I

104TH CONGRESS

2D SESSION H. R. 3696

To amend the Social Security Act to require the Secretary of Health and

Human Services to approve or deny on a timely basis an application

for a waiver for certain AFDC and Medicaid demonstration projects.

IN THE HOUSE OF REPRESENTATIVES

JUNE 20, 1996

Mr. PAXON (for himself, Mr. FRISA, Ms. MOLINARI, Mr. KING, Mr. SOLOMON,

Mr. WALSH, Mrs. MEYERS of Kansas, Mr. BASS, Mr. HOUGHTON, and

Mr. SAM JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the

Committee on Commerce, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Social Security Act to require the Secretary

of Health and Human Services to approve or deny on

a timely basis an application for a waiver for certain

AFDC and Medicaid demonstration projects.

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 ‘‘AFDC and Medicaid

5 Waiver Fairness Act of 1996’’.
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1 SEC. 2. ESTABLISHMENT OF DEADLINE FOR APPROVAL OR

2 DENIAL OF A SECTION 1115 WAIVER APPLICA3 TION.

4 (a) IN GENERAL.—Section 1115 of the Social Secu5 rity Act (42 U.S.C. 1315) is amended by adding at the

6 end the following:

7 ‘‘(e)(1) In the case of an application under this sec8 tion for a waiver of compliance with any of the require9 ments of section 402 or 1902, the application is deemed

10 to be complete, as of the end of the 30-day period begin11 ning on the date of its submission to the Secretary, unless

12 within such period the Secretary provides written notice

13 to the applicant that states that the application is incom14 plete and that specifies the additional information re15 quired to complete the application.

16 ‘‘(2)(A) Such an application is deemed to be approved

17 as of the end of the period described in subparagraph (B),

18 unless the Secretary provides written notice to the appli19 cant before the end of such period that the application

20 is denied.

21 ‘‘(B) The period described in this subparagraph is the

22 30-day period beginning on the date the application is

23 complete, but in no case beginning later than 60 days (or

24 such later date as the applicant and the Secretary may

25 agree to) after the date of submission of the application.
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1 ‘‘(C) Nothing in this paragraph shall be construed as

2 preventing an applicant from withdrawing an application

3 at any time.

4 ‘‘(3) In the case of denial of such an application, the

5 Secretary shall transmit, not later than 15 days after the

6 date of the notice of denial, to the Congress and to the

7 applicant an explanation of the specific reasons for such

8 denial, including the factors and data that the Secretary

9 took into consideration in making the final determina10 tion.’’.

11 (b) EFFECTIVE DATE.—

12 (1) IN GENERAL.—The amendment made by

13 subsection (a) applies to applications for waivers

14 under section 1115 of the Social Security Act sub15 mitted on or after, or pending with the Secretary of

16 Health and Human Services on, the date of the en17 actment of this Act.

18 (2) RULES FOR PENDING APPLICATION.—In ap19 plying such section with respect to such an applica20 tion pending with the Secretary on such date, if the

21 Secretary—

22 (A) has not determined the application to

23 be complete as of such date, the application is

24 deemed to be submitted on such date, or
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1 (B) has determined the application to be

2 complete as of such date, the application is

3 deemed to be complete on such date.

Æ