Preventing Lead Poisoning Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3842 To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include certain lead screening coverage and to codify such requirement under the Medicaid program. IN THE HOUSE OF REPRESENTATIVES JULY 18, 2019 Mr. KATKO (for himself, Mr. WELCH, Mr. CICILLINE, Mr. MORELLE, Mr. FITZPATRICK, Ms. MOORE, and Mr. BALDERSON) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce A BILL To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include certain lead screening coverage and to codify such requirement under the Medicaid program. 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 ‘‘Preventing Lead Poi- 4 soning Act of 2019’’. 5 VerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.IH H3842 kjohnson on DSK79L0C42 with BILLS 2 •HR 3842 IH SEC. 2. REQUIRING A STATE CHILD HEALTH PLAN TO IN- 1 CLUDE CERTAIN LEAD SCREENING COV- 2 ERAGE FOR CHILDREN; CODIFICATION OF 3 REQUIREMENT UNDER MEDICAID. 4 (a) CHIP.— 5 (1) IN GENERAL.—Section 2103 of the Social 6 Security Act (42 U.S.C. 1397cc) is amended— 7 (A) in subsection (a), by striking ‘‘para- 8 graphs (5), (6), (7), and (8)’’ and inserting 9 ‘‘paragraphs (5) through (9)’’; and 10 (B) in subsection (c)— 11 (i) by redesignating paragraphs (8) 12 and (9) as paragraphs (9) and (10), re- 13 spectively; and 14 (ii) by inserting after paragraph (7) 15 the following new paragraph: 16 ‘‘(8) COVERAGE OF LEAD BLOOD LEVEL AS- 17 SESSMENTS.— 18 ‘‘(A) IN GENERAL.—The child health as- 19 sistance provided to a targeted low-income child 20 shall include coverage of lead blood level assess- 21 ments at the times and in the amounts specified 22 in subparagraph (B). 23 ‘‘(B) SPECIFIED TIMES AND AMOUNTS.— 24 The times and amounts specified in this sub- 25 paragraph are, with respect to coverage of lead 26 VerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.IH H3842 kjohnson on DSK79L0C42 with BILLS 3 •HR 3842 IH blood level assessments and a targeted low-in- 1 come child, the following: 2 ‘‘(i) 1 such assessment at the age of 3 12 months; 4 ‘‘(ii) 1 such assessment at the age of 5 24 months; and 6 ‘‘(iii) in the case of such a child with 7 no record of any such assessment having 8 been performed and who is between the 9 ages of 24 months and 72 months, 1 such 10 assessment.’’. 11 (2) EFFECTIVE DATE.— 12 (A) IN GENERAL.—Subject to paragraph 13 (2), the amendments made by this section shall 14 take effect with respect to child health assist- 15 ance provided on or after the date that is 1 16 year after the date of the enactment of this Act. 17 (B) EXCEPTION FOR STATE LEGISLA- 18 TION.—In the case of a State child health plan 19 under title XXI of the Social Security Act (or 20 a waiver of such plan), which the Secretary of 21 Health and Human Services determines re- 22 quires State legislation in order for the respec- 23 tive plan (or waiver) to meet any requirement 24 imposed by the amendments made by this sec- 25 VerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.IH H3842 kjohnson on DSK79L0C42 with BILLS 4 •HR 3842 IH tion, the respective plan (or waiver) shall not be 1 regarded as failing to comply with the require- 2 ments of such title solely on the basis of its fail- 3 ure to meet such an additional requirement be- 4 fore the first day of the first calendar quarter 5 beginning after the close of the first regular 6 session of the State legislature that begins after 7 the date of enactment of this section. For pur- 8 poses of the previous sentence, in the case of a 9 State that has a 2-year legislative session, each 10 year of the session shall be considered to be a 11 separate regular session of the State legislature. 12 (b) MEDICAID.—Section 1905(r) of the Social Secu- 13 rity Act (42 U.S.C. 1396d(r)) is amended— 14 (1) in paragraph (1)(B)(iv), by inserting ‘‘and 15 at the times and in the amounts specified in para- 16 graph (6)’’ after ‘‘factors’’; and 17 (2) by inserting after paragraph (5) the fol- 18 lowing new paragraph: 19 ‘‘(6) The times and amounts specified in this 20 paragraph are, with respect to coverage of lead blood 21 level assessments and an individual, the following: 22 ‘‘(A) 1 such assessment at the age of 12 23 months; 24 VerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3842.IH H3842 kjohnson on DSK79L0C42 with BILLS 5 •HR 3842 IH ‘‘(B) 1 such assessment at the age of 24 1 months; and 2 ‘‘(C) in the case of such a child with no 3 record of any such assessment having been per- 4 formed and who is between the ages of 24 5 months and 72 months, 1 such assessment.’’. 6 (c) CLARIFICATION.—None of the amendments made 7 by this section may be construed as prohibiting a State 8 from providing coverage of lead blood level assessments 9 under title XIX or XXI of the Social Security Act at a 10 frequency that is greater than the frequency described in 11 such amendments or to an individual outside of the ages 12 described in such amendments. 13 Æ VerDate Sep 11 2014 22:33 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3842.IH H3842 kjohnson on DSK79L0C42 with BILLS