II 

110TH CONGRESS 

1ST SESSION S. 142 

To amend title XXI of the Social Security Act to allow qualifying States 

to use all or any portion of their allotments under the State Children’s 

Health Insurance Program for certain Medicaid expenditures. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Ms. CANTWELL (for herself, Mrs. MURRAY, and Ms. MIKULSKI) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To amend title XXI of the Social Security Act to allow 

qualifying States to use all or any portion of their allotments under the State Children’s Health Insurance Program for certain Medicaid expenditures. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORITY FOR QUALIFYING STATES TO USE 

4 ALL OR ANY PORTION OF THEIR SCHIP AL5 LOTMENTS FOR CERTAIN MEDICAID EXPEND6 ITURES. 

7 (a) IN GENERAL.—Section 2105(g)(1)(A) of the So8 cial Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amendVerDate Aug 31 2005 00:18 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S142.IS S142

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1 ed by section 201(b) of the National Institutes of Health 

2 Reform Act of 2006, is amended by striking ‘‘not more 

3 than 20 percent of any allotment under section 2104 for 

4 fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, 

5 or 2007’’ and inserting ‘‘all or any portion of any allot6 ment made to the State under section 2104 for a fiscal 

7 year’’. 

8 (b) ADDITIONAL REQUIREMENTS.—Section 

9 2105(g)(2) of such Act (42 U.S.C. 1397ee(g)(2)) is 

10 amended— 

11 (1) by striking ‘‘a State, that, on’’ and inserting 

12 ‘‘a State that is described in subparagraph (A) and 

13 satisfies all of the requirements of subparagraph 

14 (B). 

15 ‘‘(A) STATE DESCRIBED.—A State de16 scribed in this subparagraph is a State that, 

17 on’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(B) REQUIREMENTS.—The requirements 

20 of this subparagraph are the following: 

21 ‘‘(i) NO REDUCTION IN MEDICAID OR

22 SCHIP INCOME ELIGIBILITY.—Since Janu23 ary 1, 2001, the State has not reduced the 

24 income, assets, or resource requirements 

25 for eligibility for medical assistance under 


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1 title XIX or for child health assistance 

2 under this title. 

3 ‘‘(ii) NO WAITING LIST IMPOSED.— 

4 The State does not impose any numerical 

5 limitation, waiting list, or similar limita6 tion on the eligibility of children for med7 ical assistance under title XIX or child 

8 health assistance under this title and does 

9 not limit the acceptance of applications for 

10 such assistance. 

11 ‘‘(iii) PROVIDES ASSISTANCE TO ALL

12 CHILDREN WHO APPLY AND QUALIFY.— 

13 The State provides medical assistance 

14 under title XIX or child health assistance 

15 under this title to all children in the State 

16 who apply for and meet the eligibility 

17 standards for such assistance. 

18 ‘‘(iv) PROTECTION AGAINST INABILITY

19 TO PAY PREMIUMS OR COPAYMENTS.—The 

20 State ensures that no child loses coverage 

21 under title XIX or this title, or is denied 

22 needed care, as a result of the child’s par23 ents’ inability to pay any premiums or 

24 cost-sharing required under such title. 


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1 ‘‘(v) ADDITIONAL REQUIREMENTS.— 

2 The State has implemented at least 3 of 

3 the following policies and procedures (re4 lating to coverage of children under title 

5 XIX and this title): 

6 ‘‘(I) SIMPLIFIED APPLICATION

7 FORM.—With respect to children who 

8 are eligible for medical assistance 

9 under title XIX, the State uses the 

10 same simplified application form (in11 cluding, if applicable, permitting ap12 plication other than in person) for 

13 purposes of establishing eligibility for 

14 assistance under title XIX and this 

15 title. 

16 ‘‘(II) ELIMINATION OF ASSET

17 TEST.—The State does not apply any 

18 asset test for eligibility under title 

19 XIX or this title with respect to chil20 dren. 

21 ‘‘(III) ADOPTION OF 12-MONTH

22 CONTINUOUS ENROLLMENT.—The 

23 State provides that eligibility shall not 

24 be regularly redetermined more often 

25 than once every year under this title 


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1 or for children eligible for medical as2 sistance under title XIX. 

3 ‘‘(IV) SAME VERIFICATION AND

4 REDETERMINATION POLICIES; AUTO5 MATIC REASSESSMENT OF ELIGI6 BILITY.—With respect to children who 

7 are eligible for medical assistance 

8 under section 1902(a)(10)(A), the 

9 State provides for initial eligibility de10 terminations and redeterminations of 

11 eligibility using the same verification 

12 policies (including with respect to 

13 face-to-face interviews), forms, and 

14 frequency as the State uses for such 

15 purposes under this title, and, as part 

16 of such redeterminations, provides for 

17 the automatic reassessment of the eli18 gibility of such children for assistance 

19 under title XIX and this title. 

20 ‘‘(V) OUTSTATIONING ENROLL21 MENT STAFF.—The State provides for 

22 the receipt and initial processing of 

23 applications for benefits under this 

24 title and for children under title XIX 

25 at facilities defined as disproporVerDate Aug 31 2005 00:18 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S142.IS S142

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1 tionate share hospitals under section 

2 1923(a)(1)(A) and Federally-qualified 

3 health centers described in section 

4 1905(l)(2)(B) consistent with section 

5 1902(a)(55).’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on October 1, 2007, and shall 

8 apply to expenditures described in section 

9 2105(g)(1)(B)(ii) of the Social Security Act (42 U.S.C. 

10 1397ee(g)(1)(B)(ii)) that are made after that date. 

Æ 


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