‘‘(3) Not later than July 1, 2010. 
‘‘(e) PREEMPTION; RELATION TO STATE LAWS.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed to preempt any State law in effect 
on the date of enactment of this section with respect 
to health insurance coverage that requires coverage 
of at least the coverage of HIV/AIDS or STI screen-
ing otherwise required under this section. 
‘‘(2) ERISA.—Nothing in this section shall be 
construed to affect or modify the provisions of sec-
tion 514 with respect to group health plans.’’. 
(B) In section 732(a) of such Act (29 
U.S.C. 1191a(a)), by striking ‘‘section 711’’ 
and inserting ‘‘sections 711 and 715’’. 
(C) In the table of contents in section 1 of 
such Act, by inserting after the item relating to 
section 714 the following new item: 
‘‘Sec. 715. Coverage for routine HIV/AIDS and STI screening.’’. 
(3) 
INTERNAL
REVENUE
CODE
AMEND-
MENTS.—The Internal Revenue Code of 1986 is 
amended as follows: 
(A) In subchapter B of chapter 100, by in-
serting after section 9813 the following: 
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‘‘SEC. 9814. COVERAGE FOR ROUTINE HIV/AIDS AND STI 
SCREENING. 
‘‘(a) COVERAGE.—A group health plan shall provide 
coverage for routine HIV/AIDS and STI screening under 
terms and conditions that are no less favorable than the 
terms and conditions applicable to other routine health 
screenings. 
‘‘(b) PROHIBITIONS.—A group health plan shall 
not— 
‘‘(1) deny to an individual eligibility, or contin-
ued eligibility, to enroll or to renew coverage under 
the terms of the plan, solely for the purpose of 
avoiding the requirements of this section; 
‘‘(2) deny coverage for routine HIV/AIDS or 
STI screening on the basis that there are no known 
risk factors present, or the screening is not clinically 
indicated, medically necessary, or pursuant to a re-
ferral, consent, or recommendation by any health 
care provider; 
‘‘(3) provide monetary payments, rebates, or 
other benefits to individuals to encourage such indi-
viduals to accept less than the minimum protections 
available under this section; 
‘‘(4) penalize or otherwise reduce or limit the 
reimbursement of a provider because such provider 
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provided care to an individual participant or bene-
ficiary in accordance with this section; 
‘‘(5) provide incentives (monetary or otherwise) 
to a provider to induce such provider to provide care 
to an individual participant or beneficiary in a man-
ner inconsistent with this section; or 
‘‘(6) deny to an individual participant or bene-
ficiary continued eligibility to enroll or to renew cov-
erage under the terms of the plan, solely because of 
the results of an HIV/AIDS or STI test, or other 
HIV/AIDS and STI screening procedure, for the in-
dividual or any other individual. 
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this 
section shall be construed— 
‘‘(1) to require an individual who is a partici-
pant or beneficiary to undergo HIV/AIDS or STI 
screening; or 
‘‘(2) as preventing a group health plan or issuer 
from imposing deductibles, coinsurance, or other 
cost-sharing in relation to HIV/AIDS or STI screen-
ing, except that such deductibles, coinsurance or 
other cost-sharing may not be greater than the 
deductibles, coinsurance, or other cost-sharing im-
posed on other routine health screenings.’’. 
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(B) In the table of contents for such sub-
chapter, by inserting after the item relating to 
section 9813 the following new item: 
‘‘Sec. 9814. Coverage for HIV/AIDS and STI screening.’’. 
(C) In section 4980D(d)(1), by striking 
‘‘section 9811’’ and inserting ‘‘sections 9811 
and 9814’’. 
(b) APPLICATION TO INDIVIDUAL HEALTH INSUR-
ANCE COVERAGE.— 
(1) Part B of title XXVII of the Public Health 
Service Act is amended by inserting after section 
2753 the following new section: 
‘‘SEC. 2754. COVERAGE FOR ROUTINE HIV/AIDS AND STI 
SCREENING. 
‘‘(a) IN GENERAL.—The provisions of section 2708 
(other than subsection (d)) shall apply to health insurance 
coverage offered by a health insurance issuer in the indi-
vidual market in the same manner as it applies to health 
insurance coverage offered by a health insurance issuer 
in connection with a group health plan in the small or 
large group market. 
‘‘(b) NOTICE.—A health insurance issuer under this 
part shall comply with the notice requirement under sec-
tion 715(d) of the Employee Retirement Income Security 
Act of 1974 with respect to the requirements referred to 
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in subsection (a) as if such section applied to such issuer 
and such issuer were a group health plan.’’. 
(2) Section 2762(b)(2) of such Act (42 U.S.C. 
300gg–62(b)(2)) is amended by striking ‘‘section 
2751’’ and inserting ‘‘sections 2751 and 2754’’. 
(c) APPLICATION
UNDER
FEDERAL
EMPLOYEES 
HEALTH BENEFITS PROGRAM.—Section 8902 of title 5, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(p) A contract may not be made or a plan approved 
which does not comply with the requirements of section 
2708 of the Public Health Service Act.’’. 
(d) EFFECTIVE DATES.—The amendments made— 
(1) by subsections (a) and (c) of this section 
apply with respect to group health plans and health 
benefit plans for plan years beginning on or after 
July 1, 2010; and 
(2) by subsection (b) of this section shall apply 
with respect to health insurance coverage offered, 
sold, issued, renewed, in effect, or operated in the 
individual market on or after January 1, 2010. 
