IB
Union Calendar No. 353
106TH CONGRESS
2D SESSION
H. R. 1070
[Report No. 106–486, Part I]
To amend title XIX of the Social Security Act to provide medical assistance
for certain women screened and found to have breast or cervical cancer
under a federally funded screening program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1999
Mr. LAZIO (for himself, Ms. ESHOO, Ms. ROS-LEHTINEN, Mrs. CAPPS, Mrs.
MORELLA, Mrs. KELLY, Mr. BROWN of Ohio, Mr. GEORGE MILLER of
California, Mr. HORN, Mr. DIXON, Ms. PELOSI, Mr. LATOURETTE, Mr.
WAXMAN, Mr. SERRANO, Mr. GILMAN, Mr. MALONEY of Connecticut, Mr.
MEEHAN, Mr. WELDON of Pennsylvania, Mr. UNDERWOOD, Mr. SHOWS,
Mr. ABERCROMBIE, Mr. MCHUGH, Mr. ETHERIDGE, Mr. SANDERS, Mrs.
CLAYTON, Mr. WALSH, Mr. MCGOVERN, Mr. MCNULTY, Mr. FROST, Mr.
NEY, Mr. OLVER, Ms. MILLENDER-MCDONALD, Mr. CROWLEY, Mr.
SUNUNU, Mr. CLEMENT, Mr. STARK, Ms. CARSON, Mr. FOLEY, Mr.
COYNE, Mr. LANTOS, Mr. INSLEE, Mrs. WILSON, Mr. SHERMAN, Mr.
BALDACCI, Mr. BOEHLERT, Mr. LUTHER, Mr. HINOJOSA, Mr. DEFAZIO,
Mr. QUINN, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. WEYGAND,
Mr. FORBES, Mr. MEEKS of New York, Mr. NADLER, Mr. BARRETT of
Wisconsin, Ms. WOOLSEY, Mr. KUCINICH, Mr. KING, Ms. SLAUGHTER,
Mrs. TAUSCHER, Mr. BILBRAY, Mr. THOMPSON of Mississippi, Mr. HIN-
CHEY, Mr. KLECZKA, Mr. PAYNE, Mr. WYNN, Mr. JEFFERSON, Mr.
SMITH of New Jersey, Mr. MASCARA, Mr. LOBIONDO, Mr. OBERSTAR,
Mr. LEACH, Mr. RUSH, Mr. MATSUI, Mr. DINGELL, Mrs. EMERSON, Mr.
FILNER, Mrs. MYRICK, and Ms. LOFGREN) introduced the following bill;
which was referred to the Committee on Commerce
NOVEMBER 22, 1999
Reported with amendments and referred to the Committee on Ways and
Means for a period ending not later than February 29, 2000, for consid-
eration of such provisions of the bill and amendment as fall within the
jurisdiction of that committee pursuant to clause 1(s), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
FEBRUARY 29, 2000
Referral to the Committee on Ways and Means extended for a period ending
not later than March 2, 2000
MARCH 2, 2000
Referral to the Committee on Ways and Means extended for a period ending
not later than May 26, 2000
MAY 26, 2000
Additional sponsors: Mr. WEXLER, Mr. ALLEN, Mr. GREEN of Texas, Mr.
CUMMINGS, Mrs. THURMAN, Ms. BERKLEY, Ms. JACKSON-LEE of Texas,
Mr. MCINTYRE, Mrs. MCCARTHY of New York, Mr. CLAY, Mr. GARY
MILLER of California, Mr. DELAHUNT, Mr. LEWIS of Georgia, Mr.
MCDERMOTT, Mr. COOK, Mr. GIBBONS, Mr. MENENDEZ, Mrs. MEEK of
Florida, Ms. SCHAKOWSKY, Mr. DAVIS of Florida, Mr. FARR of Cali-
fornia, 
Mr. 
DIAZ-BALART, 
Ms. 
DEGETTE, 
Mr. 
BERMAN, 
Mr.
BLAGOJEVICH, Ms. NORTON, Ms. SANCHEZ, Mr. WEINER, Mr. GON-
ZALEZ, Mr. SANDLIN, Mr. MARTINEZ, Mr. BASS, Mr. CAPUANO, Mrs.
LOWEY, Mrs. MALONEY of New York, Mr. PHELPS, Mrs. NAPOLITANO,
Ms. EDDIE BERNICE JOHNSON of Texas, Ms. LEE, Ms. DELAURO, Mr.
