Special Needs Trust Fairness and Medicaid Improvement Act

Bill: 114-hr-670
Sponsor: full_name: Rep. Thompson, Glenn [R-PA-5]
Introduced: 2015-02-03
Policy area: Health
Subjects: Disability and paralysis

Health care coverage and access

Medicaid
Latest action: action_date: 2016-09-21
text: Received in the Senate and Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2015-02-03
action_desc: Introduced in House
text: <p><b>Special Needs Trust Fairness Act of 2015</b></p> <p> Amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage.</p> <p>Extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries.</p>

action_date: 2016-09-09
action_desc: Reported to House with amendment(s)
text: <p><b>Special Needs Trust Fairness and Medicaid Improvement Act</b></p> <p> (Sec. 2) This bill amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage.</p> <p> The bill extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries.</p> <p> (Sec. 3) Medicaid coverage of tobacco cessation services shall continue to be provided for mothers of newborns through the first year after the child's birth.</p> <p>The Inspector General of the Department of Health and Human Services must report to the Congress on the use of the tobacco cessation service benefit under the Medicaid program.</p> <p>(Sec. 4) The bill eliminates federal financial participation regarding expenditures under Medicaid for drugs used for cosmetic purposes or hair growth, except where such drugs are medically necessary.</p> <p> (Sec. 5) The bill makes additional funding available to the Medicaid Improvement Fund for FY2021 and FY2022.</p> <p>

action_date: 2016-09-20
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on September 9, 2016. The summary of that version is repeated here.)</p> <p><b>Special Needs Trust Fairness and Medicaid Improvement Act</b></p> <p> (Sec. 2) This bill amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage.</p> <p> The bill extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries.</p> <p> (Sec. 3) Medicaid coverage of tobacco cessation services shall continue to be provided for mothers of newborns through the first year after the child's birth.</p> <p>The Inspector General of the Department of Health and Human Services must report to the Congress on the use of the tobacco cessation service benefit under the Medicaid program.</p> <p>(Sec. 4) The bill eliminates federal financial participation regarding expenditures under Medicaid for drugs used for cosmetic purposes or hair growth, except where such drugs are medically necessary.</p> <p> (Sec. 5) The bill makes additional funding available to the Medicaid Improvement Fund for FY2021 and FY2022. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 670 IN THE HOUSE OF REPRESENTATIVES February 3, 2015 Mr. Thompson of Pennsylvania (for himself and Mr. Pallone ) 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 extend the Medicaid rules regarding supplemental needs trusts for Medicaid beneficiaries to trusts established by those beneficiaries, and for other purposes.

1. Short title This Act may be cited as the Special Needs Trust Fairness Act of 2015 . 2. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) ) is amended by inserting the individual, after for the benefit of such individual by . (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act.

tv_txt: IB 114th CONGRESS 2d Session H. R. 670 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title XIX of the Social Security Act to extend the Medicaid rules regarding supplemental needs trusts for Medicaid beneficiaries to trusts established by those beneficiaries, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Special Needs Trust Fairness and Medicaid Improvement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in Medicaid supplemental needs trusts. Sec. 3. Medicaid coverage of tobacco cessation services for mothers of newborns. Sec. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth. Sec. 5. Medicaid Improvement Fund. 2. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) ) is amended by inserting the individual, after for the benefit of such individual by . (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 3. Medicaid coverage of tobacco cessation services for mothers of newborns (a) In general Section 1905(bb) of the Social Security Act ( 42 U.S.C. 1396d(bb) ) is amended by adding at the end the following new paragraph: (4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman. . (b) Conforming amendments (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) are each amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after tobacco cessation by pregnant women . (2) Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after pregnant women . (c) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is 2 years after the date of the enactment of this Act. (2) Exception for state legislation In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an 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 effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report Not later than 2 years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program. Such report shall include an assessment of— (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth (a) In general Section 1903(i)(21) of the Social Security Act ( 42 U.S.C. 1396b(i)(21) ) is amended by inserting section 1927(d)(2)(C) (relating to drugs when used for cosmetic purposes or hair growth), except where medically necessary, and after drugs described in . (b) Effective date The amendment made by subsection (a) shall apply with respect to calendar quarters beginning on or after the date of the enactment of this Act. 5. Medicaid Improvement Fund Section 1941(b) of the Social Security Act ( 42 U.S.C. 1396w–1(b) ) is amended— (1) in paragraph (2)— (A) by striking under paragraph (1) and inserting under this subsection ; and (B) by redesignating such paragraph as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Additional funding In addition to any funds otherwise made available to the Fund, there shall be available to the Fund, for expenditures from the Fund— (A) for fiscal year 2021, $10,000,000, to remain available until expended; and (B) for fiscal year 2022, $14,000,000, to remain available until expended. .

