Breast and Cervical Cancer Prevention and Treatment Act of 2000
PL 106-354 (H.R.4386), enacted 10/24/2000

PUBLIC LAW 106-354^OCT. 24, 2000 
114 STAT. 1381 
Public Law 106-354 
106th Congress 
An Act 
To amend title XIX of the Social Security Act to provide medical assistance for 
certain women screened and found to have breast or cervical cancer under a 
federally funded screening program, to amend the Public Health Service Act 
and the Federal Food, Drug, and Cosmetic Act with respect to surveillance and 
information concerning the relationship between cervical cancer and the human 
papillomavirus (HPV), and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Oct. 24, 2000 
[H.R. 4386] 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
Breast Cancer 
Prevention and 
Treatment Act of 
This Act may be cited as the "Breast and Cervical Cancer 42 USC1305 
Prevention and Treatment Act of 2000". 
note. 
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CER-
VICAL CANCER PATIENTS. 
(a) COVERAGE AS OPTIONAL CATEGORICALLY NEEDY GROUP.— 
(1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended— 
(A) in subclause (XVI), by striking "or" at the end; 
(B) in subclause (XVII), by adding "or" at the end; 
and 
(C) by adding at the end the following: 
"(XVIII) who are described in subsection (aa) 
(relating to certain breast or cervical cancer 
patients);". 
(2) GROUP DESCRIBED.—Section 1902 of the Social Security 
Act (42 U.S.C. 1396a) is amended by adding at the end the 
following: 
"(aa) Individuals described in this subsection are individuals 
who— 
"(1) are not described in subsection (a)(10)(A)(i); 
"(2) have not attained age 65; 
"(3) have been screened for breast and cervical cancer under 
the Centers for Disease Control and Prevention breast and 
cervical cancer early detection program established under title 
XV of the Public Health Service Act (42 U.S.C. 300k et seq.) 
in accordance with the requirements of section 1504 of that 
Act (42 U.S.C. 300n) and need treatment for breast or cervical 
cancer; and 
"(4) are not otherwise covered under creditable coverage, 
as defined in section 2701(c) of the Public Health Service Act 
(42 U.S.C. 300gg(c)).". 
114 STAT. 1382 
PUBLIC LAW 106-354—OCT. 24, 2000 
(3) LIMITATION ON BENEFITS.—Section 1902(a)(10) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in 
the matter following subparagraph (G)— 
(A) by striking "and (XIII)" and inserting "(XIII)"; and 
(B) by inserting ", and (XIV) the medical assistance 
made available to an individual described in subsection 
(aa) who is eligible for medical assistance only because 
of subparagraph (A)(10)(ii)(XVIII) shall be limited to med-
ical assistance provided during the period in which such 
an individual requires treatment for breast or cervical 
cancer" before the semicolon. 
(4) CONFORMING AMENDMENTS.—Section 1905(a) of the 
Social Security Act (42 U.S.C. 1396d(a)) is amended in the 
matter preceding paragraph (1)— 
(A) in clause (xi), by striking "or" at the end; 
(B) in clause (xii), by adding "or" at the end; and 
(C) by inserting after clause (xii) the following: 
"(xiii) individuals described in section 1902(aa),". 
(b) PRESUMPTIVE ELIGIBILITY.— 
(1) IN GENERAL.—Title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) is amended by inserting after section 
1920A the following: 
"PRESUMPTIVE ELIGIBILITY FOR CERTAIN BREAST OR CERVICAL 
CANCER PATIENTS 
42 use 
"SEC. 1920B. (a) STATE OPTION.—A State plan approved under 
I396r-lb. 
section 1902 may provide for making medical assistance available 
to an individual described in section 1902(aa) (relating to certain 
breast or cervical CEincer patients) during a presumptive eligibility 
period. 
"(b) DEFINITIONS.—For purposes of this section: 
"(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The term 'presump-
tive eligibility period' means, with respect to an individual 
described in subsection (a), the period that— 
"(A) begins with the date on which a qualified entity 
determines, on the basis of preliminary information, that 
the individual is described in section 1902(aa); and 
"(B) ends with (and includes) the earlier o
f
— 
"(i) the day on which a determination is made 
with respect to the eligibility of such individual for 
services under the State plan; or 
"(ii) in the case of such an individual who does 
not file an application by the last day of the month 
following the month during which the entity makes 
the determination referred to in subparagraph (A), 
such last day. 
