPLEMENTAL GRANTS FOR ADDITIONAL

21 PREVENTIVE HEALTH SERVICES.—In the case of States 

22 receiving grants under subsection (a), the Secretary, act23 ing through the Director of the Centers for Disease Con24 trol and Prevention, may make grants to not more than 

25 3 such States to carry out demonstration projects with 

26 respect to prostate cancer. The provisions of section 1509 


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1 (regarding breast and cervical cancer), other than section 

2 1509(d), shall apply to grants under this subsection to the 

3 same extent and in the same manner as such provisions 

4 apply to grants under section 1509. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary in each fiscal year to carry out this section.’’. 

8 (b) TECHNICAL AMENDMENTS.—Title XV of the 

9 Public Health Service Act (42 U.S.C. 300k et seq.) is 

10 amended— 

11 (1) in the heading of the title, by striking 

12 ‘‘BREAST AND CERVICAL CANCERS’’ and 

13 inserting ‘‘BREAST, CERVICAL, AND 

14 PROSTATE CANCERS’’; 

15 (2) by inserting before section 1501 the fol16 lowing: 

17 ‘‘Subtitle 1—Breast and Cervical 

18 Cancers’’; 

19 (3) in sections 1504(c)(3)(A) and 1509(c), by 

20 striking the term ‘‘This title’’ each place such term 

21 appears and inserting ‘‘This subtitle’’; 

22 (4) in sections 1504(c)(3)(A) and 1509(c), by 

23 striking the term ‘‘such title’’ each place such term 

24 appears and inserting ‘‘such subtitle’’; and 


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1 (5) in sections 1506, 1508(b), and 1510(a), by 

2 striking the term ‘‘this title’’ each place such term 

3 appears and inserting ‘‘this subtitle’’. 

4 SEC. 3. OPTIONAL MEDICAID COVERAGE OF CERTAIN 

5 PROSTATE CANCER PATIENTS. 

6 (a) COVERAGE AS OPTIONAL CATEGORICALLY

7 NEEDY GROUP AND LIMITATION ON BENEFITS.—Section 

8 1902 of the Social Security Act (42 U.S.C. 1396a) is 

9 amended— 

10 (1) in subsection (a)(10)(A)(ii)(XVIII), by 

11 striking ‘‘or cervical’’ and inserting ‘‘, cervical, or 

12 prostate’’; 

13 (2) in subsection (a)(10), in the clause (XIV) 

14 following subparagraph (G), by striking ‘‘or cer15 vical’’ and inserting ‘‘, cervical, or prostate’’; and 

16 (3) in subsection (aa)(3)— 

17 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

18 (B) by striking ‘‘and’’ at the end and in19 serting ‘‘or’’; and 

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

21 subparagraph: 

22 ‘‘(B) at the option of the State, have been 

23 screened for prostate cancer under the Centers for 

24 Disease Control and Prevention prostate cancer 

25 early detection program established under section 


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1 1521(a) of the Public Health Service Act and need 

2 treatment for prostate cancer; and’’. 

3 (b) APPLICATION OF PRESUMPTIVE ELIGIBILITY.— 

4 Section 1920B of such Act (42 U.S.C. 1396r–1b) is 

5 amended— 

6 (1) in the heading by striking ‘‘OR CERVICAL’’ 

7 and inserting ‘‘, CERVICAL, OR PROSTATE’’; and 

8 (2) in subsection (a), by striking ‘‘or cervical’’ 

9 and inserting ‘‘, cervical, or prostate’’. 

10 (c) APPLICATION OF ENHANCED MATCH.—For appli11 cation of enhanced Federal matching rate, see section 

12 1905(b)(4) of the Social Security Act (42 U.S.C. 

13 1396d(b)(4)). 

14 (d) APPLICATION OF SPECIAL RULES ON COST15 SHARING.—Section 1937(a)(2)(B)(x) of such Act (42 

16 U.S.C. 1396u–7(a)(2)(B)(x)) is amended— 

17 (1) in the heading by inserting ‘‘AND MEN IN

18 THE PROSTATE CANCER PROGRAM’’ after ‘‘BREAST

19 OR CERVICAL CANCER PROGRAM’’; and 

20 (2) by striking ‘‘is a woman who’’. 

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

22 this section shall apply to items and services furnished on 

23 or after the date of the enactment of this Act. 

Æ 


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