BISHOP, Mrs. MINK of Hawaii, Mr. FRANK of Massachusetts, Mrs.
FOWLER, Mr. KENNEDY of Rhode Island, Mr. KIND, Mr. TIERNEY, Mr.
BENTSEN, Mr. WHITFIELD, Mr. WOLF, Mr. JACKSON of Illinois, Ms.
KAPTUR, Ms. MCKINNEY, Mr. CONDIT, Ms. RIVERS, Ms. WATERS, Ms.
KILPATRICK, Mr. PETERSON
of Pennsylvania, Mr. MOAKLEY, Mr.
LARSON, Mr. GOODLING, Mr. HYDE, Mr. BRADY of Pennsylvania, Mr.
TOWNS, Mr. POMEROY, Mr. ROEMER, Mr. EDWARDS, Mr. SKELTON, Ms.
BALDWIN, Ms. DANNER, Mr. BAKER, Mr. UPTON, Mr. METCALF, Mr.
BARTON of Texas, Mr. PASTOR, Mr. CASTLE, Mrs. BONO, Mrs. JOHNSON
of Connecticut, Mr. SHAYS, Mr. PALLONE, Mr. KLINK, Mr. STUPAK, Mr.
SNYDER, Mr. BOSWELL, Mr. BECERRA, Mr. VENTO, Ms. PRYCE of Ohio,
Mr. WATTS of Oklahoma, Mr. LAHOOD, Mr. HOUGHTON, Mrs. ROU-
KEMA, Mr. BILIRAKIS, Mr. BAIRD, Mr. MURTHA, Mrs. BIGGERT, Mr.
CAMP, Mr. RAMSTAD, Mr. BERRY, Mr. MARKEY, Mr. KUYKENDALL, Mr.
RODRIGUEZ, Mr. PASCRELL, Mr. ACKERMAN, Mr. BROWN of California,
Ms. VELA´ZQUEZ, Mr. BURR of North Carolina, Mr. ENGEL, Mr. BOU-
CHER, Mr. THOMPSON of California, Mr. DEUTSCH, Mr. GORDON, Mr.
SAWYER, Ms. ROYBAL-ALLARD, Ms. MCCARTHY
of Missouri, Mr.
STRICKLAND, Mr. BARCIA, Mr. HALL of Texas, Mr. COSTELLO, Mr.
GUTIERREZ, Mr. HILLIARD, Mr. HOEFFEL, Mrs. JONES of Ohio, Mr.
BONIOR, Mr. EHRLICH, Ms. BROWN of Florida, Ms. STABENOW, Mrs.
CHRISTENSEN, Mr. DAVIS of Illinois, Mr. GILCHREST, Mr. BURTON of
Indiana, Mr. HAYWORTH, Mr. RAHALL, Mr. FORD, Mr. GEJDENSON, Ms.
HOOLEY of Oregon, Mr. NEAL of Massachusetts, Mr. OWENS, Mr.
SWEENEY, Mr. OSE, Mr. LUCAS of Kentucky, Mr. PORTMAN, Ms. DUNN,
Mr. UDALL of New Mexico, Mr. BLUMENAUER, Mr. LAFALCE, Mr.
MORAN of Virginia, Mr. NORWOOD, Mr. PICKERING, Mr. BORSKI, Mr.
CLYBURN, Mr. MINGE, Mr. WATT of North Carolina, Mr. SMITH of
Washington, Mr. GILLMOR, Mr. NUSSLE, Mr. LIPINSKI, Mr. DEAL of
Georgia, Mr. UDALL of Colorado, Mr. WICKER, Mr. CUNNINGHAM, Mr.
SALMON, Mr. ANDREWS, Mr. CARDIN, Mr. DICKS, Mr. SHAW, Mr.
LAMPSON, Mr. BONILLA, Mr. BARRETT of Nebraska, Mr. SIMPSON, Mr.
JENKINS, Mr. COOKSEY, Mr. HEFLEY, Mr. ENGLISH, Mr. SAXTON, Mr.
PETRI, Mr. GANSKE, Mr. BACHUS, Mr. HASTINGS of Florida, Mr.
