Text of US HB 1774 (2011)
Increasing Access to Voluntary Screening for HIV/AIDS and STIs Act of 2011
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As introduced
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I
112TH CONGRESS
1ST SESSION H. R. 1774
To provide for an evidence-based strategy for voluntary screening for HIV/
AIDS and other common sexually transmitted infections, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 2011
Mr. HASTINGS of Florida (for himself, Mr. CONYERS, Mr. GRIJALVA, Ms. LEE
of California, Mr. MCGOVERN, Mr. JACKSON of Illinois, Ms. WASSERMAN
SCHULTZ, Mr. BRADY of Pennsylvania, Mr. HINCHEY, Ms. NORTON, Mr.
DEUTCH, Mr. PAYNE, Mr. SERRANO, Mr. RUSH, Mrs. CHRISTENSEN, Ms.
MOORE, Mr. CLAY, Mr. JOHNSON of Georgia, Mr. QUIGLEY, Mr. FRANK
of Massachusetts, Ms. SCHAKOWSKY, Mr. RANGEL, Mr. POLIS, Mr.
CICILLINE, Mr. DAVIS of Illinois, and Ms. BALDWIN) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Education and the Work-
force, Ways and Means, and Oversight and Government Reform, 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 com-
mittee concerned
A BILL
To provide for an evidence-based strategy for voluntary
screening for HIV/AIDS and other common sexually
transmitted infections, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Increasing Access to Voluntary Screening for HIV/AIDS
3
and STIs Act of 2011’’.
4
(b) TABLE OF CONTENTS.—The table of contents for
5
this Act is as follows:
6
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I—COVERAGE OF HIV/AIDS AND STI SCREENING UNDER
PUBLIC
HEALTH
CARE
PROGRAMS
AND
GROUP
HEALTH
PLANS; COVERAGE OF CARE UNDER MEDICAID.
Sec. 101. Coverage of routine HIV/AIDS and STI screening tests under Med-
icaid.
Sec. 102. Coverage of HIV/AIDS and STI screening tests under Medicare.
Sec. 103. Coverage for routine HIV/AIDS and STI screening under group
health plans.
Sec. 104. Optional Medicaid coverage of low-income HIV/AIDS infected individ-
uals.
TITLE II—INCREASED DATA COLLECTION AND EDUCATION FOR
HISTORICALLY UNDER-REPRESENTED POPULATIONS
Sec. 201. People living with disabilities.
Sec. 202. Women who have sex with women.
Sec. 203. Transgender community.
Sec. 204. Report.
SEC. 2. FINDINGS.
7
Congress finds the following:
8
(1) Almost 19,000,000 new sexually trans-
9
mitted infections (STIs) occur each year in the
10
United States, and 50 percent of sexually active
11
Americans will contract a STI at some point in their
12
lives, the majority of which may be asymptomatic for
13
an extended amount of time.
14
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(2) Over 1,000,000 people in the United States
1
are living with HIV, and someone is infected with
2
HIV in the United States every 9.5 minutes.
3
(3) HIV/AIDS and STIs are syndemics. HIV
4
infection can increase a person’s risk for acquiring
5
certain STIs, as well as affect their frequency, sever-
6
ity, and healing time, while STIs increase the risk
7
of HIV transmission, impaired fertility, reproductive
8
tract cancer, and adverse pregnancy outcomes.
9
(4) Many common long-term and initially
10
asymptomatic STIs such as chlamydia, gonorrhea,
11
herpes, syphilis, inflammatory pelvic disease, viral
12
hepatitis, and HIV/AIDS remain undiagnosed, or di-
13
agnosed at later stages, leading to increased rates of
14
mortality, morbidity, disability, and transmission.
15
(5) In fact, an estimated 4.4 million Americans
16
are living with chronic hepatitis and most do not
17
know they are infected. Chronic hepatitis B can re-
18
main asymptomatic for years and, left undiagnosed
19
and untreated, can lead to serious complications.
20
Additionally, individuals infected with hepatitis C
21
virus (HCV) are at risk for chronic liver disease or
22
other HCV-related chronic diseases decades after in-
23
fection.
24
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(6) Stigma, culture, language, lack of edu-
1
cation, lack of insurance, limited time, cost and re-
2
sources in medical settings, and an inaccurate per-
3
ception of risk among communities and providers all
4
contribute to insufficient rates of screening for HIV/
5
AIDS and STIs.
6
(7) The Centers for Disease Control and Pre-
7
vention and the United States Preventive Services
8
Task Force recognize screening as an effective pub-
9
lic health tool that allows providers to administer
10
treatment before symptoms develop and implement
11
interventions that will reduce the likelihood of HIV/
12
AIDS and STI transmission and reduce the develop-
13
ment of adverse outcomes.
14
(8) The CDC recommends that voluntary
15
screening for HIV/AIDS be integrated into routine
16
clinical care while preserving patient confidentiality
17
and the right of the patient to decline testing and
18
screening.
19
(9) The CDC also recommends that all
20
unvaccinated, uninfected persons being evaluated for
21
a STI should receive hepatitis B vaccination. Fur-
22
thermore, anti-HCV testing is recommended for rou-
23
tine screening of asymptomatic persons based on
24
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•HR 1774 IH
their risk for infection or based on a recognized ex-
1
posure.
