United States HR 9336: Increasing Access to Lung Cancer Screening Act

Bill Text

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117TH CONGRESS
2D SESSION H. R. 9336
To amend title XIX of the Social Security Act to require coverage under
State plans under the Medicaid program for annual lung cancer screening
with no cost sharing for individuals for whom screening is recommended
by U.S. Preventive Services Task Force guidelines, to expand coverage
under Medicaid of counseling and pharmacotherapy for cessation of to-
bacco use, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 2022
Mr. HIGGINS of New York (for himself and Ms. CASTOR of Florida) intro-
duced the following bill; which was referred to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and Means,
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
committee concerned
A BILL
To amend title XIX of the Social Security Act to require
coverage under State plans under the Medicaid program
for annual lung cancer screening with no cost sharing
for individuals for whom screening is recommended by
U.S. Preventive Services Task Force guidelines, to ex-
pand coverage under Medicaid of counseling and
pharmacotherapy for cessation of tobacco use, 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. 1
This Act may be cited as the ‘‘Increasing Access to 2
Lung Cancer Screening Act’’. 3
SEC. 2. MEDICAID COVERAGE OF ANNUAL LUNG CANCER 4
SCREENING WITH NO COST SHARING FOR IN-5
DIVIDUALS FOR WHOM SCREENING IS REC-6
OMMENDED BY U.S. PREVENTIVE SERVICES 7
TASK FORCE GUIDELINES. 8
(a) IN GENERAL.—Section 1905(a)(4) of the Social 9
Security Act (42 U.S.C. 1396d(a)(4)) is amended— 10
(1) by striking ‘‘and’’ before ‘‘(F)’’; and 11
(2) by inserting before the semicolon at the end 12
the following: ‘‘; and (G) an annual lung cancer 13
screening for individuals who are eligible under the 14
plan and for whom screening is recommended by the 15
U.S. Preventive Services Task Force guidelines, 16
without regard to prior authorization’’. 17
(b) NO COST SHARING.— 18
(1) IN GENERAL.—Subsections (a)(2) and 19
(b)(2) of section 1916 of the Social Security Act (42 20
U.S.C. 1396o) are each amended— 21
(A) in subparagraph (G), by adding at the 22
end ‘‘, or’’; and 23
(B) by adding at the end the following new 24
subparagraph: 25
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‘‘(H) lung cancer screening for which pay-1
ment may be made under the State plan pursu-2
ant section to 1905(a)(4)(G);’’. 3
(2) APPLICATION TO ALTERNATIVE COST SHAR-4
ING.—Section 1916A(b)(3)(B) of the Social Security 5
Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by 6
adding at the end the following new clause: 7
‘‘(xiv) Lung cancer screening for 8
which payment may be made under the 9
State plan pursuant to section 10
1905(a)(4)(G).’’. 11
(c) APPLICATION TO MEDICAID MANAGED CARE OR-12
GANIZATIONS.—Section 1932(b) of the Social Security Act 13
(42 U.S.C. 1396u–2(b)) is amended by adding at the end 14
the following new paragraph: 15
‘‘(9) LUNG CANCER SCREENING.—Each con-16
tract with a medicaid managed care organization 17
under section 1903(m) shall require the organization 18
to provide coverage for lung cancer screening for 19
which payment may be made under the State plan 20
pursuant to section 1905(a)(4)(G) without regard to 21
prior authorization.’’. 22
(d) EFFECTIVE DATE.— 23
(1) IN GENERAL.—Subject to paragraph (2), 24
the amendments made by this section shall apply 25
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with respect to items and services furnished on or 1
after January 1, 2023. 2
(2) EXCEPTION IF STATE LEGISLATION RE-3
QUIRED.—In the case of a State plan for medical as-4
sistance under title XIX of the Social Security Act 5
which the Secretary of Health and Human Services 6
determines requires State legislation (other than leg-7
islation appropriating funds) in order for the plan to 8
meet the additional requirements imposed by the 9
amendments made by this section, the State plan 10
shall not be regarded as failing to comply with the 11
requirements of such title solely on the basis of its 12
failure to meet such additional requirements before 13
the first day of the first calendar quarter beginning 14
after the close of the first regular session of the 15
State legislature that begins after the date of the en-16
actment of this Act. For purposes of the previous 17
sentence, in the case of a State that has a 2-year 18
legislative session, each year of such session shall be 19
de