FRANKS of New Jersey, Mr. WELLER, Mr. WU, Mr. BARTLETT of Mary-
land, Mr. TALENT, Mr. SHADEGG, Mr. GALLEGLY, Mr. CANADY of Flor-
ida, Mr. KOLBE, Mr. VITTER, Mr. KILDEE, Mr. TERRY, Mr. BEREUTER,
Mr. CONYERS, Mr. COBURN, Mr. TANCREDO, Mr. EVANS, Mr. FLETCH-
ER, Mr. DOYLE, Mr. LEVIN, Mr. HALL of Ohio, Mr. RILEY, Mr. PORTER,
Mr. HOLDEN, Mr. GOODE, Mr. CRAMER, Mr. SCOTT, Mr. TRAFICANT,
Mr. PICKETT, Mr. TURNER, Mr. STENHOLM, Mr. SCHAFFER, Mr.
ISAKSON, Mr. TANNER, Mr. VISCLOSKY, Mr. REYES, Mr. EWING, Mr.
HOLT, Mr. SISISKY, Mr. MOORE, Mr. DOOLEY of California, Mr. ORTIZ,
Mr. GREEN of Wisconsin, Mr. SHIMKUS, Mr. SMITH of Texas, Mr.
MCCRERY, Mr. HILLEARY, Mr. PACKARD, Mr. REYNOLDS, Mr. MOL-
LOHAN, Mr. BACA, Mr. BOYD, Mr. RYAN of Wisconsin, Mr. GUTKNECHT,
Mr. WAMP, Mr. LATHAM, Mr. PETERSON of Minnesota, Mr. MANZULLO,
Mr. MCINNIS, and Mr. PEASE
MAY 26, 2000
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 11, 1999]
A BILL
To amend title XIX of the Social Security Act to provide
medical assistance for certain women screened and found
to have breast or cervical cancer under a federally funded
screening program.
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 ‘‘Breast and Cervical
Cancer Prevention and Treatment Act of 1999’’.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN
BREAST OR CERVICAL CANCER PATIENTS.
(a) COVERAGE AS OPTIONAL CATEGORICALLY NEEDY
GROUP.—
(1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of
the 
Social 
Security 
Act 
(42 
U.S.C.
1396a(a)(10)(A)(ii)) is amended—
(A) in subclause (XIII), by striking ‘‘or’’ at
the end;
(B) in subclause (XIV), by adding ‘‘or’’ at
the end; and
(C) by adding at the end the following:
‘‘(XV) who are described in sub-
section (aa) (relating to certain breast
or cervical cancer patients);’’.
(2) GROUP DESCRIBED.—Section 1902 of the So-
cial Security Act (42 U.S.C. 1396a) is amended by
adding at the end the following:
‘‘(aa) Individuals described in this paragraph are in-
dividuals who—
‘‘(1) 
are 
not 
described 
in 
subsection
(a)(10)(A)(i);
‘‘(2) have not attained age 65;
‘‘(3) have been screened for breast and cervical
cancer under the Centers for Disease Control and Pre-
vention breast and cervical cancer early detection
program established under title XV of the Public
Health Service Act (42 U.S.C. 300k et seq.) in accord-
ance with the requirements of section 1504 of that Act
(42 U.S.C. 300n) and need treatment for breast or
cervical cancer; and
‘‘(4) are not otherwise covered under creditable
coverage, as defined in section 2701(c) of the Public
Health Service Act (45 U.S.C. 300gg(c)).’’.
(3) 
LIMITATION
ON
BENEFITS.—Section
1902(a)(10) of the Social Security Act (42 U.S.C.
1396a(a)(10)) is amended in the matter following
subparagraph (F)—
(A) by striking ‘‘and (XIII)’’ and inserting
‘‘(XIII)’’; and
(B) by inserting ‘‘, and (XIV) the medical
assistance made available to an individual de-
scribed in subsection (aa) who is eligible for
medical assistance only because of subparagraph
(A)(10)(ii)(XV) shall be limited to medical as-
sistance provided during the period in which
such an individual requires treatment for breast
or cervical cancer’’ before the semicolon.
(4) 
CONFORMING
AMENDMENTS.—Section
1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended in the matter preceding para-
graph (1)—
(A) in clause (x), by striking ‘‘or’’ at the
end;
(B) in clause (xi), by adding ‘‘or’’ at the
end; and
(C) by inserting after clause (xi) the fol-
lowing:
‘‘(xii) 
individuals 
described 
in 
section
1902(aa),’’.