2
(10) Inaccurate perceptions of risk among
3
health care providers and patients, misdiagnosis,
4
ageism, generational mind-sets, and biological fac-
5
tors have contributed to increased rates in trans-
6
mission and late detection of HIV/AIDS and STIs
7
over the past decade.
8
(11) Health equity and disparities remain a sig-
9
nificant public health challenge, with the burden of
10
HIV/AIDS and STIs falling disproportionately on
11
different populations.
12
(12) Although African-Americans account for
13
about 12 percent of the United States population,
14
they account for nearly half of all HIV/AIDS cases
15
and infections and have higher instances of mor-
16
tality and morbidity for most STIs and HIV/AIDS.
17
Also, African-American women who have sex with
18
men account for the majority of HIV/AIDS infec-
19
tions among all women in the United States.
20
(13) HIV/AIDS continues to be most prevalent
21
among men who have sex with men (MSM). Contin-
22
ued support and increased funding for community-
23
based programs and behavioral interventions that
24
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are culturally competent are key to reaching MSM,
1
especially young MSM of color.
2
(14) Transgender persons are particularly vul-
3
nerable to contracting HIV/AIDS and STIs due to
4
high rates of survival sex among trans-females, dis-
5
crimination in education, employment, and housing,
6
and the absence of education and prevention meth-
7
ods culturally relevant to the transgender commu-
8
nity.
9
(15) Health care providers must be properly
10
educated to treat groups, such as MSM, transgender
11
persons, African-Americans, and Latinos who are
12
disproportionately affected by HIV/AIDS and other
13
STIs, and also improve interventions for groups that
14
have been historically under-represented in health
15
interventions for STIs, such as women who have sex
16
with women, individuals over the age of 50, Asian
17
and Pacific Islander Americans, Native Americans,
18
and persons living with disabilities.
19
(16) Women living with mobility impairments
20
often lack access to screening for STIs and other
21
women’s health services such as pelvic examinations
22
and mammograms due to, among other factors, the
23
lack of provider awareness, experience, and access to
24
equipment.
25
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•HR 1774 IH
(17) All individuals engaging in oral, anal, or
1
genital sexual contact must have access to voluntary
2
screening for HIV/AIDS and other STIs. Screening
3
must be confidential, rapid, accurate, and medically
4
appropriate. Screening must be offered regardless of
5
age, race, class, sexual behavior, sexual orientation,
6
gender identity, or disability.
7
(18) The Congress supports the goals of the
8
National HIV/AIDS Strategy and, in particular, the
9
goal of 90 percent of individuals knowing their HIV/
10
AIDS status.
11
SEC. 3. PURPOSE.
12
The purposes of this Act are as follows:
13
(1) Increase access, quality, and affordability
14
for voluntary and medically appropriate screening
15
for HIV/AIDS and other STIs, including chlamydia,
16
gonorrhea, syphilis, viral hepatitis, and human
17
papillomavirus, for all persons engaging in various
18
forms of sexual activity, including oral, genital, or
19
anal sex.
20
(2) Reduce the spread, morbidity, and mortality
21
of HIV/AIDS and other STIs.
22
(3) Reduce the disproportionate incidence of
23
HIV/AIDS and other STIs in certain groups
24
through early detection and treatment and com-
25
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•HR 1774 IH
prehensive education for health care providers, cen-
1
ters, and communities.
2
(4) Support the execution of other scientifically
3
based interventions that are culturally competent
4
and age appropriate and are proven to reduce the in-
5
cidence of HIV/AIDS and other STIs.
6
SEC. 4. DEFINITIONS.
7
In this Act:
8
(1) CDC.—The term ‘‘CDC’’ means the Cen-
9
ters for Disease Control and Prevention.
10
(2) CMS.—The term ‘‘CMS’’ means the Cen-
11
ters for Medicare & Medicaid Services.
12
(3) DIRECTOR.—The term ‘‘Director’’ means
13
the Director of the Centers for Disease Control and
14
Prevention.
15
(4) HIV/AIDS.—The term ‘‘HIV/AIDS’’ means
16
infection with the human immunodeficiency virus
17
and includes acquired immune deficiency syndrome
18
and any condition arising from such syndrome.
19
(5) MSM.—The term ‘‘MSM’’ means men who
20
have sex with men.
21
(6) SECRETARY.—The term ‘‘Secretary’’ means
22
the Secretary of Health and Human Services.
23
(7) STATE.—The term ‘‘State’’ means each of
24
the 50 States, the District of Columbia, the United
25
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•HR 1774 IH
States Virgin Islands, Guam, the Commonwealth of
1
Puerto Rico, the Commonwealth of the Northern
2
Mariana Islands, and American Samoa.
3
(8) STI.—The term ‘‘STI’’ means a sexually
4
transmitted infection that is recognized by the CDC,
5
including chlamydia, gonorrhea, syphilis, viral hepa-
6
titis, and human papillomavirus.
7
(9) WSW.—The term ‘‘WSW’’ means women
8
who have sex with women.
9
TITLE
I—COVERAGE
OF
HIV/
10
AIDS
AND
STI
SCREENING
11
UNDER
PUBLIC
HEALTH
12
CARE PROGRAMS AND GROUP
13
HEALTH PLANS; COVERAGE
14
OF CARE UNDER MEDICAID.
