```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Schools Act of 2009''.

SEC. 2. ASSURANCE OF PAYMENT UNDER MEDICAID AND CHIP FOR COVERED ITEMS 
              AND SERVICES FURNISHED BY CERTAIN SCHOOL-BASED HEALTH 
              CLINICS.

    (a) State Plan Requirement.--Section 1902(a) of the Social Security 
Act (42 U.S.C. 1396a(a)), as amended by section 5006(e)(2)(A) of 
division B of the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5), is amended--
            (1) in paragraph (72), by striking ``and'' at the end;
            (2) in paragraph (73)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after paragraph (73), the following new 
        paragraph:
            ``(74) provide that the State shall certify to the 
        Secretary that the State has implemented procedures to pay for 
        medical assistance (including care and services described in 
        subsections (a)(4)(B) and (r) of section 1905 and provided in 
        accordance with section 1902(a)(43)) furnished in a school-
        based health clinic, if payment would be made under the State 
        plan for the same items and services if furnished in a 
        physician's office or other outpatient clinic (including if 
        such payment would be included in the determination of a 
        prepaid capitation or other risk-based rate of payment to an 
        entity under a contract pursuant to section 1903(m)).''.
    (b) Application to CHIP.--Section 2107(e)(1) of the Social Security 
Act (42 U.S.C. 1397gg(e)(1)) is amended--
            (1) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively; and
            (2) by inserting after subparagraph (A), the following new 
        subparagraph:
                    ``(B) Section 1902(a)(74) (relating to procedures 
                to ensure payment for covered services furnished in a 
                school-based health clinic).''.
    (c) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to preempt or 
supersede State or local law with respect to whether a school-based 
health clinic provides family planning services and supplies.
    (d) Effective Date.--The amendments made by this section take 
effect on October 1, 2009.
                                 <all>
```