(b) PRESUMPTIVE ELIGIBILITY.—
(1) IN GENERAL.—Title XIX of the Social Secu-
rity Act (42 U.S.C. 1396 et seq.) is amended by in-
serting after section 1920A the following:
‘‘PRESUMPTIVE ELIGIBILITY FOR CERTAIN BREAST OR
CERVICAL CANCER PATIENTS
‘‘SEC. 1920B. (a) STATE OPTION.—A State plan ap-
proved under section 1902 may provide for making medical
assistance available to an individual described in section
1902(aa) (relating to certain breast or cervical cancer pa-
tients) during a presumptive eligibility period.
‘‘(b) DEFINITIONS.—For purposes of this section:
‘‘(1) PRESUMPTIVE
ELIGIBILITY
PERIOD.—The
term ‘presumptive eligibility period’ means, with re-
spect to an individual described in subsection (a), the
period that—
‘‘(A) begins with the date on which a quali-
fied entity determines, on the basis of prelimi-
nary information, that the individual is de-
scribed in section 1902(aa); and
‘‘(B) ends with (and includes) the earlier
of—
‘‘(i) the day on which a determination
is made with respect to the eligibility of
such individual for services under the State
plan; or
‘‘(ii) in the case of such an individual
who does not file an application by the last
day of the month following the month dur-
ing which the entity makes the determina-
tion referred to in subparagraph (A), such
last day.
‘‘(2) QUALIFIED ENTITY.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘qualified entity’ means any
entity that—
‘‘(i) is eligible for payments under a
State plan approved under this title; and
‘‘(ii) is determined by the State agency
to be capable of making determinations of
the type described in paragraph (1)(A).
‘‘(B) REGULATIONS.—The Secretary may
issue regulations further limiting those entities
that may become qualified entities in order to
prevent fraud and abuse and for other reasons.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in
this paragraph shall be construed as preventing
a State from limiting the classes of entities that
may become qualified entities, consistent with
any limitations imposed under subparagraph
(B).
‘‘(c) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The State agency shall pro-
vide qualified entities with—
‘‘(A) such forms as are necessary for an ap-
plication to be made by an individual described
in subsection (a) for medical assistance under
the State plan; and
‘‘(B) information on how to assist such in-
dividuals in completing and filing such forms.
‘‘(2) NOTIFICATION
REQUIREMENTS.—A quali-
fied entity that determines under subsection (b)(1)(A)
that an individual described in subsection (a) is pre-
sumptively eligible for medical assistance under a
State plan shall—
‘‘(A) notify the State agency of the deter-
mination within 5 working days after the date
on which determination is made; and
‘‘(B) inform such individual at the time the
determination is made that an application for
medical assistance under the State plan is re-
quired to be made by not later than the last day
of the month following the month during which
the determination is made.
‘‘(3) APPLICATION FOR MEDICAL ASSISTANCE.—
In the case of an individual described in subsection
(a) who is determined by a qualified entity to be pre-
sumptively eligible for medical assistance under a
State plan, the individual shall apply for medical as-
sistance under such plan by not later than the last
day of the month following the month during which
the determination is made.
‘‘(d) PAYMENT.—Notwithstanding any other provision
of this title, medical assistance that—
‘‘(1) is furnished to an individual described in
subsection (a)—
‘‘(A) during a presumptive eligibility pe-
riod;
‘‘(B) by a entity that is eligible for pay-
ments under the State plan; and
‘‘(2) is included in the care and services covered
by the State plan;
shall be treated as medical assistance provided by such plan
for purposes of section 1903.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 1902(a)(47) of the Social Secu-
rity Act (42 U.S.C. 1396a(a)(47)) is amended by
inserting before the semicolon at the end the fol-
lowing: ‘‘and provide for making medical assist-
ance available to individuals described in sub-
section (a) of section 1920B during a presump-
tive eligibility period in accordance with such
section’’.
(B) Section 1903(u)(1)(D)(v) of such Act
(42 U.S.C. 1396b(u)(1)(D)(v)) is amended—
(i) by striking ‘‘or for’’ and inserting
‘‘, for’’; and
(ii) by inserting before the period the
following: ‘‘, or for medical assistance pro-
vided to an individual described in sub-
section (a) of section 1920B during a pre-
sumptive eligibility period under such sec-
tion’’.
