I 
111TH CONGRESS 
1ST SESSION H. R. 2840 
To amend titles XIX and XXI of the Social Security Act to ensure payment 
under Medicaid and the State Children’s Health Insurance Program 
for covered items and services furnished by school-based health clinics. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2009 
Mr. SARBANES (for himself, Mr. TOWNS, Mr. DINGELL, Mr. MCGOVERN, Mr. 
WU, Mr. BLUMENAUER, Mrs. CAPPS, Ms. SUTTON, Mr. BRALEY of Iowa, 
Mr. PERLMUTTER, Ms. DEGETTE, Ms. SCHAKOWSKY, Ms. HARMAN, Ms. 
BALDWIN, and Ms. CASTOR of Florida) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend titles XIX and XXI of the Social Security Act 
to ensure payment under Medicaid and the State Chil-
dren’s Health Insurance Program for covered items and 
services furnished by school-based health clinics. 
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 ‘‘Healthy Schools Act 
of 2009’’. 
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SEC. 2. ASSURANCE OF PAYMENT UNDER MEDICAID AND 
CHIP FOR COVERED ITEMS AND SERVICES 
FURNISHED 
BY 
CERTAIN 
SCHOOL-BASED 
HEALTH CLINICS. 
(a) STATE PLAN REQUIREMENT.—Section 1902(a) 
of the Social Security Act (42 U.S.C. 1396a(a)), as 
amended by section 5006(e)(2)(A) of division B of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5), is amended— 
(1) in paragraph (72), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (73)(B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (73), the fol-
lowing new paragraph: 
‘‘(74) provide that the State shall certify to the 
Secretary that the State has implemented proce-
dures to pay for medical assistance (including care 
and services described in subsections (a)(4)(B) and 
(r) of section 1905 and provided in accordance with 
section 1902(a)(43)) furnished in a school-based 
health clinic, if payment would be made under the 
State plan for the same items and services if fur-
nished in a physician’s office or other outpatient 
clinic (including if such payment would be included 
in the determination of a prepaid capitation or other 
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risk-based rate of payment to an entity under a con-
tract pursuant to section 1903(m)).’’. 
(b) APPLICATION TO CHIP.—Section 2107(e)(1) of 
the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (D) as subparagraphs (C) through (E), re-
spectively; and 
(2) by inserting after subparagraph (A), the fol-
lowing new subparagraph: 
‘‘(B) Section 1902(a)(74) (relating to pro-
cedures to ensure payment for covered services 
furnished in a school-based health clinic).’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued to preempt or supersede State or local law with 
respect to whether a school-based health clinic provides 
family planning services and supplies. 
(d) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2009. 
Æ 
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