I 

111TH CONGRESS 

1ST SESSION H. R. 563 

To amend title XXI of the Social Security Act to require States to provide 

priority under the State Children’s Health Insurance Program (SCHIP) 

to children in families with gross income below 200 percent of the 

Federal poverty level. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2009 

Mrs. BIGGERT (for herself, Mr. MCCAUL, Ms. GINNY BROWN-WAITE of Florida, Mr. EHLERS, Mr. FORTENBERRY, and Mr. KIRK) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XXI of the Social Security Act to require 

States to provide priority under the State Children’s 

Health Insurance Program (SCHIP) to children in families with gross income below 200 percent of the Federal 

poverty level. 

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 ‘‘SCHIP Expansion for 

5 Kids in Need Act of 2009’’. 


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1 SEC. 2. REQUIRING PRIORITY FOR SCHIP COVERAGE OF 

2 CHILDREN IN FAMILIES WITH INCOME 

3 UNDER 200 PERCENT OF THE FEDERAL POV4 ERTY LEVEL. 

5 (a) DATA COLLECTION REQUIREMENT.—Section 

6 2108 of the Social Security Act (42 U.S.C. 1397hh) is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e) INCLUSION OF CERTAIN INCOME-RELATED

10 DATA.— 

11 ‘‘(1) IN GENERAL.—Each annual report under 

12 this section for each fiscal year (beginning with fis13 cal year 2010) shall include information, consistent 

14 with regulations promulgated under paragraph (2), 

15 on the success of the State in providing health insur16 ance coverage for children at various family income 

17 levels. 

18 ‘‘(2) REGULATIONS.—In order to provide con19 sistency in the reporting of information under para20 graph (1), the Secretary shall promulgate, not later 

21 than September 30, 2009, standards for data collec22 tion and statistical methodologies that must be used 

23 in submitting such information. Such standards 

24 shall provide for family income levels to be deter25 mined based on gross income relative to percentages 

26 of the poverty line for a family of the size involved.’’. 


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1 (b) PLAN FOR COVERAGE OF LOW INCOME CHIL2 DREN.—Section 2101 of such Act (42 U.S.C. 1397aa) is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(e) INCLUSION OF PLAN FOR COVERAGE OF LOW

6 INCOME CHILDREN.— 

7 ‘‘(1) DEVELOPMENT.—No State child health 

8 plan shall be considered approved under section 

9 2106 for a fiscal year (beginning with fiscal year 

10 2010) unless— 

11 ‘‘(A) the State has developed and sub12 mitted to the Secretary, not later than 6 

13 months after the date of the enactment of this 

14 subsection, a plan to assure that all qualified 

15 low-income children (as defined in paragraph 

16 (3)) are covered by creditable health coverage; 

17 ‘‘(B) such a plan has been approved under 

18 paragraph (2); and 

19 ‘‘(C) the State implements such plan be20 ginning with fiscal year 2010. 

21 ‘‘(2) REVIEW AND APPROVAL.—The Secretary 

22 shall— 

23 ‘‘(A) promptly review plans submitted 

24 under paragraph (1)(A); 


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1 ‘‘(B) approve such plan if the Secretary 

2 determines that the plan is reasonably designed 

3 to assure the coverage described in such para4 graph, effective as for the plan year beginning 

5 in fiscal year 2010; or 

6 ‘‘(C) disapprove such plan if the Secretary 

7 determines that the plan is not so reasonably 

8 designed. 

9 ‘‘(3) OPPORTUNITY FOR RESUBMITTAL.—If the 

10 Secretary disapproves a plan under paragraph 

11 (2)(C), the Secretary shall provide the State with an 

12 opportunity to resubmit a modified plan under para13 graph (1)(A) that meets the requirement of para14 graph (2)(B). 

15 ‘‘(4) NOTIFICATION.—The Secretary shall 

16 promptly notify the State involved of the approval or 

17 disapproval of a plan submitted under paragraph 

18 (1)(A), or resubmitted under paragraph (3). 

19 ‘‘(5) QUALIFIED LOW-INCOME CHILDREN.—In 

20 this subsection and section 2105(c)(8), the term 

21 ‘qualified low-income child’ means a child— 

22 ‘‘(A) the gross income of whose family does 

23 not exceed 200 percent of the poverty line for 

24 a family of the size involved; and 


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1 ‘‘(B) who meets all eligibility requirements, 

2 other than those related to income, to be a tar3 geted low-income child.’’. 

4 (c) LIMITATION ON USE OF SCHIP FUNDS.—Sec5 tion 2105(c) of such Act (42 U.S.C. 1397ee(c)) is amend6 ed by adding at the end the following new paragraph: 

7 ‘‘(8) LIMITATION BASED ON INCREASES IN IN8 COME ELIGIBILITY.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), in the case of a State that increases 

11 its income eligibility level under its State child 

12 health plan above the level in effect as of the 

13 date of the enactment of this paragraph, pay14 ment shall not be made to a State under this 

15 section for any amount expended for an indi16 vidual whose family income exceeds the income 

17 eligibility level under its State child health plan 

18 as of such date unless the State demonstrates 

19 to the satisfaction of the Secretary that no 

20 more than 10 percent of qualified low-income 

21 children (as defined in section 2101(e)(5)) re22 siding in the State are not covered under cred23 itable health coverage. 

24 ‘‘(B) SAFE HARBOR FOR QUALIFIED LOW25 INCOME CHILDREN AND CURRENTLY ELIGIBLE


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1 CHILDREN.—Subparagraph (A) shall not apply 

2 to limit payment under this section for amounts 

3 expended for— 

4 ‘‘(i) qualified low-income children (as 

5 so defined); or 

6 ‘‘(ii) any child who meets eligibility 

7 standards under the State child health 

8 plan as in effect as of the date of the en9 actment of this paragraph.’’. 

Æ 


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