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H.R. 976, The Children's Health Insurance Program Reauthorization Act of 2007

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing revision saved on October 10, 2007, 14:21:00 (webmaster), with revision saved on October 22, 2007, 18:21:28 (webmaster):

H.R. 976 would amend the Internal Revenue Code of 1986 to provide tax relief for small businesses.

== Detailed Summary ==

<summary>
Children's Health Insurance Program Reauthorization Act of 2007 - <b>Title I: Financing of CHIP</b> - (Sec. 101) Amends title XXI (State Children's Health Insurance Program) (CHIP) of the Social Security Act (SSA) to reauthorize the CHIP program through FY2012 at increased levels.

(Sec. 102) Provides for the determination of allotments for the 50 states and the District of Columbia for FY2008-FY2012.

(Sec. 103) Makes a one-time appropriation of additional funds to the Secretary of Health and Human Services for FY2012.

(Sec. 104) Revises funding requirements for the territories under CHIP and SSA title XIX (Medicaid) for FY2008-FY2012.

Removes federal matching payments for data reporting systems from the overall limit on payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

Directs the Comptroller General to report to the appropriate congressional committees on federal funding under Medicaid and CHIP for such territories.

(Sec. 105) Establishes in the Treasury the CHIP Incentive Bonuses Pool, from which incentive bonuses may be paid to states.

(Sec. 106) Provides for phase-out of CHIP coverage for nonpregnant childless adults, leaving states an option to apply for a Medicaid waiver to continue coverage for such adults. Prescribes terms and conditions for coverage of parents of targeted low-income children.

Directs the Comptroller General to study and report to Congress on whether: (1) the coverage of a parent, a caretaker relative, or a legal guardian of a targeted low-income child under a state CHIP health plan increases the enrollment of, or the quality of care for, children; and (2) such parents, relatives, and legal guardians who enroll in such a plan are more likely to enroll their children in such a plan or in a state Medicaid plan.

(Sec. 107) Gives states the option to cover targeted low-income pregnant women under CHIP through a state plan amendment if certain conditions are met, including that the state has established an income eligibility level of at least 185% of the federal poverty line for pregnant women under Medicaid.

(Sec. 108) Establishes in the Treasury the CHIP Contingency Fund for payments to an eligible state solely to eliminate its shortfall (that is, the amount by which a state's available federal CHIP allotments are not adequate to cover the state's federal CHIP expenditures.)

(Sec. 109) Revises requirements for the availability of allotments, with changes including: (1) making CHIP allotments only through FY2006 available for three years (as under current law); (2) making CHIP allotments for FY2007-FY2012 available for two years; and (3) establishing a rule for counting expenditures against CHIP contingency fund payments, fiscal year allotments, and incentive bonuses.

(Sec. 110) Places a limitation on the matching rate for states that propose to cover children with effective family income exceeding 300% of the federal poverty line.

(Sec. 111) Provides qualifying states the option to receive the enhanced portion of the CHIP matching rate for Medicaid coverage of certain children.

<b>Title II: Outreach and Enrollment</b> - (Sec. 201) Amends SSA title XXI to direct the Secretary to award grants to eligible entities during FY2008-FY2012 to conduct outreach and enrollment efforts to increase the enrollment and participation of eligible children under CHIP and Medicaid.

Makes necessary appropriations.

Directs the Secretary to develop and implement a national enrollment campaign to improve the enrollment of underserved child populations in CHIP and Medicaid programs.

(Sec. 202) Amends SSA title XI to provide for increased outreach and enrollment of Indians in CHIP and Medicaid.

Waives the 10% cap on CHIP payments for outreach with respect to any expenditures for outreach activities to families of Indian children likely to be eligible for child health assistance under the state Medicaid plan or related waivers, in order to inform such families of the availability of, and to assist them in enrolling their children in, such plans.

(Sec. 203) Directs the Secretary to establish a three-year demonstration program under which up to 10 states shall be authorized to rely on findings by an Express Lane agency to determine whether a child has met Medicaid or CHIP eligibility requirements.

Makes necessary appropriations.

(Sec. 204) Amends SSA title XIX to authorize a federal or state agency or private entity in possession of the sources of data directly relevant for Medicaid eligibility determination to convey such information to the state Medicaid agency, if such conveyance meets specified requirements.

<b>Title III: Reducing Barriers to Enrollment</b> - (Sec. 301) Amends title XIX to give states the option to verify a declaration of U.S. citizenship or nationality for purposes of Medicaid eligibility through verification of name and Social Security number.

(Sec. 302) Requires state child health insurance plans to describe procedures used to reduce administrative barriers to enrollment of children and eligible pregnant women under CHIP.

