I 
111TH CONGRESS 
1ST SESSION H. R. 1616 
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 
MARCH 19, 2009 
Mr. ENGEL (for himself, Ms. PELOSI, Ms. ROS-LEHTINEN, Mr. WAXMAN, Mr. 
UPTON, Mr. PALLONE, Mrs. BONO MACK, Mr. RANGEL, Mr. KIRK, Mr. 
STARK, Mr. PAUL, Mr. MARKEY of Massachusetts, Mr. FRELINGHUYSEN, 
Mr. GORDON of Tennessee, Mr. DENT, Mr. RUSH, Mr. KING of New 
York, Mr. GENE GREEN of Texas, Mr. LINCOLN DIAZ-BALART of Flor-
ida, Ms. DEGETTE, Mr. MARIO DIAZ-BALART of Florida, Mrs. CAPPS, 
Mr. CASTLE, Mr. DOYLE, Mr. SMITH of New Jersey, Ms. HARMAN, Mr. 
MCCOTTER, Ms. SCHAKOWSKY, Mr. MCHUGH, Mr. GONZALEZ, Mr. 
LANCE, Mr. INSLEE, Mr. LOBIONDO, Ms. BALDWIN, Mr. GARRETT of 
New Jersey, Mr. WEINER, Mrs. BIGGERT, Ms. MATSUI, Mr. EHLERS, 
Mrs. CHRISTENSEN, Mr. LATHAM, Mr. HINCHEY, Mrs. EMERSON, and 
Mr. SESSIONS) 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Early Treatment for 
HIV Act of 2009’’. 
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) is amended— 
(1) in subsection (a)(10)(A)(ii)— 
(A) by striking ‘‘or’’ at the end of sub-
clause (XVIII); 
(B) by adding ‘‘or’’ at the end of subclause 
(XIX); and 
(C) by adding at the end the following: 
‘‘(XX) who are described in subsection (dd) (re-
lating to HIV-infected individuals);’’; and 
(2) by adding at the end the following: 
‘‘(dd) individuals described in this subsection are in-
dividuals not described in subsection (a)(10)(A)(i)— 
‘‘(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 the maximum amount 
of income a disabled individual described in sub-
section (a)(10)(A)(i) may have and obtain medical 
assistance under the plan; and 
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‘‘(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) ENHANCED MATCH.—The first sentence of sec-
tion 1905(b) of the Social Security Act (42 U.S.C. 
1396d(b)) 
is 
amended 
by 
striking 
‘‘section 
1902(a)(10)(A)(ii)(XVIII)’’ and inserting ‘‘subclause 
(XVIII) or (XX) of section 1902(a)(10)(A)(ii)’’. 
(c) CONFORMING AMENDMENTS.—Section 1905(a) of 
the Social Security Act (42 U.S.C. 1396d(a)) is amended 
in the matter preceding paragraph (1)— 
(1) by striking ‘‘or’’ at the end of clause (xii); 
(2) by adding ‘‘or’’ at the end of clause (xiii); 
and 
(3) by inserting after clause (xiii) the following: 
‘‘(xiv) individuals described in section 
1902(dd);’’. 
(d) EXEMPTION FROM FUNDING LIMITATION FOR 
TERRITORIES.—Section 1108(g) of the Social Security 
Act (42 U.S.C. 1308(g)) is amended by adding at the end 
the following: 
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‘‘(4) DISREGARDING MEDICAL ASSISTANCE FOR 
OPTIONAL
LOW-INCOME
HIV-INFECTED
INDIVID-
UALS.—The limitations under subsection (f) and the 
previous provisions of this subsection shall not apply 
to amounts expended for medical assistance for indi-
viduals described in section 1902(dd) who are only 
eligible for such assistance on the basis of section 
1902(a)(10)(A)(ii)(XX).’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to calendar quarters beginning on 
or after the date of the enactment of this Act, without 
regard to whether or not final regulations to carry out 
such amendments have been promulgated by such date. 
Æ 
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