15
SEC. 101. COVERAGE OF ROUTINE HIV/AIDS AND STI
16
SCREENING TESTS UNDER MEDICAID.
17
(a) INCLUSION IN STATE PLAN.—Section 1902(a) of
18
the Social Security Act (42 U.S.C. 1396a(a)) is amended
19
in paragraph (10)(A), in the matter before clause (i), by
20
striking ‘‘and (28)’’ and inserting ‘‘(28), and (29)’’.
21
(b) INCLUSION IN MEDICAL ASSISTANCE.—
22
(1) IN GENERAL.—Section 1905(a) of the So-
23
cial Security Act (42 U.S.C. 1396d(a)) is amend-
24
ed—
25
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•HR 1774 IH
(A) in paragraph (28), by striking ‘‘and’’
1
at the end;
2
(B) by redesignating paragraph (29) as
3
paragraph (30); and
4
(C) by inserting after paragraph (28) the
5
following:
6
‘‘(29) routine HIV/AIDS and STI screening
7
services (as defined in subsection (ee)).’’.
8
(2) DEFINITION OF SERVICES.—Section 1905
9
of such Act is amended by adding at the end the fol-
10
lowing:
11
‘‘(ee)(1) For purposes of this section, the term ‘rou-
12
tine HIV/AIDS and STI screening services’ means all of
13
the following:
14
‘‘(A) A screening test for HIV/AIDS or
15
any other STI, if such test is provided to an in-
16
dividual who—
17
‘‘(i) is eligible for medical assistance
18
under the State plan; and
19
‘‘(ii) is described in clauses (ii)
20
through (v) of section 1861(iii)(1)(A).
21
‘‘(B) Each of the services described in sub-
22
paragraphs
(B)
through
(F)
of
section
23
1861(iii)(1).
24
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‘‘(2) DEFINITIONS.—For purposes of this sub-
1
section, the terms ‘HIV/AIDS’ and ‘STI’ have the
2
same
meaning
given
such
terms
in
section
3
1861(iii)(2).’’.
4
(c) NO COST SHARING FOR HIV/AIDS TESTING.—
5
(1) IN GENERAL.—Section 1916(a)(2) of the
6
Social Security Act (42 U.S.C. 1396o(a)(2)) is
7
amended—
8
(A) in subparagraph (D), by striking ‘‘or’’
9
at the end;
10
(B) in subparagraph (E), by striking ‘‘;
11
and’’ at the end and inserting ‘‘, or’’; and
12
(C) by adding at the end the following:
13
‘‘(F) routine HIV/AIDS and STI screening
14
services (as such term is defined in section
15
1905(ee)); and’’.
16
(2) LIMITATION ON STATE OPTION FOR ALTER-
17
NATIVE COST SHARING.—Section 1916A(b)(3)(B) of
18
the Social Security Act (42 U.S.C. 1396o–
19
1(b)(3)(B)) is amended by adding at the end the fol-
20
lowing:
21
‘‘(xi) Routine HIV/AIDS and STI
22
screening services (as such term is defined
23
in section 1905(ee)).’’.
24
(d) EFFECTIVE DATE.—
25
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(1) IN GENERAL.—Except as provided by para-
1
graph (2), the amendments made by this section
2
shall take effect on the date of the enactment of this
3
section and shall apply to services furnished on or
4
after such date.
5
(2) RULES
FOR
CHANGES
REQUIRING
STATE
6
LEGISLATION.—In the case of a State plan for med-
7
ical assistance under title XIX of the Social Security
8
Act which the Secretary of Health and Human Serv-
9
ices determines requires State legislation (other than
10
legislation appropriating funds) in order for the plan
11
to meet the additional requirement imposed by the
12
amendments made by this section, the State plan
13
shall not be regarded as failing to comply with the
14
requirements of such title solely on the basis of its
15
failure to meet this additional requirement before
16
the first day of the first calendar quarter beginning
17
after the close of the first regular session of the
18
State legislature that begins after the date of the en-
19
actment of this Act. For purposes of the previous
20
sentence, in the case of a State that has a 2-year
21
legislative session, each year of such session shall be
22
deemed to be a separate regular session of the State
23
legislature.
24
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•HR 1774 IH
SEC. 102. COVERAGE OF HIV/AIDS AND STI SCREENING
1
TESTS UNDER MEDICARE.
