[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9402 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9402
To require the coverage of testing for certain sexually transmitted
infections without the imposition of cost sharing, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2022
Ms. Williams of Georgia (for herself and Ms. Lee of California)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on Ways and
Means, Armed Services, Veterans' Affairs, and Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require the coverage of testing for certain sexually transmitted
infections without the imposition of cost sharing, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in STD Testing Act''.
SEC. 2. COVERAGE OF TESTING FOR CERTAIN SEXUALLY TRANSMITTED INFECTIONS
WITHOUT COST SHARING.
(a) Coverage of Testing Under Medicare Advantage.--
(1) Coverage.--Section 1852(a)(1)(B) of the Social Security
Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is amended--
(A) in clause (iv)--
(i) by redesignating subclause (VIII) as
subclause (IX); and
(ii) by inserting after subclause (VII) the
following new subclause:
``(VIII) Screening testing for each
of HIV, gonorrhea, syphilis,
trichomoniasis, and chlamydia (and the
administration of such tests) for which
benefits are provided under part B as
an additional preventive service.'';
and
(B) in clause (v), by striking ``and (VI)'' and
inserting ``(VI), and (VIII)''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply with respect to plan years beginning after such
date.
(b) Coverage of Testing Under Medicaid.--
(1) Coverage.--Section 1905(a) of such Act (42 U.S.C.
1396d(a)(3)) is amended--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by adding ``and''
at the end; and
(iii) by adding at the end the following
new subparagraph:
``(C) screening testing for each of HIV, gonorrhea,
syphilis, trichomoniasis, and chlamydia (and the
administration of such tests), if such testing (or
administration, as applicable) would be covered under
health insurance coverage pursuant to section
2713(a)(1) of the Public Health Service Act for an
individual enrolled under such coverage;''; and
(B) in paragraph (13), in the matter preceding
subparagraph (A), by inserting ``(other than testing
and services described in paragraph (3)(C))'' after
``preventive''.
(2) Elimination of cost-sharing.--Section 1916 of such Act
(42 U.S.C. 1396o) is amended--
(A) in subsection (a)(2), as amended by section
11405(a)(2)(A)(i)(II)-(IV) of Public Law 117-169--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J), by striking
``and'' at the end and inserting ``or''; and
(iii) by adding at the end the following
new subparagraph:
``(K) screening testing (and the administration of
such tests) described in section 1905(a)(3)(C); and'';
and
(B) in subsection (b)(2), as amended by section
11405(a)(2)(A)(ii)(II)-(IV) of Public Law 117-169--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J), by striking
``and'' at the end and inserting ``or''; and
(iii) by adding at the end the following
new subparagraph:
``(K) screening testing (and the administration of
such tests) described in section 1905(a)(3)(C); and''.
(3) Application to alternative cost-sharing.--Section
1916A(b)(3)(B) of such Act (42 U.S.C. 1396o-1(b)(3)(B)), as
amended by section 11405(a)(2)(B) of Public Law 117-169, is
amended by adding at the end the following new clause:
``(xv) Screening testing (and the
administration of such tests) described in
section 1905(a)(3)(C).''.
(4) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall take
effect on the date of the enactment of this Act and
shall apply with respect to calendar year quarters
beginning on or after the date that is one year after
such date.
(B) Exception if state legislation required.--In
the case of a State plan for medical assistance under
title XIX of the Social Security Act which the
Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made
by this subsection, 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
these additional requirements 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 enactment 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.
(c) Coverage of Testing for Uninsured Individuals as State
Option.--
(1) Coverage.--Section 1902(a) of such Act (42 U.S.C.
1396a(a)) is amended--
(A) in paragraph (10)(A)(ii)--
(i) in subclause (XXII), by striking ``or''
at the end;
(ii) in subclause (XXIII), by adding ``or''
at the end; and
(iii) by adding at the end the following
new subclause:
``(XXIV) who are uninsured
individuals (as defined in subsection
(ss)) who receive the screening testing
(and the administration of such tests)
described in section 1905(a)(3)(C);'';
(B) in the matter following paragraph (10)(G)--
(i) by striking ``and (XIX)'' and inserting
``(XIX)''; and
(ii) by striking the semicolon at the end
and inserting ``, and (XX) the medical
assistance made available to an uninsured
individual (as defined in subsection (ss)) who
is eligible for medical assistance only because
of subparagraph (A)(ii)(XXIV) shall be limited
to medical assistance for the screening testing
(and the administration of such tests)
described in section 1905(a)(3)(C);''; and
(C) in paragraph (55), in the matter preceding
subparagraph (A), by striking ``or
(a)(10)(A)(ii)(XXIII)'' and inserting
``(a)(10)(A)(ii)(XXIII), or (a)(10)(A)(ii)(XXIV)''.
