Maternal Immunization Coverage Act

II 117TH CONGRESS 1ST SESSION S. 1117 To amend title XIX of the Social Security Act to require Medicaid coverage of approved vaccines for pregnant women. IN THE SENATE OF THE UNITED STATES APRIL 14, 2021 Mr. CASSIDY (for himself and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to require Medicaid coverage of approved vaccines for pregnant women. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Maternal Immuniza- 4 tion Coverage Act’’. 5 SEC. 2. MANDATORY COVERAGE UNDER MEDICAID OF VAC- 6 CINES FOR PREGNANT WOMEN. 7 (a) MEDICAL ASSISTANCE.—Section 1905(a)(4) of 8 the Social Security Act (42 U.S.C. 1396d(a)(4)) is amend- 9 ed by striking ‘‘and (D) counseling and pharmacotherapy 10 VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1117 IS for cessation of tobacco use by pregnant women (as de- 1 fined in subsection (bb)); and’’ and inserting ‘‘(D)(i) coun- 2 seling and pharmacotherapy for cessation of tobacco use 3 by pregnant women (as defined in subsection (bb)) and 4 (ii) approved vaccines recommended for pregnant women 5 by the Advisory Committee on Immunization Practices (an 6 advisory committee established by the Secretary, acting 7 through the Director of the Centers for Disease Control 8 and Prevention) and their administration, for women who 9 are pregnant or who had a pregnancy end within the pe- 10 riod ending on the last day of the month in which the 11 60-day period beginning on the last day of the pregnancy 12 ends (or, if a State election under section 1902(e)(16) is 13 in effect, ending on the last day of the month in which 14 the 12-month period beginning on the last day of the preg- 15 nancy ends) and who are eligible for and receiving medical 16 assistance under the State plan or a waiver of such plan;’’. 17 (b) CONFORMING AMENDMENTS.—Section 18 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is 19 amended in the matter following subparagraph (G)— 20 (1) by striking ‘‘or to any other condition which 21 may complicate pregnancy shall not’’ and inserting 22 ‘‘or to any other condition which may complicate 23 pregnancy, and vaccines described in section 24 VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1117 IS 1905(a)(4)(D)(ii) and the administration of such 1 vaccines, shall not’’; 2 (2) by striking ‘‘making available of such serv- 3 ices, or the making available of such services of the 4 same’’ the first place it appears and inserting ‘‘mak- 5 ing available of such services or vaccines, or the 6 making available of such services or vaccines of the 7 same’’; 8 (3) by striking ‘‘vaccines described in section 9 1905(a)(4)(E) and the administration of such vac- 10 cines during the period described in such section’’ 11 and inserting ‘‘vaccines described in subparagraphs 12 (D)(ii) and (E) of section 1905(a)(4) and the ad- 13 ministration of such vaccines (but in the case of vac- 14 cines described in section 1905(a)(4)(E), only during 15 the period described in such section)’’; 16 (4) by striking ‘‘cancer (XV)’’ and inserting 17 ‘‘cancer, (XV)’’; 18 (5) by striking ‘‘and (XVIII)’’ and inserting 19 ‘‘(XVIII)’’; 20 (6) by striking ‘‘and (XIX)’’ and inserting 21 ‘‘(XIX)’’; and 22 (7) by striking ‘‘that would not otherwise in- 23 clude coverage of a COVID–19 vaccine and its ad- 24 ministration;’’ and inserting ‘‘that would not other- 25 VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1117 IS wise include coverage of a COVID–19 vaccine and 1 its administration, and (XX) medical assistance shall 2 be made available for vaccines described in section 3 1905(a)(4)(D)(ii) and the administration of such 4 vaccines, for women who are pregnant or who had 5 a pregnancy end within the period ending on the last 6 day of the month in which the 60-day period begin- 7 ning on the last day of the pregnancy ends (or, if 8 a State election under section 1902(e)(16) is in ef- 9 fect, ending on the last day of the month in which 10 the 12-month period beginning on the last day of the 11 pregnancy ends) and who are eligible for and receiv- 12 ing medical assistance under the State plan or a 13 waiver of such plan, notwithstanding any provision 14 of this title or waiver under section 1115 impacting 15 such women’s eligibility for medical assistance under 16 such plan or waiver to coverage for a limited type 17 of benefits and services that would not otherwise in- 18 clude coverage of such vaccines and their adminis- 19 tration;’’. 20 (c) NO COST-SHARING.— 21 (1) IN GENERAL.—Section 1916 of the Social 22 Security Act (42 U.S.C. 1396o) is amended, in each 23 of subsections (a)(2)(B) and (b)(2)(B)— 24 VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1117 IS (A) by striking ‘‘and counseling’’ and in- 1 serting ‘‘counseling’’; and 2 (B) by inserting ‘‘, and vaccines described 3 in section 1905(a)(4)(D)(ii) and the administra- 4 tion of such vaccines’’ after ‘‘section 5 1905(bb)(2)(A)’’. 6 (2) APPLICATION TO ALTERNATIVE COST SHAR- 7 ING.—Section 1916A(b)(3)(B)(iii) of the Social Se- 8 curity Act (42 U.S.C. 1396o–1(b)(3)(B)(iii)) is 9 amended— 10 (A) by striking ‘‘and counseling’’ and in- 11 serting ‘‘counseling’’; and 12 (B) by inserting ‘‘, and vaccines described 13 in section 1905(a)(4)(D)(ii) and the administra- 14 tion of such vaccines’’ after ‘‘section 1905(bb))’’ 15 before the period. 16 (d) EFFECTIVE DATE.— 17 (1) IN GENERAL.—Except as provided in para- 18 graph (2), the amendments made by this section 19 shall take effect on the date of enactment of this 20 Act. 21 (2) DELAYED COMPLIANCE.—A State plan shall 22 not be regarded as failing to comply with the re- 23 quirements imposed by the amendments made by 24 this section before the end of the 60-day period that 25 VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1117 IS begins on the day after the last day of the 1st reg- 1 ular session of the State legislature that begins after 2 the date of enactment of this Act. For purposes of 3 the previous sentence, in the case of a State that has 4 a 2-year legislative session, each year of such session 5 shall be deemed to be a separate regular session of 6 the State legislature. 7 Æ VerDate Sep 11 2014 01:54 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1117.IS S1117 kjohnson on DSK79L0C42PROD with BILLS