I

106TH CONGRESS

1ST SESSION H. R. 1591

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 HOUSE OF REPRESENTATIVES

APRIL 28, 1999

Ms. PELOSI (for herself, Mr. GEPHARDT, Mr. ABERCROMBIE, Mr. ACKERMAN,

Mr. BONIOR, Mr. BRADY of Pennsylvania, Mr. BENTSEN, Mr. BROWN of

California, Mrs. CAPPS, Mr. CAPUANO, Mrs. CHRISTENSEN, Mr. CROWLEY, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. DIXON, Ms.

ESHOO, Mr. FALEOMAVAEGA, Mr. FARR of California, Mr. FILNER, Mr.

FORD, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GUTIERREZ, Mr.

HASTINGS of Florida, Mr. HINCHEY, Mr. HORN, Mr. INSLEE, Ms. JACKSON-LEE of Texas, Mrs. JONES of Ohio, Ms. KILPATRICK, Mr. LANTOS,

Ms. LEE, Ms. LOFGREN, Mr. MCDERMOTT, Mrs. MALONEY of New York,

Mr. MATSUI, Mr. MEEHAN, Mrs. MEEK of Florida, Ms. MILLENDERMCDONALD, Mr. GEORGE MILLER of California, Mrs. MINK of Hawaii,

Mrs. MORELLA, Mr. NADLER, Mr. PAYNE, Ms. RIVERS, Mr. ROMEROBARCELO ́, Mr. RUSH, Ms. SANCHEZ, Mr. SANDERS, Ms. SCHAKOWSKY,

Mr. SERRANO, Mr. SHERMAN, Mr. STARK, Mrs. TAUSCHER, Mrs. THURMAN, Mr. TOWNS, Ms. WATERS, Mr. WAXMAN, Mr. WEINER, and Ms.

WOOLSEY) introduced the following bill; which was referred to the Committee on Commerce

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Early Treatment for

3 HIV Act of 1999’’.

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

5 HIV-INFECTED INDIVIDUALS.

6 (a) IN GENERAL.—Section 1902 of the Social Secu7 rity Act (42 U.S.C. 1396a) is amended—

8 (1) in subsection (a)(10)(A)(ii)—

9 (A) by striking ‘‘or’’ at the end of sub10 clause (XIII);

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

12 (XIV); and

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

14 subclause:

15 ‘‘(XV) who are described in sub16 section (aa) (relating to HIV-infected

17 individuals);’’;

18 and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(aa) HIV-infected individuals described in this sub22 section are individuals not described in subsection

23 (a)(10)(A)(i)—

24 ‘‘(1) who have HIV infection;

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

26 State plan under this title with respect to disabled
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1 individuals) does not exceed the maximum amount

2 of income a disabled individual described in sub3 section (a)(10)(A)(i) may have and obtain medical

4 assistance under the plan; and

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

6 State plan under this title with respect to disabled

7 individuals) do not exceed the maximum amount of

8 resources a disabled individual described in sub9 section (a)(10)(A)(i) may have and obtain medical

10 assistance under the plan.’’.

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

12 of such Act (42 U.S.C. 1396d(a)) is amended, in the mat13 ter before paragraph (1)—

14 (1) by striking ‘‘or’’ at the end of clause (x),

15 (2) by adding ‘‘or’’ at the end of clause (xi),

16 and

17 (3) by inserting after clause (xii) the following

18 new clause:

19 ‘‘(xii) individuals described in section

20 1902(aa);’’.

21 (c) EXEMPTION FROM FUNDING LIMITATION FOR

22 TERRITORIES.—Section 1108(g) of such Act (42 U.S.C.

23 1308(g)) is amended by adding at the end the following

24 new paragraph:
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1 ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR

2 OPTIONAL LOW-INCOME HIV-INFECTED INDIVID3 UALS.—The limitations under subsection (f) and the

4 previous provisions of this subsection shall not apply

5 to amounts expended for medical assistance for indi6 viduals described in section 1902(aa) who are only

7 eligible for such assistance on the basis of section

8 1902(a)(10)(A)(ii)(XV).’’.

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

10 subsections (a) and (b) shall apply to calendar quarters

11 beginning on or after the date of the enactment of this

12 Act, without regard to whether or not final regulations to

13 carry out such amendments have been promulgated by

14 such date.

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