Maternal Immunization Coverage Act

II 116TH CONGRESS 2D SESSION S. 4705 To amend title XIX requiring coverage under Medicaid of vaccines for pregnant women. IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 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 requiring coverage under Medicaid of 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) IN GENERAL.—Section 1905(a)(4) of the Social 8 Security Act (42 U.S.C. 1396d(a)(4)) is amended— 9 VerDate Sep 11 2014 05:01 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4705 IS (1) by striking ‘‘and (D)’’ and inserting ‘‘(D)’’; 1 and 2 (2) by inserting after ‘‘subsection (bb))’’ the 3 following: ‘‘; and (E) for individuals who are eligible 4 under the State plan or a waiver of such plan and 5 are pregnant (including individuals whose eligibility 6 for medical assistance is on the basis of being preg- 7 nant and limited to services related to pregnancy), 8 approved vaccines recommended for such individuals 9 by the Advisory Committee on Immunization Prac- 10 tices and the administration of such vaccines to such 11 individuals’’. 12 (b) PROHIBITION OF COST SHARING.— 13 (1) IN GENERAL.—Section 1916 of the Social 14 Security Act (42 U.S.C. 1396o) is amended, in each 15 of subsections (a)(2)(B) and (b)(2)(B)— 16 (A) by striking ‘‘and counseling’’ and in- 17 serting ‘‘counseling’’; and 18 (B) by inserting ‘‘, and vaccines described 19 in section 1905(a)(4)(E) that are furnished to 20 pregnant women and the administration of such 21 vaccines’’ after ‘‘section 1905(bb)(2)(A)’’. 22 (2) APPLICATION TO ALTERNATIVE COST SHAR- 23 ING.—Section 1916A(b)(3)(B)(iii) of the Social Se- 24 VerDate Sep 11 2014 05:01 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4705 IS curity Act (42 U.S.C. 1396o–1(b)(3)(B)(iii)) is 1 amended— 2 (A) by striking ‘‘and counseling’’ and in- 3 serting ‘‘counseling’’; and 4 (B) by inserting ‘‘, and vaccines described 5 in section 1905(a)(4)(E) that are furnished to 6 pregnant women and the administration of such 7 vaccines’’ after ‘‘section 1905(bb)(2)(A)’’ before 8 the period. 9 (c) EFFECTIVE DATE.— 10 (1) IN GENERAL.—Except as provided in para- 11 graph (2), the amendments made by this section 12 shall take effect on the date of enactment of this 13 Act. 14 (2) DELAY PERMITTED IF STATE LEGISLATION 15 REQUIRED.—In the case of a State plan under title 16 XIX of the Social Security Act (42 U.S.C. 1396 et 17 seq.) which the Secretary of Health and Human 18 Services determines requires State legislation (other 19 than legislation appropriating funds) in order for the 20 plan to meet the additional requirements imposed by 21 the amendments made by this section, the State 22 plan shall not be regarded as failing to comply with 23 the requirements of such title solely on the basis of 24 the failure of the plan to meet such additional re- 25 VerDate Sep 11 2014 05:01 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4705.IS S4705 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4705 IS quirements before the first day of the first calendar 1 quarter beginning after the close of the first regular 2 session of the State legislature that begins after the 3 date of enactment of this Act. For purposes of the 4 previous sentence, in the case of a State that has a 5 2-year legislative session, each year of such session 6 shall be deemed to be a separate regular session of 7 the State legislature. 8 Æ VerDate Sep 11 2014 05:01 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4705.IS S4705 kjohnson on DSK79L0C42PROD with BILLS