[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1826 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1826
To amend titles XIX and XXI of the Social Security Act to require a
State child health plan to include coverage of screening blood lead
tests, to codify such requirement under the Medicaid program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2021
Mr. Menendez (for himself, Mr. Portman, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend titles XIX and XXI of the Social Security Act to require a
State child health plan to include coverage of screening blood lead
tests, to codify such requirement under the Medicaid program, 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 ``Preventing Lead Poisoning Act of
2021''.
SEC. 2. REQUIRING A STATE CHILD HEALTH PLAN TO INCLUDE COVERAGE OF
SCREENING BLOOD LEAD TESTS; CODIFICATION OF REQUIREMENT
UNDER MEDICAID.
(a) CHIP.--
(1) In general.--Section 2103 of the Social Security Act
(42 U.S.C. 1397cc) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``paragraphs (5), (6), (7)
and (8)'' and inserting ``paragraphs (5) through
(12)''; and
(B) in subsection (c), by adding at the end the
following:
``(12) Coverage of screening blood lead tests.--
``(A) In general.--The child health assistance
provided to a targeted low-income child shall include
coverage of screening blood lead tests appropriate for
age and risk factors and at the times and in the
amounts specified in subparagraph (B).
``(B) Specified times and amounts.--The times and
amounts specified in this subparagraph are, with
respect to coverage of screening blood lead tests and a
targeted low-income child, the following:
``(i) 1 screening blood lead test at the
age of 12 months;
``(ii) 1 screening blood lead test at the
age of 24 months;
``(iii) in the case of a targeted low-
income child with no record of any screening
blood lead test having been performed and who
is between the ages of 24 months and 72 months,
1 screening blood lead test; and
``(iv) in the case of any targeted low-
income child, 1 or more screening blood lead
tests at other such times as are recommended by
the child's health care provider.''.
(2) Reporting requirements.--
(A) In general.--Section 2108 of such Act (42
U.S.C. 1397hh) is amended--
(i) by redesignating the subsection (e)
added by section 501(e)(2) of the Children's
Health Insurance Program Reauthorization Act of
2009 (Public Law 111-3, 123 Stat. 87) as
subsection (f); and
(ii) by adding at the end of the subsection
(e) added by section 402(a) of such Act (Public
Law 111-3, 123 Stat. 82), the following:
``(8)(A) The number of children provided a screening blood
lead test appropriate for age and risk factors in accordance
with paragraph (12) of section 2103(c), at the times and in the
amounts specified in subparagraph (B) of such paragraph.
``(B) The number of screening blood lead tests conducted in
the State in the fiscal year for all children eligible for
child health assistance up to 72 months of age, without regard
to the payor or source of funding for such screening blood lead
tests.''.
(B) Technical amendment.--Section 4302(b)(1)(B) of
Public Law 111-148 is amended by inserting ``, as added
by section 402(a) of Public Law 111-3,'' after ``(42
U.S.C. 1397hh(e))''.
(3) Effective date.--
(A) In general.--Subject to subparagraphs (B) and
(C), the amendments made by this subsection shall take
effect with respect to child health assistance provided
on or after the date that is 1 year after the date of
the enactment of this Act.
(B) Exception for state legislation.--In the case
of a State child health plan under title XXI of the
Social Security Act (or a waiver of such plan), which
the Secretary of Health and Human Services determines
requires State legislation in order for the respective
plan (or waiver) to meet any requirement imposed by the
amendments made by this subsection, the respective plan
(or waiver) 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 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of
the State legislature that begins after the date of
enactment of this section. 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.
(C) Technical amendment.--The amendment made by
paragraph (2)(B) shall take effect as if included in
the enactment of Public Law 111-148.
(b) Medicaid.--
(1) Specified times for screening blood lead tests.--
Section 1905(r) of the Social Security Act (42 U.S.C. 1396d(r))
is amended--
(A) in paragraph (1)(B)(iv), by inserting ``and at
the times and in the amounts specified in paragraph
(6)'' after ``factors''; and
(B) by inserting after paragraph (5) the following:
``(6) The times and amounts specified in this paragraph
are, with respect to coverage of screening blood lead tests and
an individual, the following:
``(A) 1 screening blood lead test at the age of 12
months;
``(B) 1 screening blood lead test at the age of 24
months;
``(C) in the case of an individual with no record
of any screening blood lead test having been performed
and who is between the ages of 24 months and 72 months,
1 screening blood lead test; and
``(D) in the case of any individual who is eligible
under the plan and is under the age of 21, 1 or more
screening blood lead tests at other such times as are
recommended by the individual's health care
provider.''.
(2) Reporting requirements.--Section 1902(a)(43)(D) of such
Act (42 U.S.C. 1396a(a)(43)(D)) is amended--
(A) in clause (iii), by striking ``section 2108(e)
and'' and inserting ``section 2108(e),'';
(B) in clause (iv), by striking the semicolon and
inserting ``, and''; and
(C) by inserting after clause (iv) the following:
``(v)(I) the number of children provided a
screening blood lead test appropriate for age
and risk factors in accordance with paragraph
(1)(B)(iv) of section 1905(r), at the times and
in the amounts specified in paragraph (6) of
such section, and
``(II) the number of screening blood lead
tests conducted in the State in the fiscal year
for all children eligible for medical
assistance up to 72 months of age, without
regard to the payor or source of funding for
such screening blood lead tests;''.
(c) Clarification.--None of the amendments made by this section
shall be construed as prohibiting a State from providing coverage of
screening blood lead tests under title XIX or XXI of the Social
Security Act at a frequency that is greater than the frequency
described in such amendments or to an individual outside of the ages
described in such amendments.
SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES.
Section 317O of the Public Health Service Act (42 U.S.C. 247b-16)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Grants for Purposes of State Coordination.--For purposes of
supporting State coordination of operations and activities as described
in subsection (b), the Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall award additional
grants to States receiving amounts under subsection (a) to support the
following activities in such States:
``(1) Development or maintenance of a State-based registry
of data related to blood lead testing of children up to 6 years
of age, which includes data on the number of children up 72
months of age tested for lead, the prevalence of confirmed
elevated blood lead levels in tested children less than 6 years
of age, and the insurance status of children tested for lead at
less than 6 years of age.
``(2) Development or maintenance of data-linking
capabilities between the State health department and State
Medicaid office with respect to blood lead testing for children
up to 72 months of age.
``(3) Regular reporting, as defined by the Secretary, of
blood lead testing data for children up to 72 months of age
regardless of the payor or source of funding for such blood
lead testing.
``(d) Best Practices.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall publish best
practices for data collection standards related to childhood blood lead
testing, with the aim of improving data standardization across relevant
State agencies.''; and
(3) in subsection (f), as so redesignated, by striking
``such sums as may be necessary for each of the fiscal years
2001 through 2005'' and inserting ``$5,000,000 for each of
fiscal years 2022 and 2023''.
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