(e) COORDINATION OF ADMINISTRATION.—The Sec-
retary of Labor, the Secretary of Health and Human Serv-
ices, and the Secretary of the Treasury shall ensure, 
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through the execution of an interagency memorandum of 
understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which two or more such Secretaries have re-
sponsibility under the provisions of this section (and 
the amendments made thereby) are administered so 
as to have the same effect at all times; and 
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
SEC. 105. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME 
HIV/AIDS 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: 
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(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(gg);’’. 
(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: 
‘‘(5) DISREGARDING MEDICAL ASSISTANCE FOR 
OPTIONAL
LOW-INCOME
HIV/AIDS
INFECTED
INDI-
VIDUALS.—The limitations under subsection (f) and 
the previous provisions of this subsection shall not 
apply to amounts expended for medical assistance 
for individuals described in section 1902(gg) who are 
only eligible for such assistance on the basis of sec-
tion 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 section, without 
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regard to whether or not final regulations to carry out 
such amendments have been promulgated by such date. 
TITLE II—INCREASED DATA COL-
LECTION 
AND 
EDUCATION 
FOR HISTORICALLY UNDER- 
REPRESENTED POPULATIONS 
SEC. 201. PEOPLE LIVING WITH DISABILITIES. 
(a) TRACKING
OF
INFORMATION.—The Director 
shall— 
(1) track national HIV/AIDS and STI screen-
ing trends and the burdens of HIV/AIDS and STIs 
among people with disabilities, including such per-
sons with mental, physical, cognitive, intellectual, or 
developmental disabilities; and 
(2) identify and assess the barriers that prevent 
such persons from accessing HIV/AIDS and STI 
screening. 
(b) TRACKING METHODOLOGY.— 
(1) IN GENERAL.—The tracking methods used 
by the Secretary under subsection (a) shall— 
(A) focus upon historically under-rep-
resented communities, including the deaf and 
hearing loss-related community and the cog-
nitive, intellectual, developmental, mobility, or 
mental health disability communities; and 
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(B) consider other factors that may con-
tribute to increased burdens of HIV/AIDS and 
STIs, including race, socio-economic status, re-
gion, gender identity, and sexual behavior. 
(2) SEXUAL ASSAULT DATA.—Tracking under 
subsection (a) shall include data collection on the in-
cidence of sexual assault on people with mental, 
physical, cognitive, intellectual, or developmental dis-
abilities for the purposes of understanding the prev-
alence of HIV/AIDS and STIs that result from such 
assaults. 
(c) DEAF AND HEARING LOSS COMMUNITY.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director, shall work with appropriate 
organizations and institutions to make comprehen-
sive sex education materials that promote voluntary 
screening for HIV/AIDS and STIs accessible to the 
deaf and hearing loss community through language 
(including American Sign Language), modalities (in-
cluding highly graphic formats with minimal text), 
and culturally appropriate information delivery. 
(2) HEALTH CAREERS AND EDUCATION.—The 
Secretary shall— 
(A) work with appropriate individuals, or-
ganizations, and institutions to increase the 
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number of people who are deaf or living with 
hearing loss in public health careers for the 
purposes of— 
(i) building the public health infra-
structure to improve data collection; and 
(ii) health information dissemination 
to people who are deaf or who live with 
hearing loss; and 
(B) engage students in elementary school, 
high school, college, and graduate school for the 
purposes of carrying out this paragraph. 
(d) COGNITIVE
AND
INTELLECTUAL
DISABILITY 
COMMUNITY.—The Secretary, acting through the Direc-
tor, shall work with appropriate national and local organi-
zations to make comprehensive sex education materials ac-
cessible to people with intellectual disabilities by— 
(1) using plain language; 
(2) educating service providers about the signs 
and symptoms of sexual assault among people with 
cognitive and intellectual disabilities; and 
(3) using other appropriate information delivery 
strategies. 
(e) WOMEN LIVING WITH SEVERE PHYSICAL DIS-
ABILITIES.—The Secretary, acting through the Director, 
shall work with Federal, State, and local entities to track 
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access to pelvic examinations, mammograms, and other 
women’s health services for women with severe mobility 
impairments with the goal of improving access to such 
services. 
SEC. 202. WOMEN WHO HAVE SEX WITH WOMEN. 
(a) NATIONAL SCREENING GUIDELINES.—The Sec-
retary, acting through the Director, shall work with Fed-
eral, State, and local health entities to ensure that na-
tional screening guidelines for cervical cancer state that 
WSW should be subject to the same screening guidelines 
for cervical cancer as women who have sex only with men. 
(b) INFORMATION COLLECTION.—The Secretary, act-
ing through the Director, shall, with respect to the WSW 
community— 
(1) track national trends in screening for HIV/ 
AIDS and other STIs; and 
(2) collect information on— 
(A) the burdens and behavior of HIV/ 
AIDS and STIs; and 
(B) other reproductive health concerns. 
SEC. 203. TRANSGENDER COMMUNITY. 
(a) DATA
COLLECTION.—The Secretary, acting 
through the Director, shall work with Federal, State, and 
local health entities and transgender communities to im-
prove information collection concerning the transmission, 
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