(2) Federal medical assistance percentage.--Section 1905(b)
of such Act (42 U.S.C. 1396d(b)) is amended by adding at the
end the following new sentence: ``Notwithstanding the first
sentence of this subsection, the Federal medical assistance
percentage shall be 100 per centum with respect to (and,
notwithstanding any other provision of this title, available
for) medical assistance provided to uninsured individuals (as
defined in section 1902(ss)) who are eligible for such
assistance only on the basis of section
1902(a)(10)(A)(ii)(XXIV) and with respect to expenditures
described in section 1903(a)(7) that a State demonstrates to
the satisfaction of the Secretary are attributable to
administrative costs related to providing for such medical
assistance to such individuals under the State plan.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply with respect to calendar year quarters beginning on
or after such date.
(d) Coverage of Testing Under CHIP.--
(1) Required coverage of sexually transmitted infections
testing.--Section 2103(c) of such Act (42 U.S.C. 1397cc(c)), as
amended by section 11405(b)(1) of Public Law 117-169, is
amended by adding at the end the following new paragraph:
``(13) Required coverage of sexually transmitted infections
testing.--The child health assistance provided to a targeted
low-income child shall include coverage of any screening
testing for each of HIV, gonorrhea, syphilis, trichomoniasis,
and chlamydia (and the administration of such tests), if such
testing (or administration, as applicable) would be covered
under health insurance coverage pursuant to section 2713(a)(1)
of the Public Health Service Act for an individual enrolled
under such coverage.''.
(2) Elimination of cost-sharing.--Section 2103(e)(2) of
such Act (42 U.S.C. 1397cc(e)(2)) is amended--
(A) in the heading, by inserting ``sexually
transmitted infections testing,'' before ``or
pregnancy-related assistance''; and
(B) by inserting ``screening testing described in
subsection (c)(12) (and the administration of such
tests)'' before ``services described in section
1916(a)(2)(G)''.
(3) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall take
effect on the date of the enactment of this Act and
shall apply with respect to calendar year quarters
beginning on or after the date that is one year after
such date.
(B) Exception if state legislation required.--In
the case of a State child health plan for child health
assistance under title XXI of the Social Security Act
which the Secretary of Health and Human Services
determines requires State legislation (other than
legislation appropriating funds) in order for the plan
to meet the additional requirements imposed by the
amendments made by this subsection, the State child
health plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis
of its failure to meet these additional requirements
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 enactment 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.
(e) Coverage of Testing With Respect to Tricare.--
(1) Coverage.--Title 10, United States Code, is amended--
(A) in section 1074d--
(i) by redesignating subsection (b) as
subsection (c); and
(ii) by inserting before subsection (c), as
so redesignated, the following new subsection:
``(b) Coverage of Sexually Transmitted Infections Testing.--Members
and former members of the uniformed services entitled to medical care
under section 1074 or 1074a of this title shall also be entitled to
screening testing for each of HIV, gonorrhea, syphilis, trichomoniasis,
and chlamydia (and the administration of such tests), if such testing
(or administration, as applicable) would be covered under health
insurance coverage pursuant to section 2713(a)(1) of the Public Health
Service Act for an individual enrolled under such coverage, as part of
such medical care.''; and
(B) in section 1079(a), by adding at the end the
following new paragraph:
``(20) Screening testing for each of HIV, gonorrhea,
syphilis, trichomoniasis, and chlamydia (and the administration
of such tests), if such testing (or administration, as
applicable) would be covered under health insurance coverage
pursuant to section 2713(a)(1) of the Public Health Service Act
for an individual enrolled under such coverage, shall be
provided as appropriate.''.
