I
107TH CONGRESS
2D SESSION
H. R. 3949
To amend title XIX of the Social Security Act to require health maintenance
organizations and other managed care plans providing medical assistance
to Medicaid beneficiaries to make payments for assistance provided to
such beneficiaries by health centers in Federally-assisted housing for
the elderly, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 2002
Ms. VELA´ZQUEZ 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 require
health maintenance organizations and other managed
care plans providing medical assistance to Medicaid bene-
ficiaries to make payments for assistance provided to
such beneficiaries by health centers in Federally-assisted
housing for the elderly, and for other purposes.
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 ‘‘Healthcare Accessi-
bility for Seniors Act of 2002’’.
SEC. 2. REQUIRING MEDICAID HEALTH MAINTENANCE OR-
GANIZATIONS 
TO 
MAKE 
PAYMENTS 
FOR
SERVICES PROVIDED BY HEALTH CENTERS
IN FEDERALLY-ASSISTED HOUSING FOR THE
ELDERLY.
(a) IN GENERAL.—Section 1903(m)(2)(A) of the So-
cial Security Act (42 U.S.C. 1396b(m)(2)(A)) is
amended—
(1) by striking ‘‘and’’ at the end of clause (xi);
(2) by striking the period at the end of clause
(xii) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(xiii) such contract provides that—
‘‘(I) the entity’s network of participating
providers of such services shall include at least
one health center in Federally-assisted housing
for the elderly (as defined in section 1905(t)),
or
‘‘(II) the entity shall enter into a contract
for the provision of such services to such indi-
viduals with each such center (as so defined) lo-
cated in the entity’s service area, under terms
and conditions (including terms and conditions
relating to patient referrals and the sharing of
patient records) similar to those applicable to a
contract between the entity and a similar pro-
vider of such services in the area (in accordance
with standards established by the Secretary).’’.
(b) HEALTH
CENTER
IN
FEDERALLY-ASSISTED
HOUSING FOR THE ELDERLY DESCRIBED.—Section 1905
of such Act (42 U.S.C. 1396d) is amended by adding at
the end the following new subsection:
‘‘(t) The term ‘health center in Federally-assisted
housing for the elderly’ means a clinic which is located
at an Federally-assisted housing project (which may be re-
ceiving assistance under section 202 of the Housing Act
of 1959) in which elderly persons (as defined in section
3(b)(3)(D) of the United States Housing Act of 1937)
constitute a minimum of 25 percent of its residents and
which—
‘‘(1) provides physical examinations, injury
treatment, primary health services, mental health
services, and other services (to the extent permitted
under the laws or regulations of the State in which
it is located) on an on-site basis to residents of the
housing project (without regard to whether or not
the residents are enrolled in the State plan under
this title);
‘‘(2) refers such residents to other providers of
health care services for services which the center
does not provide on-site;
‘‘(3) has entered into arrangements with other
providers of health care services providing services
on a 24-hour, emergency basis;
‘‘(4) has on its staff at least one physician
(whether employed on a part-time or full-time basis);
at least one physician assistant, nurse practitioner,
or clinical nurse specialist; and at least one mental
health professional; and
‘‘(5) is approved or certified as such a clinic by
the State in which it is located.’’.
(c) PROHIBITION AGAINST WAIVER
OF REQUIRE-
MENT.—The Secretary of Health and Human Services
may not waive (pursuant to section 1115 or section 1915
of the Social Security Act or otherwise) the application
of section 1903(m)(2)(A)(xii) of the Social Security Act
(as added by subsection (a)) with respect to any State.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to contracts between
a State and a medicaid managed care entity for contract
years or periods that begin on or after 180 days after the
date of the enactment of this Act.
SEC. 3. ESTABLISHMENT OF CLEARINGHOUSE FOR INFOR-
MATION AND TECHNICAL ASSISTANCE ON
HEALTH CENTERS IN FEDERALLY-ASSISTED
HOUSING FOR THE ELDERLY.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Health and Human
Services shall establish a clearinghouse through which in-
terested parties may receive information and technical as-
sistance on the establishment and operation of health cen-
ters in Federally-assisted housing for the elderly.
SEC. 4. GRANTS FOR HEALTH CENTERS IN FEDERALLY-AS-
SISTED HOUSING FOR THE ELDERLY.
(a) IN GENERAL.—Part D of title III of the Public
Health Service Act (42 U.S.C. 254b et seq.) is amended
by adding at the end the following subpart:
‘‘Subpart X—Health Centers in Federally-Assisted
Housing for the Elderly
‘‘HEALTH CENTERS IN FEDERALLY-ASSISTED HOUSING
FOR THE ELDERLY
‘‘SEC. 340F. (a) IN GENERAL.—
‘‘(1) IN GENERAL.—The Secretary may make
grants to public and nonprofit private entities for
the purpose of making available to elderly persons
health services specified in subsection (d) at sites
that are on or in close proximity to Federally-as-
sisted housing projects for the elderly (or at such