2
Section 1861 of the Social Security Act is amended—
3
(1) in subsection (s)—
4
(A) by striking ‘‘and’’ at the end of para-
5
graph (14);
6
(B) by striking the period at the end of
7
paragraph (15) and inserting ‘‘; and’’;
8
(C) by redesignating paragraphs (16) and
9
(17) as paragraphs (17) and (18), respectively;
10
and
11
(D) by inserting after paragraph (15) the
12
following:
13
‘‘(16) routine HIV/AIDS and STI screening
14
services (as such term is defined in subsection
15
(iii)).’’; and
16
(2) by adding at the end the following:
17
‘‘(iii) ROUTINE HIV/AIDS AND STI SCREENING
18
SERVICES.—(1) For purposes of this section, the term
19
‘routine HIV/AIDS and STI screening services’ means all
20
of the following:
21
‘‘(A) A screening test for HIV/AIDS or
22
any other STI, if such test is provided in any
23
health care setting (other than an inpatient
24
hospital setting) and is provided to an indi-
25
vidual who—
26
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•HR 1774 IH
‘‘(i) is enrolled in part B;
1
‘‘(ii) is at least 13 years of age;
2
‘‘(iii) with respect to a test for HIV/
3
AIDS, is not known to the health care pro-
4
vider (directly, through information pro-
5
vided by the individual, or through access
6
to an electronic medical record) to have
7
had a previous positive test for HIV/AIDS;
8
‘‘(iv) subject to subparagraph (B),
9
with respect to a test for HIV/AIDS or a
10
STI, is not known to the health care pro-
11
vider (directly, through information pro-
12
vided by the individual, or through access
13
to an electronic medical record) to have
14
had a test for the same condition within
15
the previous 6 months; and
16
‘‘(v) has been informed that such a
17
test will be administered and has not ob-
18
jected to such a test.
19
‘‘(B) If a test described under subpara-
20
graph (A) is reactive—
21
‘‘(i) and is for HIV/AIDS, a confirm-
22
atory test;
23
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•HR 1774 IH
‘‘(ii) and is for a STI other than HIV/
1
AIDS, if reasonable and necessary, a con-
2
firmatory test.
3
‘‘(C) The interpretation of any tests pro-
4
vided under subparagraph (A) and subpara-
5
graph (B).
6
‘‘(D) Informing an individual who receives
7
a test under subparagraph (A) or subparagraph
8
(B) of the results of such tests as close in time
9
as possible to the determination of such results.
10
‘‘(E) If an individual tests positive for
11
HIV/AIDS on a screening test under subpara-
12
graph (A) and any confirmatory test under sub-
13
paragraph (B)—
14
‘‘(i) post-test counseling concerning
15
HIV/AIDS and STIs at the time the indi-
16
vidual is informed of the results of the
17
test; and
18
‘‘(ii) if appropriate, a referral to med-
19
ical or mental health services.
20
‘‘(F) If an individual tests positive for a
21
STI on a screening test under subparagraph
22
(A) and any confirmatory test under subpara-
23
graph (B), the provision of information to such
24
individual on the risk of STIs and HIV/AIDS
25
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•HR 1774 IH
and behaviors that reduce the risk of exposure
1
to such conditions.
2
‘‘(2) DEFINITIONS.—For purposes of this sub-
3
section:
4
‘‘(A) HIV/AIDS.—The term ‘HIV/AIDS’
5
means infection with the human immuno-
6
deficiency virus and includes acquired immune
7
deficiency syndrome and any condition arising
8
from such syndrome.
9
‘‘(B) STI.—The term ‘STI’ means a sexu-
10
ally transmitted infection or sexually trans-
11
mitted disease that is recognized by the Centers
12
for Disease Control and Prevention, including
13
chlamydia, gonorrhea, syphilis, hepatitis B, hep-
14
atitis C, and human papillomavirus.’’.
15
SEC. 103. COVERAGE FOR ROUTINE HIV/AIDS AND STI
16
SCREENING UNDER GROUP HEALTH PLANS.
17
(a) GROUP HEALTH PLANS.—
18
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
19
MENTS.—
20
(A) IN
GENERAL.—Title XXVII of the
21
Public Health Service Act is amended by insert-
22
ing after section 2728 of such Act (42 U.S.C.
23
300gg–28), as redesignated by section 1001(2)
24
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•HR 1774 IH
of the Patient Protection and Affordable Care
1
Act (Public Law 111–148), the following:
2
‘‘SEC. 2729. COVERAGE FOR ROUTINE HIV/AIDS AND STI
3
SCREENING.
4
‘‘(a) COVERAGE.—A group health plan, and a health
5
insurance issuer providing group or individual health in-
6
surance coverage, shall provide coverage for routine HIV/
7
AIDS and STI screening under terms and conditions that
8
are no less favorable than the terms and conditions appli-
9
cable to other routine health screenings.
10
‘‘(b) PROHIBITIONS.—A group health plan, and a
11
health insurance issuer providing group or individual
12
health insurance coverage, shall not—
13
‘‘(1) deny to an individual eligibility, or contin-
14
ued eligibility, to enroll or to renew coverage under
15
the terms of the plan, solely for the purpose of
16
avoiding the requirements of this section;
17
‘‘(2) deny coverage for routine HIV/AIDS or
18
STI screening on the basis that there are no known
19
risk factors present, or the screening is not clinically
20
indicated, medically necessary, or pursuant to a re-
21
ferral, consent, or recommendation by any health
22
care provider;
23
‘‘(3) provide monetary payments, rebates, or
24
other benefits to individuals to encourage such indi-
25
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•HR 1774 IH
viduals to accept less than the minimum protections
1
available under this section;
2
‘‘(4) penalize or otherwise reduce or limit the
3
reimbursement of a provider because such provider
4
provided care to an individual participant or bene-
5
ficiary in accordance with this section;
6
‘‘(5) provide incentives (monetary or otherwise)
7
to a provider to induce such provider to provide care
8
to an individual participant or beneficiary in a man-
9
ner inconsistent with this section; or
10
‘‘(6) deny to an individual participant or bene-
11
ficiary continued eligibility to enroll or to renew cov-
12
erage under the terms of the plan, solely because of
13
the results of an HIV/AIDS or STI test, or other
14
HIV/AIDS and STI screening procedure, for the in-
15
dividual or any other individual.
