I
107TH CONGRESS
1ST SESSION
H. R. 2063
To amend title XIX of the Social Security Act to permit States the option
to provide Medicaid coverage for low-income individuals infected with HIV.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 2001
Ms. PELOSI (for herself, Mr. GEPHARDT, Mr. WAXMAN, Mr. BROWN of Ohio,
Mrs. MORELLA, Ms. LEE, Mr. BONIOR, Mrs. CHRISTENSEN, Mr.
RODRIGUEZ, Mr. UNDERWOOD, Ms. MILLENDER-MCDONALD, Mr. CLY-
BURN, Mrs. LOWEY, Mr. CUMMINGS, Mr. HORN, Mr. CROWLEY, Ms.
BALDWIN, Mrs. TAUSCHER, Mr. CAPUANO, Ms. SCHAKOWSKY, Mr.
MCDERMOTT, Mr. DICKS, Mr. TOWNS, Mr. SERRANO, Ms. ROYBAL-AL-
LARD, Mr. HINCHEY, Mr. BLAGOJEVICH, Mr. GREEN of Texas, Mr. GON-
ZALEZ, Ms. CARSON of Indiana, Mr. FILNER, Mr. JACKSON of Illinois,
Mrs. THURMAN, Mr. FROST, Mr. GUTIERREZ, Mr. FRANK, Mr. LANTOS,
Ms. RIVERS, Mrs. CAPPS, Mr. MALONEY of Connecticut, Mr. BRADY of
Pennsylvania, Mr. DELAHUNT, Ms. WOOLSEY, Mr. OWENS, Ms. SOLIS,
Mr. STARK, Ms. DELAURO, Mr. CONYERS, Mr. WYNN, Ms. ESHOO, Mr.
NEAL of Massachusetts, Ms. BROWN of Florida, Mr. SCHIFF, Mr. MAR-
KEY, Mr. OLVER, Ms. WATERS, Mr. CLAY, Ms. SLAUGHTER, Mr. RUSH,
Mr. INSLEE, Mr. FARR of California, Mr. RANGEL, Mr. MEEHAN, Mrs.
CLAYTON, Mrs. JONES of Ohio, Mr. PALLONE, Ms. MCCOLLUM, Mr.
ACKERMAN, Ms. JACKSON-LEE of Texas, Mr. HASTINGS of Florida, Mr.
GEORGE MILLER of California, Mr. ABERCROMBIE, Mrs. MEEK of Flor-
ida, Mr. PAYNE, Ms. VELA´ZQUEZ, Mrs. MINK
of Hawaii, Mrs.
NAPOLITANO, Ms. NORTON, Mr. THOMPSON of Mississippi, Mr. HILL-
IARD, Mr. WEINER, Ms. KILPATRICK, Mr. DEFAZIO, Mr. DAVIS of Illi-
nois, Ms. SANCHEZ, Mr. EVANS, Mr. UDALL of New Mexico, Mr. ENGEL,
Mr. BENTSEN, Mr. BERMAN, Mr. TIERNEY, Mr. HOLT, Mrs. MCCARTHY
of New York, Mr. NADLER, Mr. GORDON, Mr. BAIRD, Mr. MATSUI, Mr.
MCGOVERN, Mr. SANDERS, Mr. KILDEE, Mr. HONDA, Mr. SHERMAN,
Ms. LOFGREN, Mrs. MALONEY of New York, Mr. KLECZKA, Ms. BERK-
LEY, Ms. DEGETTE, Mr. FORD, Mr. FALEOMAVAEGA, and Mr. LARSON
of Connecticut) 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 permit
States the option to provide Medicaid coverage for low-
income individuals infected with HIV.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Early Treatment for
HIV Act of 2001’’.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME
HIV-INFECTED INDIVIDUALS.
(a) IN GENERAL.—Section 1902 of the Social Secu-
rity Act (42 U.S.C. 1396a), as amended by section 2(a)
of the Breast and Cervical Cancer Prevention and Treat-
ment Act of 2000 (Public Law 106–354; 114 Stat. 1381)
and section 702(b) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 (as en-
acted into law by section 1(a)(6) of Public Law 106–554),
is amended—
(1) in subsection (a)(10)(A)(ii)—
(A) by striking ‘‘or’’ at the end of sub-
clause (XVII);
(B) by adding ‘‘or’’ at the end of subclause
(XVIII); and
(C) by adding at the end the following new
subclause:
‘‘(XIX) who are described in sub-
section (cc) (relating to HIV-infected
individuals);’’; and
(2) by adding at the end the following new sub-
section:
‘‘(cc) HIV-infected individuals described in this sub-
section are individuals—
‘‘(1) who have HIV infection;
‘‘(2) whose income (as determined under the
State plan under this title with respect to disabled
individuals) does not exceed an amount (if any)
specified by the State that is not less than the high-
er of (A) the maximum amount of income a disabled
individual described in subsection (a)(10)(A)(i) may
have and obtain medical assistance under the plan,
or (B) in the case of a State that provides State
supplementary payments, the maximum amount of
income that an individual in the State may have and
be eligible for such a State supplementary payment;
and
‘‘(3) whose resources (as determined under the
State plan under this title with respect to disabled
individuals) do not exceed the maximum amount of
resources a disabled individual described in sub-
section (a)(10)(A)(i) may have and obtain medical
assistance under the plan.’’.
(b) APPLICATION OF PRESUMPTIVE ELIGIBILITY.—
Title XIX of the Social Security Act is amended by insert-
ing after section 1920B the following:
‘‘PRESUMPTIVE ELIGIBILITY FOR LOW-INCOME
INDIVIDUALS INFECTED WITH HIV
‘‘SEC. 1920C. (a) STATE OPTION.—A State plan ap-
proved under section 1902 may provide for making med-
ical assistance available to an individual described in sec-
tion 1902(cc) (relating to low-income individuals infected
with HIV) during a presumptive eligibility period.
‘‘(b) APPLICATION OF SAME RULES.—The provisions
of subsections (b) through (d) of section 1920B shall
apply to individuals described in subsection (a) and section
1902(cc) in the same manner as they apply to individuals
described in section 1920B(a) and section 1902(aa), re-
spectively.’’.
(c) EXEMPTION FROM FUNDING LIMITATION FOR
TERRITORIES.—Section 1108(g) of such Act (42 U.S.C.
1308(g)) is amended by adding at the end the following
new paragraph:
‘‘(3) DISREGARDING MEDICAL ASSISTANCE FOR
OPTIONAL
LOW-INCOME
HIV-INFECTED
INDIVID-
UALS.—The limitations under subsection (f) and the