<b>Title IV: Reducing Barriers to Providing Premium Assistance - Subtitle A: Additional State Option for Providing Premium Assistance</b> - (Sec. 401) Gives states the option to provide a premium assistance subsidy for qualified employer-sponsored coverage to all targeted low-income children eligible for CHIP who have access to such coverage in accordance with the requirements of this title.

Directs the Comptroller General of the United States to study and report to Congress on cost and coverage issues relating to any state premium assistance programs for which federal Medicaid and CHIP matching payments are made.

(Sec. 402) Requires state CHIP plans to describe procedures in place to provide outreach, education, and enrollment assistance for families of children likely to be eligible for premium assistance subsidies under CHIP or a specified waiver.

<b> Subtitle B: Coordinating Premium Assistance With Private Coverage</b> - (Sec. 411) Amends the Internal Revenue Code to require a group health plan to permit an employee who is eligible, but not enrolled, for coverage under the plan to enroll if either of the following conditions are met: (1) the employee or dependent covered under Medicaid or CHIP has coverage terminated as a result of loss of eligibility, and the employee requests coverage under the group health plan within 60 days after such termination; or (2) the employee or dependent becomes eligible for assistance, with respect to Medicaid or CHIP coverage, if the employee requests coverage within 60 days after the date the employee or dependent is determined to be eligible.

Directs the Secretary and the Secretary of Labor jointly to establish a Medicaid, CHIP, and Employer-Sponsored Coverage Coordination Working Group to: (1) develop the model coverage disclosure form; and (2) identify impediments to the effective coordination of coverage available to families.

<b>Title V: Strengthening Quality of Care And Health Outcomes of Children</b> - (Sec. 501) Amends SSA title XI to direct the Secretary to identify and publish for general comment an initial, recommended core set of child health quality measures for use by state Medicaid and CHIP programs, health insurance issuers and managed care entities that contract with such programs, and item and service providers. Directs the Secretary to identify existing quality of care measures for children that are: (1) in use under public and privately sponsored health care arrangements; or (2) part of reporting systems that measure both the presence and duration of health insurance coverage over time.

Directs the Secretary to establish a pediatric quality measures program to improve and strengthen such initial core child health care quality measures.

Directs the Secretary to award: (1) grants and contracts for the development, testing, and validation of new, emerging, and innovative evidence-based measures for children's health care services; and (2) up to 10 grants to states and child health providers for demonstration projects to evaluate promising ideas for improving the quality of children's health care and the use of health information technology. Allocates funding.

Directs the Secretary to conduct a childhood obesity demonstration project. Authorizes appropriations for FY2008-FY2012.

Directs the Secretary to establish a program to encourage the development and dissemination of a model electronic health record format for children enrolled in a state Medicaid or CHIP plan.

Requires the Institute of Medicine to study and report to Congress on pediatric health and health care quality measures.

Makes appropriations for this section.

Increases the matching rate for collecting and reporting on child health measures.

(Sec. 502) Specifies the information each state must cover in its annual CHIP report to the Secretary, including eligibility criteria, enrollment, and retention data.

Requires the Comptroller General to study and report to the appropriate congressional committees on children's access to primary and specialty services under Medicaid and CHIP.

(Sec. 503) Applies certain managed care quality safeguards to CHIP.

<b>Title VI: Miscellaneous</b> - (Sec. 601) Makes a technical correction regarding current state authority under Medicaid.

(Sec. 602) Applies a federal medical assistance percentage (FMAP) of 90% to expenditures related to administration of payment error rate measurement (PERM) requirements applicable to CHIP.

Excludes from the 10% cap on CHIP administrative costs all expenditures related to the administration of PERM requirements.

Prohibits the Secretary from calculating or publishing any national or state-specific error rate based on the application of PERM requirements to CHIP until after a final rule implementing such requirements is in effect for all states. Specifies requirements for any calculation of a national error rate or a state specific error rate after such a final rule is in effect for all states.

Requires the final rule implementing the PERM requirements to include: (1) clearly defined criteria for errors for both states and providers; (2) a clearly defined process for appealing error determinations by review contractors; and (3) clearly defined responsibilities and deadlines for states in implementing any corrective action plans.



Directs the Secretary to review the Medicaid Eligibility Quality Control (MEQC) requirements with PERM requirements and coordinate consistent implementation of both sets of requirements, while reducing redundancies.

Allows a state to elect, for purposes of determining the erroneous excess payments for the applicable fiscal year medical assistance ratio, to substitute data resulting from the application of the PERM requirements to the state after the final rule implementing such requirements is in effect for all states for data obtained from the application of MEQC requirements to the state.

Directs the Secretary to establish state-specific sample sizes for application of the PERM requirements with respect to state child health plans for fiscal years beginning with FY2009.

