[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5864 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5864

 To amend title XIX of the Social Security Act to provide for coverage 
 under the Medicaid program of non-invasive prenatal genetic screening.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2023

Mr. Fitzpatrick (for himself and Ms. Clarke of New York) 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 provide for coverage 
 under the Medicaid program of non-invasive prenatal genetic screening.

    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 ``Expanded Genetic Screening Act''.

SEC. 2. MEDICAID COVERAGE OF NON-INVASIVE PRENATAL GENETIC SCREENING.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (A), by striking at the end 
                ``and'';
                    (B) in subparagraph (B), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) non-invasive prenatal genetic screening for 
                pregnant women of all age groups (provided in a 
                facility, a home, or other setting), subject to the 
                informed consent requirement described in subsection 
                (jj);''; and
            (2) by adding at the end the following new subsection:
    ``(jj) Informed Consent Requirement for Non-invasive Prenatal 
Genetic Screening.--
            ``(1) In general.--For purposes of subsection (a)(3)(C), 
        the informed consent requirement described in this subsection 
        for non-invasive prenatal genetic screening furnished to a 
        pregnant woman is that, prior to furnishing the screening to 
        the woman, the provider of the screening gives the woman a full 
        disclosure that includes, at a minimum, the following 
        information:
                    ``(A) The limitations of the screening platform for 
                any genetic screen or test with the goal to identify 
                risk or diagnose a genetic condition.
                    ``(B) Any potential interferences that may affect 
                the screening's performance.
                    ``(C) Information about predictive values used by 
                the screening based on appropriate matching population 
                and inherent risk factors based on age, family history, 
                and other aneuploidy risk factors (such as ultrasound 
                abnormalities).
                    ``(D) The need for follow-up diagnostic testing to 
                confirm true positive results before decisions are made 
                about irrevocable clinical intervention.
            ``(2) No medical assistance available for screenings 
        provided without consent.--No payment may be made under section 
        1903(a) with respect to a non-invasive prenatal genetic 
        screening that is furnished to a pregnant woman without meeting 
        the requirement described in paragraph (1).''.
    (b) Conforming Amendment.--Section 1903(i) of the Social Security 
Act (42 U.S.C. 1396b(i)) is amended--
            (1) in paragraph (26), by striking ``; or'';
            (2) in paragraph (27), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (27) the following new 
        paragraph:
            ``(28) with respect to amounts expended for non-invasive 
        prenatal genetic screening services furnished to a pregnant 
        woman, unless the informed consent requirement of section 
        1905(jj) is met.''.
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