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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3840 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 3840

  To amend title XXI of the Social Security Act to permit qualifying 
States to use a portion of their allotments under the State children's 
   health insurance program for any fiscal year for certain Medicaid 
                 expenditures, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2004

Mr. Nethercutt introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend title XXI of the Social Security Act to permit qualifying 
States to use a portion of their allotments under the State children's 
   health insurance program for any fiscal year for certain Medicaid 
                 expenditures, and for other purposes.

    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 ``Children's Health Equity Technical 
Amendments Act of 2004''.

SEC. 2. AUTHORITY FOR QUALIFYING STATES TO USE PORTION OF SCHIP 
              ALLOTMENT FOR ANY FISCAL YEAR FOR CERTAIN MEDICAID 
              EXPENDITURES.

    (a) In General.--Section 2105(g)(1)(A) of the Social Security Act 
(42 U.S.C. 1397ee(g)(1)(A)) (as added by section 1(b) of Public Law 
108-74) is amended by striking ``, 1999, 2000, or 2001'' and inserting 
``and any fiscal year thereafter''.
    (b) Special Rule for Use of Allotments for Fiscal Year 2002 or 
Thereafter.--Section 2105(g) of the Social Security Act (42 U.S.C. 
1397ee(g)) (as so added and as amended by Public Law 108-127) is 
amended--
            (1) in paragraph (2), by striking ``In this subsection'' 
        and inserting ``Subject to paragraph (4), in this subsection''; 
        and
            (2) by adding at the end the following:
            ``(4) Special rule regarding authority to use portion of 
        allotments for fiscal year 2002 or thereafter.--Notwithstanding 
        paragraph (2), the authority provided under paragraph (1)(A) 
        with respect to any allotment under section 2104 for fiscal 
        year 2002 or any fiscal year thereafter (insofar as the 
        allotment is available under subsections (e) and (g) of such 
        section), shall only apply to a qualifying State if the State 
        has implemented at least 3 of the following policies and 
        procedures (relating to coverage of children under title XIX 
        and this title):
                    ``(A) Uniform, simplified application form.--With 
                respect to children who are eligible for medical 
                assistance under section 1902(a)(10)(A), the State uses 
                the same uniform, simplified application form 
                (including, if applicable, permitting application other 
                than in person) for purposes of establishing 
                eligibility for benefits under title XIX and this 
                title.
                    ``(B) Elimination of asset test.--The State does 
                not apply any asset test for eligibility under section 
                1902(l) or this title with respect to children.
                    ``(C) Adoption of 12-month continuous enrollment.--
                The State provides that eligibility shall not be 
                regularly redetermined more often than once every year 
                under this title or for children described in section 
                1902(a)(10)(A).
                    ``(D) Same verification and redetermination 
                policies; automatic reassessment of eligibility.--With 
                respect to children who are eligible for medical 
                assistance under section 1902(a)(10)(A), the State 
                provides for initial eligibility determinations and 
                redeterminations of eligibility using the same 
                verification policies (including with respect to face-
                to-face interviews), forms, and frequency as the State 
                uses for such purposes under this title, and, as part 
                of such redeterminations, provides for the automatic 
                reassessment of the eligibility of such children for 
                assistance under title XIX and this title.
                    ``(E) Outstationing enrollment staff.--The State 
                provides for the receipt and initial processing of 
                applications for benefits under this title and for 
                children under title XIX at facilities defined as 
                disproportionate share hospitals under section 
                1923(a)(1)(A) and federally-qualified health centers 
                described in section 1905(l)(2)(B) consistent with 
                section 1902(a)(55).''.
    (c) Conforming Amendment.--Section 2105(g)(3) of the Social 
Security Act (42 U.S.C. 1397ee(g)(3)) is amended by striking 
``paragraphs (1) and (2)'' and inserting ``this subsection''.
    (d) Effective Date.--The amendments made by this section take 
effect as if enacted on October 1, 2003.
                                 <all>
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