II 

109TH CONGRESS 

2D SESSION S. 3924 

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 

SEPTEMBER 21, 2006 

Ms. CANTWELL (for herself, Mrs. MURRAY, Mr. BINGAMAN, 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)) is amended 


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1 by striking ‘‘not more than 20 percent of any allotment 

2 under section 2104 for fiscal year 1998, 1999, 2000, 

3 2001, 2004, or 2005’’ and inserting ‘‘all or any portion 

4 of any allotment made to the State under section 2104 

5 for a fiscal year’’. 

6 (b) ADDITIONAL REQUIREMENTS.—Section 

7 2105(g)(2) of such Act (42 U.S.C. 1397ee(g)(2)) is 

8 amended— 

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

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

11 satisfies all of the requirements of subparagraph 

12 (B). 

13 ‘‘(A) STATE DESCRIBED.—A State de14 scribed in this subparagraph is a State that, 

15 on’’; and 

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

17 ‘‘(B) REQUIREMENTS.—The requirements 

18 of this subparagraph are the following: 

19 ‘‘(i) NO REDUCTION IN MEDICAID OR

20 SCHIP INCOME ELIGIBILITY.—Since Janu21 ary 1, 2001, the State has not reduced the 

22 income, assets, or resource requirements 

23 for eligibility for medical assistance under 

24 title XIX or for child health assistance 

25 under this title. 


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1 ‘‘(ii) NO WAITING LIST IMPOSED.— 

2 The State does not impose any numerical 

3 limitation, waiting list, or similar limita4 tion on the eligibility of children for med5 ical assistance under title XIX or child 

6 health assistance under this title and does 

7 not limit the acceptance of applications for 

8 such assistance. 

9 ‘‘(iii) PROVIDES ASSISTANCE TO ALL

10 CHILDREN WHO APPLY AND QUALIFY.— 

11 The State provides medical assistance 

12 under title XIX or child health assistance 

13 under this title to all children in the State 

14 who apply for and meet the eligibility 

15 standards for such assistance. 

16 ‘‘(iv) PROTECTION AGAINST INABILITY

17 TO PAY PREMIUMS OR COPAYMENTS.—The 

18 State ensures that no child loses coverage 

19 under title XIX or this title, or is denied 

20 needed care, as a result of the child’s par21 ents’ inability to pay any premiums or 

22 cost-sharing required under such title. 

23 ‘‘(v) ADDITIONAL REQUIREMENTS.— 

24 The State has implemented at least 3 of 

25 the following policies and procedures (reVerDate Aug 31 2005 01:42 Sep 26, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3924.IS S3924

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1 lating to coverage of children under title 

2 XIX and this title): 

3 ‘‘(I) SIMPLIFIED APPLICATION

4 FORM.—With respect to children who 

5 are eligible for medical assistance 

6 under title XIX, the State uses the 

7 same simplified application form (in8 cluding, if applicable, permitting ap9 plication other than in person) for 

10 purposes of establishing eligibility for 

11 assistance under title XIX and this 

12 title. 

13 ‘‘(II) ELIMINATION OF ASSET

14 TEST.—The State does not apply any 

15 asset test for eligibility under title 

16 XIX or this title with respect to chil17 dren. 

18 ‘‘(III) ADOPTION OF 12-MONTH

19 CONTINUOUS ENROLLMENT.—The 

20 State provides that eligibility shall not 

21 be regularly redetermined more often 

22 than once every year under this title 

23 or for children eligible for medical as24 sistance under title XIX. 


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1 ‘‘(IV) SAME VERIFICATION AND

2 REDETERMINATION POLICIES; AUTO3 MATIC REASSESSMENT OF ELIGI4 BILITY.—With respect to children who 

5 are eligible for medical assistance 

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

7 State provides for initial eligibility de8 terminations and redeterminations of 

9 eligibility using the same verification 

10 policies (including with respect to 

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

12 frequency as the State uses for such 

13 purposes under this title, and, as part 

14 of such redeterminations, provides for 

15 the automatic reassessment of the eli16 gibility of such children for assistance 

17 under title XIX and this title. 

18 ‘‘(V) OUTSTATIONING ENROLL19 MENT STAFF.—The State provides for 

20 the receipt and initial processing of 

21 applications for benefits under this 

22 title and for children under title XIX 

23 at facilities defined as dispropor24 tionate share hospitals under section 

25 1923(a)(1)(A) and Federally-qualified 


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1 health centers described in section 

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

3 1902(a)(55).’’. 

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

5 this section shall take effect on October 1, 2006, and shall 

6 apply to expenditures described in section 

7 2105(g)(1)(B)(ii) of the Social Security Act (42 U.S.C. 

8 1397ee(g)(1)(B)(ii)) that are made after that date. 

Æ 


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