I

107TH CONGRESS

1ST SESSION H. R. 2063

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

JUNE 5, 2001

Ms. PELOSI (for herself, Mr. GEPHARDT, Mr. WAXMAN, Mr. BROWN of Ohio,

Mrs. MORELLA, Ms. LEE, Mr. BONIOR, Mrs. CHRISTENSEN, Mr.

RODRIGUEZ, Mr. UNDERWOOD, Ms. MILLENDER-MCDONALD, Mr. CLYBURN, Mrs. LOWEY, Mr. CUMMINGS, Mr. HORN, Mr. CROWLEY, Ms.

BALDWIN, Mrs. TAUSCHER, Mr. CAPUANO, Ms. SCHAKOWSKY, Mr.

MCDERMOTT, Mr. DICKS, Mr. TOWNS, Mr. SERRANO, Ms. ROYBAL-ALLARD, Mr. HINCHEY, Mr. BLAGOJEVICH, Mr. GREEN of Texas, Mr. GONZALEZ, Ms. CARSON of Indiana, Mr. FILNER, Mr. JACKSON of Illinois,

Mrs. THURMAN, Mr. FROST, Mr. GUTIERREZ, Mr. FRANK, Mr. LANTOS,

Ms. RIVERS, Mrs. CAPPS, Mr. MALONEY of Connecticut, Mr. BRADY of

Pennsylvania, Mr. DELAHUNT, Ms. WOOLSEY, Mr. OWENS, Ms. SOLIS,

Mr. STARK, Ms. DELAURO, Mr. CONYERS, Mr. WYNN, Ms. ESHOO, Mr.

NEAL of Massachusetts, Ms. BROWN of Florida, Mr. SCHIFF, Mr. MARKEY, Mr. OLVER, Ms. WATERS, Mr. CLAY, Ms. SLAUGHTER, Mr. RUSH,

Mr. INSLEE, Mr. FARR of California, Mr. RANGEL, Mr. MEEHAN, Mrs.

CLAYTON, Mrs. JONES of Ohio, Mr. PALLONE, Ms. MCCOLLUM, Mr.

ACKERMAN, Ms. JACKSON-LEE of Texas, Mr. HASTINGS of Florida, Mr.

GEORGE MILLER of California, Mr. ABERCROMBIE, Mrs. MEEK of Florida, Mr. PAYNE, Ms. VELA ́ZQUEZ, Mrs. MINK of Hawaii, Mrs.

NAPOLITANO, Ms. NORTON, Mr. THOMPSON of Mississippi, Mr. HILLIARD, Mr. WEINER, Ms. KILPATRICK, Mr. DEFAZIO, Mr. DAVIS of Illinois, Ms. SANCHEZ, Mr. EVANS, Mr. UDALL of New Mexico, Mr. ENGEL,

Mr. BENTSEN, Mr. BERMAN, Mr. TIERNEY, Mr. HOLT, Mrs. MCCARTHY

of New York, Mr. NADLER, Mr. GORDON, Mr. BAIRD, Mr. MATSUI, Mr.

MCGOVERN, Mr. SANDERS, Mr. KILDEE, Mr. HONDA, Mr. SHERMAN,

Ms. LOFGREN, Mrs. MALONEY of New York, Mr. KLECZKA, Ms. BERKLEY, Ms. DEGETTE, Mr. FORD, Mr. FALEOMAVAEGA, and Mr. LARSON

of Connecticut) introduced the following bill; which was referred to the

Committee on Energy and Commerce
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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,

3 SECTION 1. SHORT TITLE.

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

5 HIV Act of 2001’’.

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

7 HIV-INFECTED INDIVIDUALS.

8 (a) IN GENERAL.—Section 1902 of the Social Secu9 rity Act (42 U.S.C. 1396a), as amended by section 2(a)

10 of the Breast and Cervical Cancer Prevention and Treat11 ment Act of 2000 (Public Law 106–354; 114 Stat. 1381)

12 and section 702(b) of the Medicare, Medicaid, and SCHIP

13 Benefits Improvement and Protection Act of 2000 (as en14 acted into law by section 1(a)(6) of Public Law 106–554),

15 is amended—

16 (1) in subsection (a)(10)(A)(ii)—

17 (A) by striking ‘‘or’’ at the end of sub18 clause (XVII);

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

20 (XVIII); and
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1 (C) by adding at the end the following new

2 subclause:

3 ‘‘(XIX) who are described in sub4 section (cc) (relating to HIV-infected

5 individuals);’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(cc) HIV-infected individuals described in this sub9 section are individuals—

10 ‘‘(1) who have HIV infection;

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

12 State plan under this title with respect to disabled

13 individuals) does not exceed an amount (if any)

14 specified by the State that is not less than the high15 er of (A) the maximum amount of income a disabled

16 individual described in subsection (a)(10)(A)(i) may

17 have and obtain medical assistance under the plan,

18 or (B) in the case of a State that provides State

19 supplementary payments, the maximum amount of

20 income that an individual in the State may have and

21 be eligible for such a State supplementary payment;

22 and

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

24 State plan under this title with respect to disabled

25 individuals) do not exceed the maximum amount of
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1 resources a disabled individual described in sub2 section (a)(10)(A)(i) may have and obtain medical

3 assistance under the plan.’’.

