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Legislation News & Report (TM) TheWeekInCongress.com (TM) Managing America: Health Care |
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TheWeekInCongress.com (TM) Week Ending November 26, 2007
H.R.3963 To amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes.
The bill is essentially identical to HR 976 that passed the House and Senate, was vetoed by the president. The House failed to override the veto. This bill returns the matter to consideration with some changes and emphasis on provisions that were not changed:
States may receive funds to cover families of three who earn up to $51,510 yearly (300% of the poverty level.) States may receive performance bonuses only for enrolling the lowest income children. (In HR 976. Performance bonuses in HR 976 were awarded for increasing enrollment without targeting lowest income children.)
All states must submit plans and implement recommended best practices for helping to continue employer-sponsored coverage of children already covered by their parents work insurance plan. (In HR 976 but only required as an option. Parents or employers could reject participation)
States are encouraged to use SCHIP funds to subsidize employer-sponsored health insurance for children as an option. (Not specified in HR 976 but States had the option)
Coverage for Childless adults phased out after one year. (In HR 976)
Citizenship Clarifies the role of the Social Security Administration in verifying citizenship for purposes of Medicaid and CHIP eligibility. SSA will verify name, social security number, and place of birth of enrollees and applicants. This will assist States in identifying potential non-citizens and permit States to follow-up. (In HR 976)
Prior to 2006, applicants only swore to their citizenship under penalty of perjury. Under current law, States must ask for various documents to prove identity and citizenship. States still have that option but, the CBO reported: “Some states have reported a drop in enrollment since …(2006)… because some Medicaid applicants have had difficulty satisfying the documentation requirement. Available evidence, based on state reports and other information provided by state officials, suggests that virtually all of those who have been unable to provide the required documentation are U.S. citizen.” It is likely, CBO concluded, that States will utilize the option of confirming identity and citizenship with the SSA.
Clarifies that States will not receive Federal funding for payments made to non-citizens. (Not in HR 976. In HR 976 applicants were covered during a 90 day period involving attempts to verify citizenship if social security numbers did not match the applicant’s identity. If the conflict could not be reconciled the applicant was dropped from the program.)
Increases coverage to an addition 100,000 lowest income children (Not in HR 976)
Sponsor: Rep. John Dingell (D-MI-15th) Vote: Passed House October 25, 2007 265 to 142 RC 1009. The motion to recommit the bill failed 164 to 242 RC 1008.The Senate agreed to proceed with consideration of the bill 62 to 33 on October 31, 2007 RV 401. The Senate again agreed to cloture on the bill 65 to 30 (RV 402) and then passed the bill 64 to 30 November 1, 2007. (RV 403) Cost to the taxpayers: $60 million over five years. Offsets include revenues from tax on tobacco products. Earmark Certification: Not applicable to this bill. ## All Rights Reserved. © 2007 TheWeekInCongress.com(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
MORE INFORMATION
AMENDMENTS 1. S.AMDT.3491 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. Congress finds the following: (1) The application of numerous and significant variations in State law impacts the ability of insurers to offer, and individuals to obtain, affordable individual health insurance coverage, thereby impeding commerce in individual health insurance coverage. (2) Individual health insurance coverage is increasingly offered through the Internet, other electronic means, and by mail, all of which are inherently part of interstate commerce. (3) In response to these issues, it is appropriate to encourage increased efficiency in the offering of individual health insurance coverage through a collaborative approach by the States in regulating this coverage. (4) The establishment of risk-retention groups has provided a successful model for the sale of insurance across State lines, as the acts establishing those groups allow insurance to be sold in multiple States but regulated by a single State.
Sponsor:
Sen DeMint, Jim [SC] (introduced 10/31/2007) Cosponsors
(None) 2. S.AMDT.3492 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. IN GENERAL.--Any amount
allowable as a deduction under section 213 (determined without regard to
any income limitation under subsection (a) thereof) by reason of
subsection (d)(1)(D) thereof for qualified health insurance and for any
deductible and other out-of-pocket expenses required to be paid under such
insurance. 3. S.AMDT.3493 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. IN GENERAL.--For child
health assistance furnished after the date of the enactment of this
paragraph, no payment shall be made under this section for any
expenditures for providing child health assistance or health benefits
coverage for a targeted low-income child whose family income exceeds 300
percent of the poverty line 4. S.AMDT.3494 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. `POINT OF ORDER AGAINST LEGISLATION THAT RESULTS IN A TAKEOVER OF HEALTH CARE COVERAGE BY THE FEDERAL GOVERNMENT ``Sec. 316. (a)(1) In General.--It shall not be in order in the Senate to consider any bill, resolution, amendment, amendment between Houses, motion, or conference report that-- ``(A) imposes Federal Government mandates that reduce the number of Americans covered by private health insurance; ``(B) mandates through Federal law that any employer contributions or private wages that currently fund private health care coverage go to a Federally-run program for health care coverage; or ``(C) displaces the number of individuals in private health care coverage through an expansion or creation of a health care system run by the Federal Government by more than 5 percent of the total number of individuals affected by the expansion or creation of any such system. ``(2) Determinations.--All determinations required by this subsection shall be made by the Congressional Budget Office. ``(b) Supermajority Waiver and Appeal.-- ``(1) WAIVER.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. ``(2) APPEAL.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. 5. S.AMDT.3495 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. Strike section 613.SEC. 613. PROHIBITING INITIATION OF NEW HEALTH OPPORTUNITY ACCOUNT DEMONSTRATION PROGRAMS.After the date of the enactment of this Act, the Secretary of Health and Human Services may not approve any new demonstration programs under section 1938 of the Social Security Act (42 U.S.C. 1396u-8).
6. S.AMDT.3496 to H.R.3963 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. SEC. 2 The Secretary of Health and Human Services shall not allocate or make payments from any funds appropriated for congressionally directed spending items for fiscal year 2008 or any succeeding fiscal year until on or after the date on which the Secretary of Health and Human Services certifies to Congress that all children in the United States have optimal health insurance. SEC. 3. The Secretary of Health and Human Services or the Department of Health and Human Services for congressionally directed spending items for fiscal year 2008 or any succeeding fiscal year are hereby transferred and made available for providing allotments to States . SEC. 4Beginning January
1, 2008, and annually thereafter until on or after the date described in
section 2, the Secretary of Health and Human Services shall submit a
report to Congress on the number of children who are provided child health
assistance under a State child health plan through funds transferred and
made available under section 3.
## All Rights Reserved. © 2007 TheWeekInCongress.com.(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
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