II 

111TH CONGRESS 

1ST SESSION S. 1034 

To amend titles XIX and XXI of the Social Security Act to ensure payment 

under Medicaid and the State Children’s Health Insurance Program 

for covered items and services furnished by school-based health clinics. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2009 

Ms. STABENOW (for herself, Ms. SNOWE, Mr. BENNET, Mr. KERRY, Mr. 

LEVIN, Mr. DURBIN, and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend titles XIX and XXI of the Social Security Act 

to ensure payment under Medicaid and the State Children’s Health Insurance Program for covered items and 

services furnished by school-based health clinics. 

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 ‘‘Healthy Schools Act 

5 of 2009’’. 

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2 

•S 1034 IS

1 SEC. 2. ASSURANCE OF PAYMENT UNDER MEDICAID AND 

2 CHIP FOR COVERED ITEMS AND SERVICES 

3 FURNISHED BY CERTAIN SCHOOL-BASED 

4 HEALTH CLINICS. 

5 (a) STATE PLAN REQUIREMENT.—Section 1902(a) 

6 of the Social Security Act (42 U.S.C. 1396a(a)), as 

7 amended by section 5006(e)(2)(A) of division B of the 

8 American Recovery and Reinvestment Act of 2009 (Public 

9 Law 111–5), is amended— 

10 (1) in paragraph (72), by striking ‘‘and’’ at the 

11 end; 

12 (2) in paragraph (73)(B), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (73), the fol15 lowing new paragraph: 

16 ‘‘(74) provide that the State shall certify to the 

17 Secretary that the State has implemented proce18 dures to pay for medical assistance (including care 

19 and services described in subsections (a)(4)(B) and 

20 (r) of section 1905 and provided in accordance with 

21 section 1902(a)(43)) furnished in a school-based 

22 health clinic, if payment would be made under the 

23 State plan for the same items and services if fur24 nished in a physician’s office or other outpatient 

25 clinic (including if such payment would be included 

26 in the determination of a prepaid capitation or other 

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3 

•S 1034 IS

1 risk-based rate of payment to an entity under a con2 tract pursuant to section 1903(m)).’’. 

3 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 

4 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

5 amended— 

6 (1) by redesignating subparagraphs (B) 

7 through (D) as subparagraphs (C) through (E), re8 spectively; and 

9 (2) by inserting after subparagraph (A), the fol10 lowing new subparagraph: 

11 ‘‘(B) Section 1902(a)(74) (relating to pro12 cedures to ensure payment for covered services 

13 furnished in a school-based health clinic).’’. 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion or the amendments made by this section shall be con16 strued to preempt or supersede State or local law with 

17 respect to whether a school-based health clinic provides 

18 family planning services and supplies. 

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

20 this section take effect on October 1, 2009. 

Æ 

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