(Sec. 603) Eliminates the counting of Medicaid child presumptive eligibility costs against a state's CHIP allotment.

(Sec. 604) Appropriates increased amounts for data collection and requires the Secretary of Commerce, among other things, to make appropriate adjustments to the Current Population Survey (CPA) to: (1) develop more accurate state-specific estimates of the number of children enrolled under Medicaid; and (2) include health insurance survey information in the American Community Survey (ACS) related to children.

Authorizes the Secretary to transition to the use of all, or some combination of, ACS estimates, instead of the CPS, if the Secretary of Commerce so recommends.

(Sec. 605) Amends the Deficit Reduction Act of 2005 to make a technical amendment to the requirement to provide early and periodic screening, diagnostic, and treatment (epsdt) services for all children in benchmark benefit packages.



(Sec. 607) Prescribes requirements to achieve mental health parity in CHIP plans.

(Sec. 608) Requires the Secretary to make dental health grants to states for targeted low-income children enrolled in state child health plans.

Directs the Comptroller General to study and report to the approriate congressional committees on children's access to oral health care, including preventive and restorative services, under Medicaid and CHIP.

(Sec. 609) Applies to CHIP the prospective payment system (PPS) for federally-qualified health centers and rural health clinics.

(Sec. 610) Support for Injured Servicemembers Act - Amends the Family and Medical Leave Act to provide for family leave for covered members of the armed forces, including related civilian federal civil service employees who give care to such servicemembers.

(Sec. 611) Military Family Job Protection Act - Prohibits a family member of a recovering servicemember from being denied retention in employment, promotion, or any benefit of employment by an employer on the basis of the family member's absence from employment for up to 52 workweeks in order to care for the servicemember.

(Sec. 612) Expresses the sense of the Senate that it: (1) recognizes the necessity to improve affordability and access to health insurance for all Americans; (2) acknowledges the value of building upon the existing private health insurance market; and (3) affirms its intent to enact legislation this year that, with appropriate consumer protections, improves access to affordable and meaningful health insurance coverage for employees of small business and individuals.

(Sec. 613) Authorizes appropriations for FY2008-FY2012 to fund demonstration projects for voluntary incentive programs to promote children's receipt of relevant screenings and improvements in healthy eating and physical activity with the aim of reducing the incidence of type 2 diabetes.

(Sec. 614) Establishes a task force to conduct a nationwide campaign of education and outreach for small business concerns regarding the availability of coverage for children through private insurance options, the Medicaid program, and CHIP.

<b>Title VII: Revenue Provisions </b>- (Sec. 701) Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers; (4) cigarette tubes; (5) smokeless tobacco; (6) pipeless tobacco; (7) pipe tobacco; and (8) roll-your-own tobacco. Allows a credit of $500 against such increased excise taxes. Makes such tax increases on tobacco products effective January 1, 2008, and payable on or before April 1, 2008.

(Sec. 702) Makes requirements relating to permits, inventories and reports, and records applicable to manufacturers and importers of processed tobacco. Revises criteria for the denial, suspension, or revocation of permits for tobacco manufacturers or importers.

Requires immediate payment of tax on tobacco products not produced on the premises of the manufacturer.

(Sec. 703) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to decrease from 114.50% to 113.25% the estimated tax rate for certain large corporations in the third quarter of 2012.

<b>Title VIII: Effective Date</b> - Makes the the amendments made by this Act effective on October 1, 2007, regardless of whether final regulations have been promulgated to carry out such amendments.

Allows certain state plans under titles XIX (Medicaid) or XXI (State Children's Health Insurance) (CHIP) of the Social Security Act that require state legislation to meet additional requirements imposed by this Act additional time to make required plan changes.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 10/3/2007: Vetoed10/18/2007: Failed of passage in House over veto. Status: On passage, the objections of the President to the contrary notwithstanding Failed by President.the Yeas and Nays: (2/3 required): 273 - 156 (Roll no. 982).
</status>

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== Points in Favor ==

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== Points Against ==

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Visitor Comments Comments Feed for This Bill

Terra

May 11, 2007, 6:33am (report abuse)

How about tax relief for everybody?

Ken

May 19, 2007, 9:07pm (report abuse)

I agree. Tax corporations who run the country, and repeal the income tax for all individuals, except those raking in more than the cost of the median US home price.

kenb

May 25, 2007, 12:57pm (report abuse)

Your metric of a $6.73 savings per family has no bearing on this bill. I don't have a small business, so I don't get a saving.

towman

June 27, 2007, 11:01am (report abuse)

Read the bill! It appears to limit the tax relief a trust-fund baby under 24 can obtain. In other words, they pay higher taxes for not having a job...Sounds good to me, but will it pass?

doh

August 8, 2007, 5:37pm (report abuse)

I found this on google

Dubya

September 17, 2007, 7:19pm (report abuse)

When all is said and done, the tax on tobacco products will not sate their appetite. But, they have a "Law" once the President sings it and therefore are authorized to take the money from any and all sources to fund their 'socialized insurance', the Socialists' dream.
They start off by taxing 'only 5.0% with 95% supporting their idea, how can it go wrong? Once it is 'Law' they can shift the money from any and all incomes to finance it! You will all pay.

