I 
108TH CONGRESS 
2D SESSION 
H. R. 3859 
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 
FEBRUARY 26, 2004 
Ms. PELOSI (for herself, Mr. GEPHARDT, Mr. LEACH, Ms. ROS-LEHTINEN, 
Mr. HOYER, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, Ms. BALD-
WIN, Ms. BERKLEY, Mr. BOEHLERT, Mr. BONNER, Mrs. BONO, Mr. 
BRADY of Pennsylvania, Mrs. CHRISTENSEN, Mr. CUMMINGS, Mr. DAVIS 
of Illinois, Mrs. DAVIS of California, Ms. DELAURO, Mr. DEUTSCH, Mr. 
DOGGETT, Mr. EMANUEL, Mr. FERGUSON, Mr. FILNER, Mr. FOLEY, Mr. 
FRANK of Massachusetts, Mr. FRELINGHUYSEN, Mr. FROST, Mr. GAR-
RETT of New Jersey, Mr. GRIJALVA, Mr. HASTINGS of Florida, Mr. HIN-
CHEY, Mr. HOEFFEL, Mr. HOUGHTON, Ms. JACKSON-LEE of Texas, Mr. 
JEFFERSON, Mrs. KELLY, Mr. KIRK, Mr. KLECZKA, Mr. LANTOS, Mr. 
LARSEN of Washington, Ms. LEE, Ms. LOFGREN, Mr. LYNCH, Ms. 
MCCOLLUM, Mr. MCDERMOTT, Mr. MCNULTY, Mr. MICHAUD, Ms. 
MILLENDER-MCDONALD, Mr. GEORGE
MILLER
of California, Mr. 
NETHERCUTT, Mr. PAYNE, Mr. PRICE of North Carolina, Mr. QUINN, 
Mr. RODRIGUEZ, Mr. ROTHMAN, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. 
SERRANO, Mr. SHAYS, Mr. SHIMKUS, Mr. SIMMONS, Ms. SLAUGHTER, 
Mr. SMITH of New Jersey, Ms. SOLIS, Mr. STARK, Mr. SWEENEY, Mr. 
UDALL of Colorado, Mr. VAN HOLLEN, Mr. WALSH, Ms. WATERS, Mr. 
WAXMAN, and Mr. WEXLER) introduced the following bill; which was re-
ferred 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Early Treatment for 
HIV Act of 2004’’. 
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 (XVII); 
(B) by adding ‘‘or’’ at the end of subclause 
(XVIII); and 
(C) by adding at the end the following: 
‘‘(XIX) who are described in sub-
section (cc) (relating to HIV-infected 
individuals);’’; and 
(2) by adding at the end the following: 
‘‘(cc) HIV-infected individuals described in this sub-
section are individuals 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 
‘‘(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 (XIX) 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(cc);’’.
(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: 
‘‘(3) 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(cc) who are only 
eligible for such assistance on the basis of section 
1902(a)(10)(A)(ii)(XIX).’’. 
(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