16
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this
17
section shall be construed—
18
‘‘(1) to require an individual who is a partici-
19
pant or beneficiary to undergo HIV/AIDS or STI
20
screening; or
21
‘‘(2) as preventing a group health plan or issuer
22
from imposing deductibles, coinsurance, or other
23
cost-sharing in relation to HIV/AIDS or STI screen-
24
ing, except that such deductibles, coinsurance or
25
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•HR 1774 IH
other cost-sharing may not be greater than the
1
deductibles, coinsurance, or other cost-sharing im-
2
posed on other routine health screenings.
3
‘‘(d) NOTICE.—A group health plan under this part
4
shall comply with the notice requirement under section
5
716(d) of the Employee Retirement Income Security Act
6
of 1974 with respect to the requirements of this section
7
as if such section applied to such plan.
8
‘‘(e) PREEMPTION.—Nothing in this section shall be
9
construed to preempt any State law in effect on the date
10
of enactment of this section with respect to health insur-
11
ance coverage that requires coverage of at least the cov-
12
erage of HIV/AIDS or STI screening otherwise required
13
under this section.’’.
14
(B) APPLICATION RULE.—For purposes of
15
applying section 2729 of the Public Health
16
Service Act, as inserted by subparagraph (A),
17
to individual health insurance coverage before
18
2014, the provisions of such section shall be
19
treated as also included under part B of title
20
XXVII of the Public Health Service Act.
21
(2) ERISA AMENDMENTS.—The Employee Re-
22
tirement Income Security Act of 1974 is amended as
23
follows:
24
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•HR 1774 IH
(A) In subpart B of part 7 of subtitle B
1
of title I, by adding at the end the following
2
new section:
3
‘‘SEC. 716. COVERAGE FOR ROUTINE HIV/AIDS AND STI
4
SCREENING.
5
‘‘(a) COVERAGE.—A group health plan, and a health
6
insurance issuer offering group health insurance coverage,
7
shall provide coverage for routine HIV screening under
8
terms and conditions that are no less favorable than the
9
terms and conditions applicable to other routine health
10
screenings.
11
‘‘(b) PROHIBITIONS.—A group health plan, and a
12
health insurance issuer offering group health insurance
13
coverage, shall not—
14
‘‘(1) deny to an individual eligibility, or contin-
15
ued eligibility, to enroll or to renew coverage under
16
the terms of the plan, solely for the purpose of
17
avoiding the requirements of this section;
18
‘‘(2) deny coverage for routine HIV screening
19
on the basis that there are no known risk factors
20
present, or the screening is not clinically indicated,
21
medically necessary, or pursuant to a referral, con-
22
sent, or recommendation by any health care pro-
23
vider;
24
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•HR 1774 IH
‘‘(3) provide monetary payments, rebates, or
1
other benefits to individuals to encourage such indi-
2
viduals to accept less than the minimum protections
3
available under this section;
4
‘‘(4) penalize or otherwise reduce or limit the
5
reimbursement of a provider because such provider
6
provided care to an individual participant or bene-
7
ficiary in accordance with this section;
8
‘‘(5) provide incentives (monetary or otherwise)
9
to a provider to induce such provider to provide care
10
to an individual participant or beneficiary in a man-
11
ner inconsistent with this section; or
12
‘‘(6) deny to an individual participant or bene-
13
ficiary continued eligibility to enroll or to renew cov-
14
erage under the terms of the plan, solely because of
15
the results of an HIV test or other HIV screening
16
procedure for the individual or any other individual.
17
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this
18
section shall be construed—
19
‘‘(1) to require an individual who is a partici-
20
pant or beneficiary to undergo HIV/AIDS or STI
21
screening; or
22
‘‘(2) as preventing a group health plan or issuer
23
from imposing deductibles, coinsurance, or other
24
cost-sharing in relation to HIV/AIDS or STI screen-
25
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•HR 1774 IH
ing, except that such deductibles, coinsurance or
1
other cost-sharing may not be greater than the
2
deductibles, coinsurance, or other cost-sharing im-
3
posed on other routine health screenings.
4
‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.—A
5
group health plan, and a health insurance issuer providing
6
health insurance coverage in connection with a group
7
health plan, shall provide notice to each participant and
8
beneficiary under such plan regarding the coverage re-
9
quired by this section in accordance with regulations pro-
10
mulgated by the Secretary. Such notice shall be in writing
11
and prominently positioned in any literature or cor-
12
respondence made available or distributed by the plan or
13
issuer and shall be transmitted, by whichever is earliest
14
of the following:
15
‘‘(1) In the next mailing made by the plan or
16
issuer to the participant or beneficiary.
17
‘‘(2) As part of any yearly informational packet
18
sent to the participant or beneficiary.
19
‘‘(3) Not later than July 1, 2012.
20
‘‘(e) PREEMPTION; RELATION TO STATE LAWS.—
21
‘‘(1) IN
GENERAL.—Nothing in this section
22
shall be construed to preempt any State law in effect
23
on the date of enactment of this section with respect
24
to health insurance coverage that requires coverage
25
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•HR 1774 IH
of at least the coverage of HIV/AIDS or STI screen-
1
ing otherwise required under this section.
