II 

110TH CONGRESS 

1ST SESSION S. 1669 

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

under Medicaid and the State Children’s Health Insurance Program 

(SCHIP) for covered items and services furnished by school-based health 

clinics. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2007 

Ms. STABENOW (for herself, Mr. BINGAMAN, Mr. LEVIN, Mr. SALAZAR, Mr. 

DURBIN, Mr. OBAMA, and Mr. KERRY) 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 (SCHIP) 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 2007’’. 


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1 SEC. 2. ASSURANCE OF PAYMENT UNDER MEDICAID AND 

2 SCHIP 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)) is amend7 ed— 

8 (1) in paragraph (69), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (70)(B)(iv), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (3) by inserting after paragraph (70)(B)(iv), 

13 the following new paragraph: 

14 ‘‘(71) provide that the State shall certify to the 

15 Secretary that the State has implemented proce16 dures to pay for medical assistance, including care 

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

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

19 section 1903(a)(43), furnished in a school-based 

20 health clinic (as defined in section 1905(y)) if pay21 ment would be made under the State plan for the 

22 same items and services if furnished in a physician’s 

23 office or other outpatient clinic (including if such 

24 payment would be included in the determination of 

25 a prepaid capitation or other risk-based rate of payVerDate Aug 31 2005 05:58 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1669.IS S1669

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1 ment to an entity under a contract pursuant to sec2 tion 1903(m)).’’. 

3 (b) DEFINITION OF SCHOOL-BASED HEALTH CLIN4 IC.—Section 1905 of such Act (42 U.S.C. 1396d) is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(y)(1) For purposes of this title, the term ‘school8 based health clinic’ means a health clinic that— 

9 ‘‘(A) is located in or near a school facility of a 

10 school district or board or of an Indian tribe or trib11 al organization; 

12 ‘‘(B) is organized through school, community, 

13 and health provider relationships; 

14 ‘‘(C) is administered by a sponsoring facility; 

15 ‘‘(D) provides through health professionals pri16 mary health services to children in accordance with 

17 State and local law, including laws relating to licen18 sure and certification; and 

19 ‘‘(E) satisfies such other requirements as a 

20 State may establish for the operation of such a clin21 ic. 

22 ‘‘(2) For purposes of paragraph (1)(D), the term ‘pri23 mary health services’ means the core services offered by 

24 a school-based health clinic, which shall include the fol25 lowing: 


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1 ‘‘(A) Comprehensive health assessments, diag2 nosis, and treatment of minor, acute, and chronic 

3 medical conditions and referrals to, and follow-up 

4 for, specialty care. 

5 ‘‘(B) Mental health assessments, crisis interven6 tion, counseling, treatment, and referral to a con7 tinuum of services including emergency psychiatric 

8 care, community support programs, inpatient care, 

9 and outpatient programs. 

10 ‘‘(C) Additional services, which may include 

11 oral health, social, and health education services. 

12 ‘‘(3) For purposes of paragraph (1)(C), the term 

13 ‘sponsoring facility’ is a community-based organization, 

14 which may include— 

15 ‘‘(A) a hospital; 

16 ‘‘(B) a public health department; 

17 ‘‘(C) a community health center; 

18 ‘‘(D) a nonprofit health care agency; 

19 ‘‘(E) a school or school system; or 

20 ‘‘(F) a program administered by the Indian 

21 Health Service or the Bureau of Indian Affairs or 

22 operated by an Indian tribe or a tribal organization 

23 under the Indian Self-Determination and Education 

24 Assistance Act (25 U.S.C. 450), a Native Hawaiian 

25 entity, or an Urban Indian program under title V of 


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1 the Indian Health Care Improvement Act (25 U.S.C. 

2 1601).’’. 

3 (c) APPLICATION TO SCHIP.—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)(71) (relating to pro12 cedures to ensure payment for covered services 

13 furnished in a school-based health clinic, as de14 fined in section 1905(y)).’’. 

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

16 this section take effect on October 1, 2007. 

Æ 


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