4 (b) APPLICATION OF PRESUMPTIVE ELIGIBILITY.—

5 Title XIX of the Social Security Act is amended by insert6 ing after section 1920B the following:

7 ‘‘PRESUMPTIVE ELIGIBILITY FOR LOW-INCOME

8 INDIVIDUALS INFECTED WITH HIV

9 ‘‘SEC. 1920C. (a) STATE OPTION.—A State plan ap10 proved under section 1902 may provide for making med11 ical assistance available to an individual described in sec12 tion 1902(cc) (relating to low-income individuals infected

13 with HIV) during a presumptive eligibility period.

14 ‘‘(b) APPLICATION OF SAME RULES.—The provisions

15 of subsections (b) through (d) of section 1920B shall

16 apply to individuals described in subsection (a) and section

17 1902(cc) in the same manner as they apply to individuals

18 described in section 1920B(a) and section 1902(aa), re19 spectively.’’.

20 (c) EXEMPTION FROM FUNDING LIMITATION FOR

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

22 1308(g)) is amended by adding at the end the following

23 new paragraph:

24 ‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR

25 OPTIONAL LOW-INCOME HIV-INFECTED INDIVID26 UALS.—The limitations under subsection (f) and the
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1 previous provisions of this subsection shall not apply

2 to amounts expended for medical assistance for indi3 viduals described in section 1902(cc) who are only

4 eligible for such assistance on the basis of section

5 1902(a)(10)(A)(ii)(XIX).’’.

6 (d) CONFORMING AND TECHNICAL AMENDMENTS.—

7 (1) Section 1905(a) of such Act (42 U.S.C.

8 1396d(a)), as amended by section 2(a)(4) of the

9 Breast and Cervical Cancer Prevention and Treat10 ment Act of 2000 (Public Law 106–354; 114 Stat.

11 1381), is amended, in the matter before paragraph

12 (1)—

13 (A) by striking ‘‘or’’ at the end of clause

14 (xi),

15 (B) by adding ‘‘or’’ at the end of clause

16 (xii), and

17 (C) by inserting after clause (xiii) the fol18 lowing new clause:

19 ‘‘(xiv) individuals described in section

20 1902(cc);’’.

21 (2) Section 1903(f)(4) of the Social Security

22 Act (42 U.S.C. 1396b(f)(4)), as amended by section

23 710(a) of the Medicare, Medicaid, and SCHIP Bene24 fits Improvement and Protection Act of 2000 (113

25 Stat. 2763A–578), as enacted into law by section
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1 1(a)(6) of Public Law 106–554, is amended by in2 serting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after

3 ‘‘1902(a)(10)(A)(ii)(XVIII),’’.

4 (3)(A) Section 1902 of the Social Security Act

5 (42 U.S.C. 1396a), as amended by section 702(b) of

6 the Medicare, Medicaid, and SCHIP Benefits Im7 provement and Protection Act of 2000 (113 Stat.

8 2763A–572), as so enacted into law, is amended by

9 redesignating the subsection (aa) added by such sec10 tion as subsection (bb).

11 (B) Section 1902(a)(15) of the Social Security

12 Act (42 U.S.C. 1396a(a)(15)), as added by section

13 702(a)(2) of the Medicare, Medicaid, and SCHIP

14 Benefits Improvement and Protection Act of 2000

15 (113 Stat. 2763A–572), as so enacted into law, is

16 amended by striking ‘‘subsection (aa)’’ and inserting

17 ‘‘subsection (bb)’’.

18 (C) Section 1915(b) of the Social Security Act

19 (42 U.S.C. 1396n(b)), as amended by section

20 702(c)(2) of the Medicare, Medicaid, and SCHIP

21 Benefits Improvement and Protection Act of 2000

22 (113 Stat. 2763A–572), as so enacted into law, is

23 amended by striking ‘‘1902(aa)’’ and inserting

24 ‘‘1902(bb)’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to calendar quarters beginning on

3 or after the date of the enactment of this Act, without

4 regard to whether or not final regulations to carry out

5 such amendments have been promulgated by such date.

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