2
‘‘(2) ERISA.—Nothing in this section shall be
3
construed to affect or modify the provisions of sec-
4
tion 514 with respect to group health plans.’’.
5
(B) In section 732(a) of such Act (29
6
U.S.C. 1191a(a)), by striking ‘‘section 711’’
7
and inserting ‘‘sections 711 and 716’’.
8
(C) In the table of contents in section 1 of
9
such Act, by inserting after the item relating to
10
section 715 the following new item:
11
‘‘Sec. 716. Coverage for routine HIV/AIDS and STI screening.’’.
(3)
INTERNAL
REVENUE
CODE
AMEND-
12
MENTS.—The Internal Revenue Code of 1986 is
13
amended as follows:
14
(A) In subchapter B of chapter 100, by in-
15
serting after section 9815 the following:
16
‘‘SEC. 9816. COVERAGE FOR ROUTINE HIV/AIDS AND STI
17
SCREENING.
18
‘‘(a) COVERAGE.—A group health plan shall provide
19
coverage for routine HIV/AIDS and STI screening under
20
terms and conditions that are no less favorable than the
21
terms and conditions applicable to other routine health
22
screenings.
23
‘‘(b) PROHIBITIONS.—A group health plan shall
24
not—
25
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•HR 1774 IH
‘‘(1) deny to an individual eligibility, or contin-
1
ued eligibility, to enroll or to renew coverage under
2
the terms of the plan, solely for the purpose of
3
avoiding the requirements of this section;
4
‘‘(2) deny coverage for routine HIV/AIDS or
5
STI screening on the basis that there are no known
6
risk factors present, or the screening is not clinically
7
indicated, medically necessary, or pursuant to a re-
8
ferral, consent, or recommendation by any health
9
care provider;
10
‘‘(3) provide monetary payments, rebates, or
11
other benefits to individuals to encourage such indi-
12
viduals to accept less than the minimum protections
13
available under this section;
14
‘‘(4) penalize or otherwise reduce or limit the
15
reimbursement of a provider because such provider
16
provided care to an individual participant or bene-
17
ficiary in accordance with this section;
18
‘‘(5) provide incentives (monetary or otherwise)
19
to a provider to induce such provider to provide care
20
to an individual participant or beneficiary in a man-
21
ner inconsistent with this section; or
22
‘‘(6) deny to an individual participant or bene-
23
ficiary continued eligibility to enroll or to renew cov-
24
erage under the terms of the plan, solely because of
25
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25
•HR 1774 IH
the results of an HIV/AIDS or STI test, or other
1
HIV/AIDS and STI screening procedure, for the in-
2
dividual or any other individual.
3
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this
4
section shall be construed—
5
‘‘(1) to require an individual who is a partici-
6
pant or beneficiary to undergo HIV/AIDS or STI
7
screening; or
8
‘‘(2) as preventing a group health plan or issuer
9
from imposing deductibles, coinsurance, or other
10
cost-sharing in relation to HIV/AIDS or STI screen-
11
ing, except that such deductibles, coinsurance or
12
other cost-sharing may not be greater than the
13
deductibles, coinsurance, or other cost-sharing im-
14
posed on other routine health screenings.’’.
15
(B) In the table of contents for such sub-
16
chapter, by inserting after the item relating to
17
section 9815 the following new item:
18
‘‘Sec. 9816. Coverage for HIV/AIDS and STI screening.’’.
(C) In section 4980D(d)(1), by striking
19
‘‘section 9811’’ and inserting ‘‘sections 9811
20
and 9816’’.
21
(b) APPLICATION UNDER FEDERAL EMPLOYEES
22
HEALTH BENEFITS PROGRAM.—Section 8902 of title 5,
23
United States Code, is amended by adding at the end the
24
following new subsection:
25
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•HR 1774 IH
‘‘(p) A contract may not be made or a plan approved
1
which does not comply with the requirements of section
2
2729 of the Public Health Service Act.’’.
3
(c) EFFECTIVE DATES.—Notwithstanding any other
4
provision of law, the amendments made by subsections (a)
5
and (b) shall apply with respect to plan years beginning
6
on or after July 1, 2012, and with respect to health insur-
7
ance coverage issued on or after such date.
8
(d) COORDINATION OF ADMINISTRATION.—The Sec-
9
retary of Labor, the Secretary of Health and Human Serv-
10
ices, and the Secretary of the Treasury shall ensure,
11
through the execution of an interagency memorandum of
12
understanding among such Secretaries, that—
13
(1) regulations, rulings, and interpretations
14
issued by such Secretaries relating to the same mat-
15
ter over which two or more such Secretaries have re-
16
sponsibility under the provisions of this section (and
17
the amendments made thereby) are administered so
18
as to have the same effect at all times; and
19
(2) coordination of policies relating to enforcing
20
the same requirements through such Secretaries in
21
order to have a coordinated enforcement strategy
22
that avoids duplication of enforcement efforts and
23
assigns priorities in enforcement.
24
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•HR 1774 IH
SEC. 104. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME
1
HIV/AIDS INFECTED INDIVIDUALS.
