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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3176 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3176

   To amend title XIX of the Social Security Act to require Medicaid 
       coverage of professional medical services of optometrists.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2009

Mr. Engel (for himself and Mr. Sullivan) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To amend title XIX of the Social Security Act to require Medicaid 
       coverage of professional medical services of optometrists.

    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 ``Optometric Fairness in Medicaid Act 
of 2009''.

SEC. 2. REQUIRING MEDICAID COVERAGE OF PROFESSIONAL MEDICAL SERVICES OF 
              OPTOMETRISTS.

    (a) In General.--Section 1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)) is amended--
            (1) in paragraph (5)--
                    (A) by striking ``and (B)'' and inserting ``, 
                (B)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (C) medical services that are 
                eligible for payment under the Medicaid program that 
                are furnished by an optometrist (described in section 
                1861(r)(4)) and that optometrists are legally 
                authorized to perform under State law''; and
            (2) by adding at the end the following: ``Paragraph (5)(C) 
        shall not be construed to expand the scope of practice for any 
        provider.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall take effect 90 days 
        after the date of the enactment of this Act and shall apply to 
        services furnished or other actions required on or after such 
        date.
            (2) Exception if state legislation required.--In the case 
        of a State plan for medical assistance under title XIX of the 
        Social Security Act which the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirements made by the amendments made by 
        subsection (a), the State plan shall not be regarded as failing 
        to comply with the requirements of such title solely on the 
        basis of its failure to meet these additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.
                                 <all>
```