(c) ENHANCED MATCH.—The first sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended—
(1) by striking ‘‘,, (2)’’ and inserting ‘‘, (2)’’;
(2) by striking ‘‘and’’ before ‘‘(3)’’; and
(3) by inserting before the period at the end the
following: ‘‘, and (4) in the case of a State for which
the Federal medical assistance percentage is otherwise
less than 75 percent, it shall be equal to 75 percent
with respect to medical assistance provided to indi-
viduals who are eligible for such assistance only on
the basis of section 1902(a)(10)(A)(ii)(XV)’’.
(d) EFFECTIVE DATE.—The amendments made by this
section apply to medical assistance for items and services
furnished on or after October 1, 2000, without regard to
whether final regulations to carry out such amendments
have been promulgated by such date.
SEC. 3. HUMAN PAPILLOMAVIRUS; ACTIVITIES OF CENTERS
FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act
(42 U.S.C. 243 et seq.) is amended by inserting after section
317G the following section:
‘‘HUMAN PAPILLOMAVIRUS
‘‘SEC. 317H. (a) SURVEILLANCE.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Director of the Centers for Disease Con-
trol and Prevention, shall—
‘‘(A) enter into cooperative agreements with
States and other entities to conduct sentinel sur-
veillance or other special studies that would de-
termine the prevalence in various age groups
and populations of specific types of human
papillomavirus (referred to in this section as
‘HPV’) in different sites in various regions of the
United States, through collection of special speci-
mens for HPV using a variety of laboratory-
based testing and diagnostic tools; and
‘‘(B) develop and analyze data from the
HPV sentinel surveillance system described in
subparagraph (A).
‘‘(2) REPORT.—The Secretary shall make a
progress report to the Congress with respect to para-
graph (1) not later than one year after the effective
date of this section.
‘‘(b) PREVENTION
ACTIVITIES; EDUCATION
PRO-
GRAM.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Director of the Centers for Disease Con-
trol and Prevention, shall conduct prevention research
on HPV, including—
‘‘(A) behavioral and other research on the
impact of HPV-related diagnoses on individuals;
‘‘(B) formative research to assist with the
development of educational messages and infor-
mation for the public, for patients, and for their
partners about HPV;
‘‘(C) surveys of physician and public knowl-
edge, attitudes, and practices about genital HPV
infection; and
‘‘(D) upon the completion of and based on
the findings under subparagraphs (A) through
(C), develop and disseminate educational mate-
rials for the public and health care providers re-
garding HPV and its impact and prevention.
‘‘(2) REPORT; FINAL PROPOSAL.—The Secretary
shall make a progress report to the Congress with re-
spect to paragraph (1) not later than one year after
the effective date of this section, and shall develop a
final proposal not later than two years after such ef-
fective date, including a detailed summary of the sig-
nificant findings and problems. The report shall out-
line the further steps needed to make HPV a report-
able disease and the best strategies to prevent future
infections.
‘‘(c) CONDOM EFFECTIVENESS; EDUCATION.—The Sec-
retary shall require that the Department of Health and
Human Services and all contractors, grantees, and sub-
grantees of such Department specifically state the effective-
ness or lack of effectiveness of condoms in preventing the
transmission of HPV, herpes, and other sexually trans-
mitted diseases in all informational materials related to
condoms or sexually transmitted diseases that are made
available to the public. The Secretary shall assure that such
information is made available to relevant operating divi-
sions and offices of the Department of Health and Human
Services. This subsection shall be effective within 6 months
of the date of its enactment.’’.
SEC. 4. LABELING OF CONDOMS WITH RESPECT TO HUMAN
PAPILLOMAVIRUS.
(a) IN GENERAL.—Section 502 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 352) is amended by
adding at the end the following:
‘‘(u) If it is a condom, unless its label and labeling
bear information providing that condoms do not effectively
prevent the transmission of the human papillomavirus and
that such virus can cause cervical cancer.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies to condoms manufactured on or after
the expiration of the 180-day period beginning on the date
of the enactment of this Act.
SEC. 5. MENTAL HEALTH PARTIAL HOSPITALIZATION SERV-
ICES.
(a) LIMITATION ON LOCATION OF PROVISION OF SERV-
ICES.—
(1) IN GENERAL.—Section 1861(ff)(2) of the So-
cial Security Act (42 U.S.C. 1395x(ff)(2)) is amended
in the matter following subparagraph (I)—
(A) by striking ‘‘and furnished’’ and insert-
ing ‘‘furnished’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, and furnished other than in a skilled
nursing facility, residential treatment facility or
other residential setting (as determined by the
Secretary)’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) apply with respect to partial hos-
pitalization services furnished on or after the first
day of the third month beginning after the date of the
enactment of this Act.