2
(a) IN GENERAL.—Section 1902 of the Social Secu-
3
rity Act (42 U.S.C. 1396a) is amended—
4
(1) in subsection (a)(10)(A)(ii)—
5
(A) by striking ‘‘or’’ at the end of sub-
6
clause (XXI);
7
(B) by adding ‘‘or’’ at the end of subclause
8
(XXII); and
9
(C) by adding at the end the following:
10
‘‘(XXIII) on or before December
11
31, 2013, who are described in sub-
12
section (ll) (relating to HIV/AIDS in-
13
fected individuals);’’; and
14
(2) by adding at the end the following:
15
‘‘(ll) individuals described in this subsection are indi-
16
viduals—
17
‘‘(1) who are not described in subsection
18
(a)(10)(A)(i);
19
‘‘(2) who have HIV/AIDS, as defined under
20
section 1905(ee);
21
‘‘(3) whose income (as determined under the
22
State plan under this title with respect to disabled
23
individuals) does not exceed the maximum amount
24
of income a disabled individual described in sub-
25
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•HR 1774 IH
section (a)(10)(A)(i) may have to obtain medical as-
1
sistance under the plan; and
2
‘‘(4) whose resources (as determined under the
3
State plan under this title with respect to disabled
4
individuals) do not exceed the maximum amount of
5
resources a disabled individual described in sub-
6
section (a)(10)(A)(i) may have to obtain medical as-
7
sistance under the plan.’’.
8
(b) ENHANCED MATCH.—
9
(1) IN GENERAL.—The first sentence of section
10
1905(b) of the Social Security Act (42 U.S.C.
11
1396d(b))
is
amended
by
striking
‘‘section
12
1902(a)(10)(A)(ii)(XVIII)’’ and inserting ‘‘subclause
13
(XVIII)
and
subclause
(XXIII)
of
section
14
1902(a)(10)(A)(ii)’’.
15
(2)
CONFORMING
AMENDMENTS.—Section
16
1905(a) of the Social Security Act (42 U.S.C.
17
1396d(a)) is amended in the matter preceding para-
18
graph (1)—
19
(A) by striking ‘‘or’’ at the end of clause
20
(xv);
21
(B) by striking ‘‘or’’ at the end of clause
22
(xvi), as amended by Public Law 111–148;
23
(C) by adding ‘‘or’’ at the end of clause
24
(xvii); and
25
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•HR 1774 IH
(D) by inserting after clause (xvii) the fol-
1
lowing:
2
‘‘(xviii) individuals described in sec-
3
tion 1902(a)(10)(A)(ii)(XXIII);’’.
4
(c) EXEMPTION FROM FUNDING LIMITATION FOR
5
TERRITORIES.—Section 1108(g) of the Social Security
6
Act (42 U.S.C. 1308(g)) is amended by adding at the end
7
the following:
8
‘‘(6) DISREGARDING MEDICAL ASSISTANCE FOR
9
OPTIONAL
LOW-INCOME
HIV/AIDS
INFECTED
INDI-
10
VIDUALS.—The limitations under subsection (f) and
11
the previous provisions of this subsection shall not
12
apply to amounts expended for medical assistance
13
for individuals described in section 1902(ll) who are
14
only eligible for such assistance on the basis of sec-
15
tion 1902(a)(10)(A)(ii)(XXIII).’’.
16
(d) EFFECTIVE DATE.—
17
(1) IN GENERAL.—Except as provided by para-
18
graph (2), the amendments made by this section
19
shall take effect on the date of the enactment of this
20
section and shall apply to services furnished on or
21
after such date.
22
(2) RULES
FOR
CHANGES
REQUIRING
STATE
23
LEGISLATION.—In the case of a State plan for med-
24
ical assistance under title XIX of the Social Security
25
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•HR 1774 IH
Act which the Secretary of Health and Human Serv-
1
ices determines requires State legislation (other than
2
legislation appropriating funds) in order for the plan
3
to meet the additional requirement imposed by the
4
amendments made by this section, the State plan
5
shall not be regarded as failing to comply with the
6
requirements of such title solely on the basis of its
7
failure to meet this additional requirement before
8
the first day of the first calendar quarter beginning
9
after the close of the first regular session of the
10
State legislature that begins after the date of the en-
11
actment of this Act. For purposes of the previous
12
sentence, in the case of a State that has a 2-year
13
legislative session, each year of such session shall be
14
deemed to be a separate regular session of the State
15
legislature.
16
TITLE II—INCREASED DATA COL-
17
LECTION
AND
EDUCATION
18
FOR HISTORICALLY UNDER-
19
REPRESENTED POPULATIONS
20
SEC. 201. PEOPLE LIVING WITH DISABILITIES.
21
(a) TRACKING
OF
INFORMATION.—The Director
22
shall—
23
(1) track national HIV/AIDS and STI screen-
24
ing trends and the burdens of HIV/AIDS and STIs
25
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•HR 1774 IH
among people with disabilities, including such per-
1
sons with mental, physical, cognitive, intellectual, or
2
developmental disabilities; and
3
(2) identify and assess the barriers that prevent
4
such persons from accessing HIV/AIDS and STI
5
screening.