Passed the House of Representatives September 20, 2016. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 2d Session H. R. 670 IN THE SENATE OF THE UNITED STATES September 21, 2016 Received; read twice and referred to the Committee on Finance AN ACT To amend title XIX of the Social Security Act to extend the Medicaid rules regarding supplemental needs trusts for Medicaid beneficiaries to trusts established by those beneficiaries, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Special Needs Trust Fairness and Medicaid Improvement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in Medicaid supplemental needs trusts. Sec. 3. Medicaid coverage of tobacco cessation services for mothers of newborns. Sec. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth. Sec. 5. Medicaid Improvement Fund. 2. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) ) is amended by inserting the individual, after for the benefit of such individual by . (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 3. Medicaid coverage of tobacco cessation services for mothers of newborns (a) In general Section 1905(bb) of the Social Security Act ( 42 U.S.C. 1396d(bb) ) is amended by adding at the end the following new paragraph: (4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman. . (b) Conforming amendments (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) are each amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after tobacco cessation by pregnant women . (2) Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after pregnant women . (c) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is 2 years after the date of the enactment of this Act. (2) Exception for state legislation In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an 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 effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report Not later than 2 years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program. Such report shall include an assessment of— (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth (a) In general Section 1903(i)(21) of the Social Security Act ( 42 U.S.C. 1396b(i)(21) ) is amended by inserting section 1927(d)(2)(C) (relating to drugs when used for cosmetic purposes or hair growth), except where medically necessary, and after drugs described in . (b) Effective date The amendment made by subsection (a) shall apply with respect to calendar quarters beginning on or after the date of the enactment of this Act. 5. Medicaid Improvement Fund Section 1941(b) of the Social Security Act ( 42 U.S.C. 1396w–1(b) ) is amended— (1) in paragraph (2)— (A) by striking under paragraph (1) and inserting under this subsection ; and (B) by redesignating such paragraph as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Additional funding In addition to any funds otherwise made available to the Fund, there shall be available to the Fund, for expenditures from the Fund— (A) for fiscal year 2021, $10,000,000, to remain available until expended; and (B) for fiscal year 2022, $14,000,000, to remain available until expended. .

Passed the House of Representatives September 20, 2016. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 570 114th CONGRESS 2d Session H. R. 670 [Report No. 114–734] IN THE HOUSE OF REPRESENTATIVES February 3, 2015 Mr. Thompson of Pennsylvania (for himself and Mr. Pallone ) introduced the following bill; which was referred to the Committee on Energy and Commerce September 9, 2016 Additional sponsors: Mr. Harper , Ms. Slaughter , Mr. Loebsack , Mr. Rush , Mr. Kelly of Pennsylvania , Mr. Marino , Mr. Hanna , Mr. Barletta , Mr. Huffman , Ms. Schakowsky , Mr. Pascrell , Mr. Blumenauer , Ms. Kuster , Mr. Murphy of Pennsylvania , Mr. Katko , Mr. DeSaulnier , Mr. Israel , Mr. Kennedy , Mr. Lance , Mr. Ruppersberger , Mrs. McMorris Rodgers , Mr. Hudson , Mr. Cramer , Mr. Frelinghuysen , Mr. Walberg , Mr. Bishop of Michigan , Mr. Fitzpatrick , Mr. Costello of Pennsylvania , Mrs. Comstock , Mr. Amodei , Mr. Gibson , Mr. Young of Alaska , Mr. Benishek , Mr. Gibbs , Mr. Sessions , Mr. Langevin , Mr. Long , Mr. Rodney Davis of Illinois , Mr. Kline , Mr. Heck of Nevada , Mr. Westerman , Mr. Bilirakis , Mr. Hardy , Mr. Fleischmann , Mr. Cicilline , Mr. McKinley , Ms. Wasserman Schultz , Mr. Pocan , Mr. Donovan , and Mr. Smith of New Jersey September 9, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 3, 2015 A BILL To amend title XIX of the Social Security Act to extend the Medicaid rules regarding supplemental needs trusts for Medicaid beneficiaries to trusts established by those beneficiaries, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Special Needs Trust Fairness and Medicaid Improvement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in Medicaid supplemental needs trusts. Sec. 3. Medicaid coverage of tobacco cessation services for mothers of newborns. Sec. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth. Sec. 5. Medicaid Improvement Fund. 2. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) ) is amended by inserting the individual, after for the benefit of such individual by . (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 3. Medicaid coverage of tobacco cessation services for mothers of newborns (a) In general Section 1905(bb) of the Social Security Act ( 42 U.S.C. 1396d(bb) ) is amended by adding at the end the following new paragraph: (4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman. . (b) Conforming amendments (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) are each amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after tobacco cessation by pregnant women . (2) Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended by inserting (and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section) after pregnant women . (c) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is two years after the date of the enactment of this Act. (2) Exception for state legislation In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an 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 effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report Not later than two years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program. Such report shall include an assessment of— (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth (a) In general Section 1903(i)(21) of the Social Security Act ( 42 U.S.C. 1396b(i)(21) ) is amended by inserting section 1927(d)(2)(C) (relating to drugs when used for cosmetic purposes or hair growth), except where medically necessary, and after drugs described in . (b) Effective date The amendment made by subsection (a) shall apply with respect to calendar quarters beginning on or after the date of the enactment of this Act. 5. Medicaid Improvement Fund Section 1941(b) of the Social Security Act ( 42 U.S.C. 1396w–1(b) ) is amended— (1) in paragraph (2)— (A) by striking under paragraph (1) and inserting under this subsection ; and (B) by redesignating such paragraph as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Additional funding In addition to any funds otherwise made available to the Fund, there shall be available to the Fund, for expenditures from the Fund— (A) for fiscal year 2021, $10,000,000, to remain available until expended; and (B) for fiscal year 2022, $14,000,000, to remain available until expended. .

September 9, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed