I 

117TH CONGRESS 

1ST SESSION H. R. 3089 

To amend title XIX of the Social Security Act to streamline enrollment 

under the Medicaid program of certain providers across State lines, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Ms. CLARK of Massachusetts (for herself and Ms. HERRERA BEUTLER) 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 streamline 

enrollment under the Medicaid program of certain providers across State lines, and for other purposes. 

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 ‘‘Accelerating Kids’ Ac5 cess to Care Act’’. 


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1 SEC. 2. STREAMLINED ENROLLMENT PROCESS FOR ELIGI2 BLE OUT-OF-STATE PROVIDERS UNDER THE 

3 MEDICAID PROGRAM. 

4 (a) IN GENERAL.—Section 1902(kk) of the Social Se5 curity Act (42 U.S.C. 1396a(kk)) is amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(10) STREAMLINED ENROLLMENT PROCESS

8 FOR ELIGIBLE OUT-OF-STATE PROVIDERS.— 

9 ‘‘(A) IN GENERAL.—The State adopts and 

10 implements a process that enables an eligible 

11 out-of-State provider to enroll as a provider in 

12 the State plan without the imposition of addi13 tional screening requirements by the State. An 

14 eligible out-of-State provider that enrolls in the 

15 State plan through such process shall be so en16 rolled for a 5-year period and may revalidate 

17 such enrollment through such process for subse18 quent 5-year periods. 

19 ‘‘(B) DEFINITIONS.—In this paragraph: 

20 ‘‘(i) ELIGIBLE OUT-OF-STATE PRO21 VIDER.—The term ‘eligible out-of-State 

22 provider’ means, with respect to a State, a 

23 provider— 

24 ‘‘(I) that furnishes to qualifying 

25 individuals any item or service for 


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1 which payment is available under the 

2 State plan of the State; 

3 ‘‘(II) that is located in any other 

4 State; 

5 ‘‘(III) with respect to which the 

6 Secretary has determined there is a 

7 limited risk of fraud, waste, or abuse 

8 for purposes of determining the level 

9 of screening to be conducted under 

10 section 1866(j)(2)(B); 

11 ‘‘(IV) that has been screened 

12 under such section 1866(j)(2)(B) for 

13 purposes of enrolling in the Medicare 

14 program under title XVIII or the 

15 State plan of the State in which such 

16 provider is located; and 

17 ‘‘(V) that has not been excluded 

18 from participation in the Medicare 

19 program under such title or the Med20 icaid program under this title. 

21 ‘‘(ii) QUALIFYING INDIVIDUAL.—The 

22 term ‘qualifying individual’ means, with re23 spect to an eligible out-of-State provider— 

24 ‘‘(I) an individual under 18 years 

25 of age to whom the provider furnishes 


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1 items and services for the treatment 

2 of a condition; and 

3 ‘‘(II) an individual 18 years of 

4 age or older to whom the provider fur5 nishes items and services for the 

6 treatment of a condition that onset 

7 before such individual attained 18 

8 years of age.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) Section 1902(a)(77) of the Social Security 

11 Act (42 U.S.C. 1396a(a)(77)) is amended by insert12 ing ‘‘enrollment,’’ after ‘‘screening,’’. 

13 (2) Section 1902(kk) of such Act (42 U.S.C. 

14 1396a(kk)), as amended by subsection (a), is further 

15 amended— 

16 (A) in the subsection heading, by inserting 

17 ‘‘ENROLLMENT,’’ after ‘‘SCREENING,’’; and 

18 (B) in paragraph (9), by striking ‘‘Noth19 ing’’ and inserting ‘‘Except as provided in para20 graph (10), nothing’’. 

21 (3) Section 2107(e)(1)(G) of such Act (42 

22 U.S.C. 1397gg(e)(1)(G)) is amended by inserting 

23 ‘‘enrollment,’’ after ‘‘screening,’’. 

24 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 take effect on January 1, 2022. 

4 (2) EXCEPTION FOR STATE LEGISLATION.—In 

5 the case of a State plan under title XIX of the So6 cial Security Act (42 U.S.C. 1396 et seq.) or a State 

7 child health plan under title XXI of such Act (42 

8 U.S.C. 1397aa et seq.) which the Secretary of 

9 Health and Human Services determines requires 

10 State legislation (other than legislation appro11 priating funds) in order for the plan to meet the ad12 ditional requirements imposed by the amendments 

13 made by this section, such State plan or State child 

14 health plan shall not be regarded as failing to com15 ply with the requirements of such title XIX or title 

16 XXI, respectively, solely on the basis of its failure to 

17 meet these additional requirements before the first 

18 day of the first calendar quarter beginning after the 

19 close of the first regular session of the State legisla20 ture that begins after the date of the enactment of 

21 this Act. For purposes of the previous sentence, in 

22 the case of a State that has a 2-year legislative ses23 sion, each year of such session shall be deemed to 

24 be a separate regular session of the State legislature. 

Æ 


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