Great Danes

October 1, 2007, 9:39am (report abuse)

Hey I smoke and I'll tell you ..If these guys think I'm going to be taxed to death and then NOT be able to Smoke...GUESS WHAT I DO......I QUIT!!
Now WHO PAYS FOR THIS??? YOU DO!

Gary

October 1, 2007, 6:19pm (report abuse)

Most people fail to understand, Corporations don't pay taxes per say. The taxes that they pay are passed right to us that purchase their product or service. So if the government increases the tax to corporations, their price of product/service goes up to us, the consumer to off-set the higher tax burden on them

Ann

October 2, 2007, 8:27am (report abuse)

Look, small business is good. It allows smaller business to hire people and give them some way to help them with medical.

Jobs is everyone's business.

Gary's right, they pass the cost of taxes to the comsumer.

Incomes have not rised with the rate of inflation. Larger corporations net profit has increased, but employee income under the line of executives has not. When the coporations take away some of the benefits from those employees because they say they cannot afford it, then employees are forced to get help someplace else. It's one thing to be a healthy adult and have to pay occasional medical bills when you are sick, it's quite another not to get regular medical for the kids. It's not just about socialized medicine, it's about making sure the children have medical regardless of benefits or have, or not have. We were all kids once.

Bob

October 4, 2007, 9:08pm (report abuse)

Why is there rarely any mention about how much a the tax on a pack of cigaretts would be, not only cigaretts byt any form of tobacco products including rolling papers.

http://thomas.loc.gov/cgi-bin/query/F?c110:7:./temp/~c1103m5nSR:e332435...

Mia

October 15, 2007, 9:31am (report abuse)

I don't want this bill at all but here are some other problems: where are the requirements from the feds to the states to REQUIRE means and assets testing? It is ridiculous that a family can have $400,000 in property, 4 kids in private school, 3 newer cars, part-time jobs that pay $45,000 and get benefits. This is not an example of the working poor. This is an example of a family who is better off than I am BUT I am paying my own way.

The reason I am against this bill is because it is another example of creeping socialism. Our government is trying to steal our liberties slowly and we are asleep. If we don't stop them now, with this bill and with each bill like this they will get away with it. Stop going to DC with your hand out. Each time you do you lose a piece of your freedom.

D-Bo

October 16, 2007, 7:42pm (report abuse)

This is the only site I have found with a direct link to the actual bill. Independent thinkers can read the bill and come to their own conclusions. Everyone should try it instead of being spoon-fed BS by the media.
After reading the bill, I've found a couple of shortfalls. A) States are required to match the contribution made by the feds. Some states are poorer, and may not be able to contribute as much. B) There isn't a contingency plan in case tobacco & para. taxes do not meet their projected income. C) The bill provides coverage from the womb to adulthood.
The biggest problem with the bill: Consequences of poor decisions made by reproducing adults are now society's responsibility.

Jonathan

October 22, 2007, 12:55pm (report abuse)

I think there is a misconception about corporations and taxes. I own a small IT consulting company and trust me, corporations pay a lot of taxes that can't simply be passed on to consumersl.

If government spending was in check and foreign policy particularly in the middle east was more realistic, the government could fund this bill without implementing additional taxes of any sort.

The biggest problem is that neither the president or congress have a clue about how to effectively utilize the military using effective strategies that combat terrorism and the guerilla tactics presented by many radical islamic fundamentalist.

Stop using the military in Iraq for policing which should allow the military to significantly downsize from Iraq, refocus on al Qaeda and killing Bin Laden and his top aides, and fund H.R. 976 with a fraction of the funds that would have been wasted in Iraq!

Cigar Man

October 29, 2007, 7:08pm (report abuse)

VOT NAY ON THIS BILL. The tax increase on cigars is crazy. $3 per cigar is more than double of many good hand rolled cigars cost. This price increase is going to cause many small business owners of cigar stores to go out of business. The impact of this tax will send shock waves through south american countries that struggle much more than us americans. Most of nicaragua, honduras, and dominican republic use money from the cigar industry to survive and a large number of these people are women with children. The tax increase will fail to raise money to fund this program because many cigar smokers will not buy enough cigars at this elevated price. VOTE NO ON SCHIP and keep your hands of my smokes.

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