(b) 
QUALIFICATIONS
FOR
COMMUNITY
MENTAL
HEALTH CENTERS.—
(1) IN GENERAL.—Section 1861(ff)(3)(B) of such
Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by strik-
ing ‘‘entity’’ and all that follows and inserting the
following: ‘‘entity that—
‘‘(i)(I) provides the mental health services de-
scribed in section 1913(c)(1) of the Public Health
Service Act; or
‘‘(II) in the case of an entity operating in a
State that by law precludes the entity from providing
a service described in such section itself, provides for
such service by contract with an approved organiza-
tion or entity (as determined by the Secretary);
‘‘(ii) meets applicable licensing or certification
requirements for community mental health centers in
the State in which it is located; and
‘‘(iii) meets such additional conditions as the
Secretary shall specify to ensure (I) the health and
safety of individuals being furnished such services,
(II) the effective and efficient furnishing of such serv-
ices, and (III) the compliance of such entity with the
criteria described in such section.’’.
(2) CLARIFICATION OF CRITERIA FOR COMMU-
NITY
MENTAL
HEALTH
CENTERS.—Section
1913(c)(1)(E) of the Public Health Service Act (42
U.S.C. 300x–3(c)(1)(E)) is amended to read as fol-
lows:
‘‘(E) Determining the clinical appropriate-
ness of admissions to inpatient psychiatric hos-
pitals by engaging a full-time mental health pro-
fessional who is licensed or certified to make such
a determination by the State involved.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection apply with respect to community
mental health centers furnishing services under the
medicare program on or after the first day of the
third month beginning after the date of the enactment
of this Act.
(c) REFINEMENT
OF PERIODICITY
OF REVIEW
OF
PLAN FOR PARTIAL HOSPITALIZATION SERVICES.—
(1) IN GENERAL.—Section 1835(a)(2)(F)(ii) of
the 
Social 
Security 
Act 
(42 
U.S.C.
1395n(a)(2)(F)(ii)) is amended by inserting ‘‘at a
reasonable rate (as determined by the Secretary)’’
after ‘‘is reviewed periodically’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) applies with respect to plans of care
for furnishing partial hospitalization services estab-
lished on or after the first day of the third month be-
ginning after the date of the enactment of this Act.
(d) RECERTIFICATION
OF PROVIDERS
OF PARTIAL
HOSPITALIZATION SERVICES.—
(1) IN GENERAL.—With respect to each commu-
nity mental health center that furnishes partial hos-
pitalization services for which payment is made
under title XVIII of the Social Security Act, the Sec-
retary of Health and Human Services shall provide
for periodic recertification to ensure that the provi-
sion of such services complies with applicable require-
ments of such title.
(2) DEADLINE FOR FIRST RECERTIFICATION.—
The first recertification under subsection (a) shall be
completed not later than one year after the date of the
enactment of this Act.
(e) GUIDELINES
FOR ITEMS
AND SERVICES COM-
PRISING PARTIAL HOSPITALIZATION SERVICES.—Not later
than one year after the date of the enactment of this Act,
the Secretary shall promulgate regulations using a nego-
tiated rulemaking process under subchapter III of chapter
5 of title 5, United States Code, for national coverage poli-
cies for partial hospitalization services furnished under title
XVIII of the Social Security Act, including for periodicity
of review under section 503 of this title.
SEC. 6. SENSE OF COMMITTEE ON COMMERCE TO FULLY
PAY FOR ADDITIONAL EXPENDITURES BE-
FORE PASSAGE BY THE HOUSE OF REP-
RESENTATIVES.
It is the sense of the Committee on Commerce of the
House of Representatives that the additional net expendi-
tures resulting from the enactment of this bill, as reported
by the Committee, should be fully offset in an appropriate
manner before the bill is passed by the House of
Representatives.
Amend the title so as to read: ‘‘A bill to amend title
XIX of the Social Security Act to provide medical assist-
ance for certain women screened and found to have
breast or cervical cancer under a federally funded screen-
ing program, to amend the Public Health Service Act and
the Federal Food, Drug, and Cosmetic Act with respect
to surveillance and information concerning the relation-
ship 
between 
cervical 
cancer 
and 
the 
human
papillomavirus (HPV), and for other purposes.’’.