"(2) QUALIFIED ENTITY.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
term 'qualified entity means any entity that— 
"(i) is eligible for payments under a State plan 
approved under this title; and 
"(ii) is determined by the State agency to be 
capable of making determinations of the type described 
in paragraph (1)(A). 
PUBLIC LAW 106-354—OCT. 24, 2000 
114 STAT. 1383 
"(B) REGULATIONS.—The Secretary may issue regula-
tions further Hmiting those entities that may become quali-
fied entities in order to prevent fraud and abuse and for 
other reasons. 
"(C) RULE OF CONSTRUCTION.—Nothing in this para-
graph shall be construed as preventing a State from lim-
iting the classes of entities that may become qualified 
entities, consistent with any limitations imposed under 
subparagraph (B). 
"(c) ADMINISTRATION.— 
"(1) IN GENERAL.—The State agency shall provide qualified 
entities with— 
"(A) such forms as are necessary for an application 
to be made by an individual described in subsection (a) 
for medical assistance under the State plan; and 
"(B) information on how to assist such individuals in 
completing and filing such forms. 
"(2) NOTIFICATION REQUIREMENTS.—^A qualified entity that 
determines under subsection (b)(1)(A) that an individual 
described in subsection (a) is presumptively eligible for medical 
assistance under a State plan shall— 
"(A) notify the State agency of the determination within 
5 working days after the date on which determination 
is made; and 
"(B) inform such individual at the time the determina-
tion is made that an application for medical assistance 
under the State plan is required to be made by not later 
than the last day of the month following the month during 
which the determination is made. 
"(3) APPLICATION FOR MEDICAL ASSISTANCE.—In the case 
of an individual described in subsection (a) who is determined 
by a qualified entity to be presumptively eligible for medical 
assistance under a State plan, the individual shall apply for 
medical assistance under such plan by not later than the last 
day of the month following the month during which the deter-
mination is made. 
"(d) PAYMENT.—Notwithstanding any other provision of this 
title, medical assistance that— 
"(1) is furnished to an individual described in subsection 
( a ) -
"(A) during a presumptive eligibility period; 
"(B) by a entity that is eligible for pa3anents under 
the State plan; and 
"(2) is included in the care and services covered by the 
State plan, 
shall be treated as medical assistance provided by such plan for 
purposes of clause (4) of the first sentence of section 1905(b).". 
(2) CONFORMING AMENDMENTS.— 
(A) Section 1902(a)(47) of the Social Security Act (42 
U.S.C. 1396a(a)(47)) is amended by inserting before the 
semicolon at the end the following: "and provide for making 
medical assistance available to individuals described in 
subsection (a) of section 1920B during a presumptive eligi-
bility period in accordance with such section". 
(B) Section 1903(u)(l)(D)(v) of such Act (42 U.S.C. 
1396b(u)(l)(D)(v)) is amended— 
(i) by striking "or for" and inserting ", for"; and 
114 STAT. 1384 
PUBLIC LAW 106-354—CKIT. 24, 2000 
{ii) by inserting before the period the following: 
", or for medical assistance provided to an individual 
described in subsection (a) of section 1920B during 
a presumptive eligibility period under such section". 
(c) ENHANCED MATCH.—The first sentence of section 1905(b) 
of the Social Security Act (42 U.S.C. 1396d(b)) is amended— 
(1) by striking "and" before "(3)"; and 
(2) by inserting before the period at the end the following: 
", and (4) the Federal medical assistance percentage shall be 
equal to the enhanced FMAP described in section 2105(b) with 
respect to medical assistance provided to individuals who are 
eligible for such assistance only on the basis of section 
1902(a)( 10)(A)(ii)(XVIII)". 
Applicability. 
(d) EFFECTIVE DATE.—^The amendments made by this section 
42 use 1396a 
apply to medical assistance for items and services furnished on 
°°*®; 
or after October 1, 2000, without regard to whether final regulations 
to carry out such amendments have been promulgated by such 
date. 
Approved October 24, 2000. 
LEGISLATIVE HISTORY—H.R. 4386 (S. 662): 
SENATE REPORTS: No. 106-323 accompanying S. 662 (Comm. on Finance). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
May 9, considered and passed House. 
Oct. 4, considered and passed Senate, amended, in lieu of S. 662. 
Oct. 12, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 24, Presidential statement.