I 

116TH CONGRESS 

1ST SESSION H. R. 3842 

To amend titles XIX and XXI of the Social Security Act to require a 

State child health plan to include certain lead screening coverage and 

to codify such requirement under the Medicaid program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2019 

Mr. KATKO (for himself, Mr. WELCH, Mr. CICILLINE, Mr. MORELLE, Mr. 

FITZPATRICK, Ms. MOORE, and Mr. BALDERSON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend titles XIX and XXI of the Social Security Act 

to require a State child health plan to include certain 

lead screening coverage and to codify such requirement 

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 ‘‘Preventing Lead Poi5 soning Act of 2019’’. 


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1 SEC. 2. REQUIRING A STATE CHILD HEALTH PLAN TO IN2 CLUDE CERTAIN LEAD SCREENING COV3 ERAGE FOR CHILDREN; CODIFICATION OF 

4 REQUIREMENT UNDER MEDICAID. 

5 (a) CHIP.— 

6 (1) IN GENERAL.—Section 2103 of the Social 

7 Security Act (42 U.S.C. 1397cc) is amended— 

8 (A) in subsection (a), by striking ‘‘para9 graphs (5), (6), (7), and (8)’’ and inserting 

10 ‘‘paragraphs (5) through (9)’’; and 

11 (B) in subsection (c)— 

12 (i) by redesignating paragraphs (8) 

13 and (9) as paragraphs (9) and (10), re14 spectively; and 

15 (ii) by inserting after paragraph (7) 

16 the following new paragraph: 

17 ‘‘(8) COVERAGE OF LEAD BLOOD LEVEL AS18 SESSMENTS.— 

19 ‘‘(A) IN GENERAL.—The child health as20 sistance provided to a targeted low-income child 

21 shall include coverage of lead blood level assess22 ments at the times and in the amounts specified 

23 in subparagraph (B). 

24 ‘‘(B) SPECIFIED TIMES AND AMOUNTS.— 

25 The times and amounts specified in this sub26 paragraph are, with respect to coverage of lead 


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1 blood level assessments and a targeted low-in2 come child, the following: 

3 ‘‘(i) 1 such assessment at the age of 

4 12 months; 

5 ‘‘(ii) 1 such assessment at the age of 

6 24 months; and 

7 ‘‘(iii) in the case of such a child with 

8 no record of any such assessment having 

9 been performed and who is between the 

10 ages of 24 months and 72 months, 1 such 

11 assessment.’’. 

12 (2) EFFECTIVE DATE.— 

13 (A) IN GENERAL.—Subject to paragraph 

14 (2), the amendments made by this section shall 

15 take effect with respect to child health assist16 ance provided on or after the date that is 1 

17 year after the date of the enactment of this Act. 

18 (B) EXCEPTION FOR STATE LEGISLA19 TION.—In the case of a State child health plan 

20 under title XXI of the Social Security Act (or 

21 a waiver of such plan), which the Secretary of 

22 Health and Human Services determines re23 quires State legislation in order for the respec24 tive plan (or waiver) to meet any requirement 

25 imposed by the amendments made by this secVerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.IH H3842

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1 tion, the respective plan (or waiver) shall not be 

2 regarded as failing to comply with the require3 ments of such title solely on the basis of its fail4 ure to meet such an additional requirement be5 fore the first day of the first calendar quarter 

6 beginning after the close of the first regular 

7 session of the State legislature that begins after 

8 the date of enactment of this section. For pur9 poses of the previous sentence, in the case of a 

10 State that has a 2-year legislative session, each 

11 year of the session shall be considered to be a 

12 separate regular session of the State legislature. 

13 (b) MEDICAID.—Section 1905(r) of the Social Secu14 rity Act (42 U.S.C. 1396d(r)) is amended— 

15 (1) in paragraph (1)(B)(iv), by inserting ‘‘and 

16 at the times and in the amounts specified in para17 graph (6)’’ after ‘‘factors’’; and 

18 (2) by inserting after paragraph (5) the fol19 lowing new paragraph: 

20 ‘‘(6) The times and amounts specified in this 

21 paragraph are, with respect to coverage of lead blood 

22 level assessments and an individual, the following: 

23 ‘‘(A) 1 such assessment at the age of 12 

24 months; 


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1 ‘‘(B) 1 such assessment at the age of 24 

2 months; and 

3 ‘‘(C) in the case of such a child with no 

4 record of any such assessment having been per5 formed and who is between the ages of 24 

6 months and 72 months, 1 such assessment.’’. 

7 (c) CLARIFICATION.—None of the amendments made 

8 by this section may be construed as prohibiting a State 

9 from providing coverage of lead blood level assessments 

10 under title XIX or XXI of the Social Security Act at a 

11 frequency that is greater than the frequency described in 

12 such amendments or to an individual outside of the ages 

13 described in such amendments. 

Æ 


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