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 
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 
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other cost-sharing may not be greater than the 
deductibles, coinsurance, or other cost-sharing im-
posed on other routine health screenings. 
‘‘(d) NOTICE.—A group health plan under this part 
shall comply with the notice requirement under section 
716(d) of the Employee Retirement Income Security Act 
of 1974 with respect to the requirements of this section 
as if such section applied to such plan. 
‘‘(e) PREEMPTION.—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 insur-
ance coverage that requires coverage of at least the cov-
erage of HIV/AIDS or STI screening otherwise required 
under this section.’’. 
(B) APPLICATION RULE.—For purposes of 
applying section 2729 of the Public Health 
Service Act, as inserted by subparagraph (A), 
to individual health insurance coverage before 
2014, the provisions of such section shall be 
treated as also included under part B of title 
XXVII of the Public Health Service Act. 
(2) ERISA AMENDMENTS.—The Employee Re-
tirement Income Security Act of 1974 is amended as 
follows: 
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(A) In subpart B of part 7 of subtitle B 
of title I, by adding at the end the following 
new section: 
‘‘SEC. 716. COVERAGE FOR ROUTINE HIV/AIDS AND STI 
SCREENING. 
‘‘(a) COVERAGE.—A group health plan, and a health 
insurance issuer offering group health insurance coverage, 
shall provide coverage for routine HIV 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, and a 
health insurance issuer offering group health insurance 
coverage, 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 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 referral, con-
sent, or recommendation by any health care pro-
vider; 
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‘‘(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 
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 test or other HIV screening 
procedure for the individual 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-
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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. 
‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.—A 
group health plan, and a health insurance issuer providing 
health insurance coverage in connection with a group 
health plan, shall provide notice to each participant and 
beneficiary under such plan regarding the coverage re-
quired by this section in accordance with regulations pro-
mulgated by the Secretary. Such notice shall be in writing 
and prominently positioned in any literature or cor-
respondence made available or distributed by the plan or 
issuer and shall be transmitted, by whichever is earliest 
of the following: 
‘‘(1) In the next mailing made by the plan or 
issuer to the participant or beneficiary. 
‘‘(2) As part of any yearly informational packet 
sent to the participant or beneficiary. 
‘‘(3) Not later than July 1, 2012. 
‘‘(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 
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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 716’’. 
(C) In the table of contents in section 1 of 
such Act, by inserting after the item relating to 
section 715 the following new item: 
‘‘Sec. 716. 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 9815 the following: 
‘‘SEC. 9816. 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— 
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‘‘(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 
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 
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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.’’. 
(B) In the table of contents for such sub-
chapter, by inserting after the item relating to 
section 9815 the following new item: 
‘‘Sec. 9816. Coverage for HIV/AIDS and STI screening.’’. 
(C) In section 4980D(d)(1), by striking 
‘‘section 9811’’ and inserting ‘‘sections 9811 
and 9816’’. 
(b) 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: 
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‘‘(p) A contract may not be made or a plan approved 
which does not comply with the requirements of section 
2729 of the Public Health Service Act.’’. 
(c) EFFECTIVE DATES.—Notwithstanding any other 
provision of law, the amendments made by subsections (a) 
and (b) shall apply with respect to plan years beginning 
on or after July 1, 2012, and with respect to health insur-
ance coverage issued on or after such date. 
(d) COORDINATION OF ADMINISTRATION.—The Sec-
retary of Labor, the Secretary of Health and Human Serv-
ices, and the Secretary of the Treasury shall ensure, 
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. 
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SEC. 104. 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 (XXI); 
(B) by adding ‘‘or’’ at the end of subclause 
(XXII); and 
(C) by adding at the end the following: 
‘‘(XXIII) on or before December 
31, 2013, who are described in sub-
section (ll) (relating to HIV/AIDS in-
fected individuals);’’; and 
(2) by adding at the end the following: 
‘‘(ll) individuals described in this subsection are indi-
viduals— 
‘‘(1) who are not described in subsection 
(a)(10)(A)(i); 
‘‘(2) who have HIV/AIDS, as defined under 
section 1905(ee); 
‘‘(3) 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-
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section (a)(10)(A)(i) may have to obtain medical as-
sistance under the plan; and 
‘‘(4) 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 to obtain medical as-
sistance under the plan.’’. 
(b) ENHANCED MATCH.— 
(1) IN GENERAL.—The first sentence of section 
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) 
and 
subclause 
(XXIII) 
of 
section 
1902(a)(10)(A)(ii)’’. 
(2) 
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) by striking ‘‘or’’ at the end of clause 
(xv); 
(B) by striking ‘‘or’’ at the end of clause 
(xvi), as amended by Public Law 111–148; 
(C) by adding ‘‘or’’ at the end of clause 
(xvii); and 
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(D) by inserting after clause (xvii) the fol-
lowing: 
‘‘(xviii) individuals described in sec-
tion 1902(a)(10)(A)(ii)(XXIII);’’. 
(c) 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: 
‘‘(6) 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(ll) who are 
only eligible for such assistance on the basis of sec-
tion 1902(a)(10)(A)(ii)(XXIII).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided by para-
graph (2), the amendments made by this section 
shall take effect on the date of the enactment of this 
section and shall apply to services furnished on or 
after such date. 
(2) RULES
FOR
CHANGES
REQUIRING
STATE 
LEGISLATION.—In the case of a State plan for med-
ical assistance under title XIX of the Social Security 
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Act which the Secretary of Health and Human Serv-
ices determines requires State legislation (other than 
legislation appropriating funds) in order for the plan 
to meet the additional requirement imposed by the 
amendments made by this section, the State plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet this additional requirement before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
State legislature that begins after the date of the en-
actment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
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 
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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 
(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. 
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(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 
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. 
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(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 
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. 
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(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, 
morbidity, and screening for HIV/AIDS and other STIs 
in transgender communities. 
(b) INFORMATION CLASSIFICATION.—For purposes 
of acquiring a comprehensive understanding of the unique 
health trends among, and aspects of, the transgender com-
munity, the Secretary shall promulgate regulations requir-
ing that, for purposes of public health studies requiring 
data collection, the fact that an individual is transgender 
shall be a distinct category and data point. 
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