6
(b) TRACKING METHODOLOGY.—
7
(1) IN GENERAL.—The tracking methods used
8
by the Secretary under subsection (a) shall—
9
(A) focus upon historically under-rep-
10
resented communities, including the deaf and
11
hearing loss-related community and the cog-
12
nitive, intellectual, developmental, mobility, or
13
mental health disability communities; and
14
(B) consider other factors that may con-
15
tribute to increased burdens of HIV/AIDS and
16
STIs, including race, socio-economic status, re-
17
gion, gender identity, and sexual behavior.
18
(2) SEXUAL ASSAULT DATA.—Tracking under
19
subsection (a) shall include data collection on the in-
20
cidence of sexual assault on people with mental,
21
physical, cognitive, intellectual, or developmental dis-
22
abilities for the purposes of understanding the prev-
23
alence of HIV/AIDS and STIs that result from such
24
assaults.
25
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•HR 1774 IH
(c) DEAF AND HEARING LOSS COMMUNITY.—
1
(1)
IN
GENERAL.—The
Secretary,
acting
2
through the Director, shall work with appropriate
3
organizations and institutions to make comprehen-
4
sive sex education materials that promote voluntary
5
screening for HIV/AIDS and STIs accessible to the
6
deaf and hearing loss community through language
7
(including American Sign Language), modalities (in-
8
cluding highly graphic formats with minimal text),
9
and culturally appropriate information delivery.
10
(2) HEALTH CAREERS AND EDUCATION.—The
11
Secretary shall—
12
(A) work with appropriate individuals, or-
13
ganizations, and institutions to increase the
14
number of people who are deaf or living with
15
hearing loss in public health careers for the
16
purposes of—
17
(i) building the public health infra-
18
structure to improve data collection; and
19
(ii) health information dissemination
20
to people who are deaf or who live with
21
hearing loss; and
22
(B) engage students in elementary school,
23
high school, college, and graduate school for the
24
purposes of carrying out this paragraph.
25
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•HR 1774 IH
(d) COGNITIVE
AND
INTELLECTUAL
DISABILITY
1
COMMUNITY.—The Secretary, acting through the Direc-
2
tor, shall work with appropriate national and local organi-
3
zations to make comprehensive sex education materials ac-
4
cessible to people with intellectual disabilities by—
5
(1) using plain language;
6
(2) educating service providers about the signs
7
and symptoms of sexual assault among people with
8
cognitive and intellectual disabilities; and
9
(3) using other appropriate information delivery
10
strategies.
11
(e) WOMEN LIVING WITH SEVERE PHYSICAL DIS-
12
ABILITIES.—The Secretary, acting through the Director,
13
shall work with Federal, State, and local entities to track
14
access to pelvic examinations, mammograms, and other
15
women’s health services for women with severe mobility
16
impairments with the goal of improving access to such
17
services.
18
SEC. 202. WOMEN WHO HAVE SEX WITH WOMEN.
19
(a) NATIONAL SCREENING GUIDELINES.—The Sec-
20
retary, acting through the Director, shall work with Fed-
21
eral, State, and local health entities to ensure that na-
22
tional screening guidelines for cervical cancer state that
23
WSW should be subject to the same screening guidelines
24
for cervical cancer as women who have sex only with men.
25
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•HR 1774 IH
(b) INFORMATION COLLECTION.—The Secretary, act-
1
ing through the Director, shall, with respect to the WSW
2
community—
3
(1) track national trends in screening for HIV/
4
AIDS and other STIs; and
5
(2) collect information on—
6
(A) the burdens and behavior of HIV/
7
AIDS and STIs; and
8
(B) other reproductive health concerns.
9
SEC. 203. TRANSGENDER COMMUNITY.
10
(a) DATA
COLLECTION.—The Secretary, acting
11
through the Director, shall work with Federal, State, and
12
local health entities and transgender communities to im-
13
prove information collection concerning the transmission,
14
morbidity, and screening for HIV/AIDS and other STIs
15
in transgender communities.
16
(b) INFORMATION CLASSIFICATION.—For purposes
17
of acquiring a comprehensive understanding of the unique
18
health trends among, and aspects of, the transgender com-
19
munity, the Secretary shall promulgate regulations requir-
20
ing that, for purposes of public health studies requiring
21
data collection, the fact that an individual is transgender
22
shall be a distinct category and data point.
23
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35
•HR 1774 IH
SEC. 204. REPORT.
1
(a) IN GENERAL.—Not later than 3 years after the
2
date of the enactment of this Act, the Secretary shall sub-
3
mit a report to Congress on the activities required under
4
this Act.
5
(b) CONTENTS.—The report issued to Congress
6
under subsection (a) shall include—
7
(1) information on the success of voluntary
8
screening for HIV/AIDS and STIs, as well as other
9
methods for preventing the transmission of HIV/
10
AIDS and STIs among Medicaid and Medicare
11
beneficiaries, patients at federally qualified health
12
centers, individuals with health insurance, MSM,
13
WSW,
persons
living
with
disabilities,
the
14
transgender community, and other groups that have
15
been historically underrepresented in public health
16
interventions for HIV/AIDS and STIs; and
17
(2) recommendations on how to improve exist-
18
ing measures with respect to race, socioeconomic
19
status, region, gender identity, disability, age, and
20
sexual behavior—
21
(A) to increase access to screening; and
22
(B) to decrease the disparities in mortality
23
and morbidity from HIV/AIDS and other STIs.
24
Æ
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