for medical assistance under this title or child health 
assistance under title XXI. 
‘‘(F) CHILD DEFINED.—For purposes of this 
paragraph, the term ‘child’ means an individual 
under 19 years of age, or, at the option of a State, 
such higher age, not to exceed 21 years of age, as 
the State may elect.’’. 
(b) SCHIP.—Section 2107(e)(1) of such Act (42 
U.S.C. 1397gg(e)(1)) is amended by redesignating sub-
paragraph (B) and succeeding subparagraphs as subpara-
graph (C) and succeeding subparagraphs and by inserting 
after subparagraph (A) the following new subparagraph: 
‘‘(B) Section 1902(e)(13) (relating to the 
State option to rely on findings from an Ex-
press Lane agency to help evaluate a child’s eli-
gibility for medical assistance).’’. 
(c) ELECTRONIC TRANSMISSION OF INFORMATION.— 
Section 1902 of such Act (42 U.S.C. 1396a) is amended 
by adding at the end the following new subsection: 
‘‘(dd) ELECTRONIC TRANSMISSION
OF INFORMA-
TION.—If the State agency determining eligibility for med-
ical assistance under this title or child health assistance 
under title XXI verifies an element of eligibility based on 
information from an Express Lane Agency (as defined in 
subsection (e)(13)(F)), or from another public agency, 
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then the applicant’s signature under penalty of perjury 
shall not be required as to such element. Any signature 
requirement for an application for medical assistance may 
be satisfied through an electronic signature, as defined in 
section 1710(1) of the Government Paperwork Elimi-
nation Act (44 U.S.C. 3504 note). The requirements of 
subparagraphs (A) and (B) of section 1137(d)(2) may be 
met through evidence in digital or electronic form.’’. 
(d) AUTHORIZATION
OF
INFORMATION
DISCLO-
SURE.— 
(1) IN GENERAL.—Title XIX of the Social Se-
curity Act is amended— 
(A) by redesignating section 1939 as sec-
tion 1940; and 
(B) by inserting after section 1938 the fol-
lowing new section: 
‘‘SEC. 1939. AUTHORIZATION TO RECEIVE PERTINENT IN-
FORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, a Federal or State agency or private entity 
in possession of the sources of data potentially pertinent 
to eligibility determinations under this title (including eli-
gibility files maintained by Express Lane agencies de-
scribed in section 1902(e)(13)(F), information described 
in paragraph (2) or (3) of section 1137(a), vital records 
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information about births in any State, and information de-
scribed in sections 453(i) and 1902(a)(25)(I)) is author-
ized to convey such data or information to the State agen-
cy administering the State plan under this title, to the 
extent such conveyance meets the requirements of sub-
section (b). 
‘‘(b) REQUIREMENTS FOR CONVEYANCE.—Data or 
information may be conveyed pursuant to subsection (a) 
only if the following requirements are met: 
‘‘(1) The individual whose circumstances are 
described in the data or information (or such indi-
vidual’s parent, guardian, caretaker relative, or au-
thorized representative) has either provided advance 
consent to disclosure or has not objected to disclo-
sure after receiving advance notice of disclosure and 
a reasonable opportunity to object. 
‘‘(2) Such data or information are used solely 
for the purposes of— 
‘‘(A) identifying individuals who are eligi-
ble or potentially eligible for medical assistance 
under this title and enrolling or attempting to 
enroll such individuals in the State plan; and 
‘‘(B) verifying the eligibility of individuals 
for medical assistance under the State plan. 
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‘‘(3) An interagency or other agreement, con-
sistent with standards developed by the Secretary— 
‘‘(A) prevents the unauthorized use, disclo-
sure, or modification of such data and other-
wise meets applicable Federal requirements 
safeguarding privacy and data security; and 
‘‘(B) requires the State agency admin-
istering the State plan to use the data and in-
formation obtained under this section to seek to 
enroll individuals in the plan. 
‘‘(c) CRIMINAL PENALTY.—A private entity described 
in the subsection (a) that publishes, discloses, or makes 
known in any manner, or to any extent not authorized by 
Federal law, any information obtained under this section 
shall be fined not more than $1,000 or imprisoned not 
more than 1 year, or both, for each such unauthorized 
publication or disclosure. 
‘‘(d) RULE OF CONSTRUCTION.—The limitations and 
requirements that apply to disclosure pursuant to this sec-
tion shall not be construed to prohibit the conveyance or 
disclosure of data or information otherwise permitted 
under Federal law (without regard to this section).’’. 
(2) CONFORMING AMENDMENT TO TITLE XXI.— 
Section 
2107(e)(1) 
of 
such 
Act 
(42 
U.S.C. 
1397gg(e)(1)), as amended by subsection (b), is 
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amended by adding at the end the following new 
subparagraph: 
‘‘(F) Section 1939 (relating to authoriza-
tion to receive data potentially pertinent to eli-
gibility determinations).’’. 
(3) CONFORMING AMENDMENT TO PROVIDE AC-
CESS TO DATA ABOUT ENROLLMENT IN INSURANCE 
FOR PURPOSES OF EVALUATING APPLICATIONS AND 
FOR SCHIP.—Section 1902(a)(25)(I)(i) of such Act 
(42 U.S.C. 1396a(a)(25)(I)(i)) is amended— 
(A) by inserting ‘‘(and, at State option, in-
dividuals who are potentially eligible or who 
apply)’’ after ‘‘with respect to individuals who 
are eligible’’; and 
(B) by inserting ‘‘under this title (and, at 
State option, child health assistance under title 
XXI)’’ after ‘‘the State plan’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section are effective on January 1, 2008. 
Æ 
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