(2) Elimination of cost-sharing.--Such title is further
amended--
(A) in section 1075a, by adding at the end the
following new subsection:
``(d) Elimination of Cost-Sharing for Sexually Transmitted
Infections Testing.--Notwithstanding any other provision under this
section, cost-sharing may not be imposed or collected with respect to
any beneficiary enrolled in TRICARE Prime for screening testing for
each of HIV, gonorrhea, syphilis, trichomoniasis, and chlamydia (and
the administration of such tests), if such testing (or administration,
as applicable) would be covered under health insurance coverage
pursuant to section 2713(a)(1) of the Public Health Service Act for an
individual enrolled under such coverage, that is provided under TRICARE
Prime.'';
(B) in section 1075(c), by adding at the end the
following new paragraph:
``(4) Notwithstanding any other provision under this
section, cost-sharing may not be imposed or collected with
respect to any beneficiary enrolled in TRICARE Select for
screening testing for each of HIV, gonorrhea, syphilis,
trichomoniasis, and chlamydia (and the administration of such
tests), if such testing (or administration, as applicable)
would be covered under health insurance coverage pursuant to
section 2713(a)(1) of the Public Health Service Act for an
individual enrolled under such coverage, that is provided under
TRICARE Select.''; and
(C) in section 1086(d)(3)--
(i) by redesignating subparagraph (C) as
subparagraph (D); and
(ii) by inserting before subparagraph (D),
as so redesignated, the following new
subparagraph:
``(C) Notwithstanding any other provision under
this section, cost-sharing may not be imposed or
collected under a plan under subsection (a) with
respect to a person described in paragraph (2) for
screening testing for each of HIV, gonorrhea, syphilis,
trichomoniasis, and chlamydia (and the administration
of such tests), if such testing (or administration, as
applicable) would be covered under health insurance
coverage pursuant to section 2713(a)(1) of the Public
Health Service Act for an individual enrolled under
such coverage.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1 of the year following the date
of the enactment of this Act.
(f) Coverage of Testing With Respect to Veterans.--
(1) Coverage.--Chapter 17 of title 38, United States Code,
is amended by inserting after section 1720J the following new
section (and conforming the table of sections at the beginning
of such chapter accordingly):
``Sec. 1720K. Sexually transmitted infections testing
``(a) Coverage of Sexually Transmitted Infections Testing.--The
Secretary shall furnish screening testing for each of HIV, gonorrhea,
syphilis, trichomoniasis, and chlamydia (and the administration of such
tests), if such testing (or administration, as applicable) would be
covered under health insurance coverage pursuant to section 2713(a)(1)
of the Public Health Service Act for an individual enrolled under such
coverage, to an eligible individual at a medical facility of the
Department pursuant to this section.
``(b) Eligibility.--An individual is eligible for the testing
described in subsection (a) if the individual is a veteran who is
enrolled in the system of annual patient enrollment established under
section 1705(a) of this title.
``(c) Prohibition on Cost-Sharing.--Notwithstanding subsections (f)
and (g) of section 1710 and section 1722A of this title, the Secretary
may not require an eligible individual to make any copayment for, or
charge such individual for any other cost of, the receipt of the
testing described in subsection (a).''.
(2) Effective date.--The amendments made by this subsection
shall take effect on January 1 of the year following the date
of the enactment of this Act.
(g) Coverage of Testing With Respect to Indians Receiving
Purchased/Referred Care.--
(1) Coverage.--The Secretary of Health and Human Services
shall cover, without the imposition of any cost sharing
requirements, the cost of providing screening testing (and the
administration of such tests) for each of HIV, gonorrhea,
syphilis, trichomoniasis, and chlamydia, if such testing (or
administration, as applicable) would be covered under health
insurance coverage pursuant to section 2713(a)(1) of the Public
Health Service Act for an individual enrolled under such
coverage, to Indians (as defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603)) receiving health
services through the Indian Health Service, including through
an Urban Indian Organization, regardless of whether such tests
have been authorized under the purchased/referred care system
funded by the Indian Health Service or are covered as a health
service of the Indian Health Service.
(2) Effective date.--This subsection shall take effect on
the date of the enactment of this Act and shall apply to items
and services furnished on or after the first day of the
calendar year beginning after such date.
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