Healthy Mothers, Healthy Children Act of 1997

TABLE OF CONTENTS:

Title I: National Health Trust Fund for Mothers and Children

Title II: Healthy Mothers, Healthy Children Program

Title III: Financing Provisions

Healthy Mothers, Healthy Children Act of 1997 - Title I: National Health Trust Fund for Mothers and Children - Amends the Internal Revenue Code (IRC) to establish the National Health Trust Fund for Mothers and Children (Health Fund) to ensure affordable, comprehensive, high quality health care coverage for children and all uninsured pregnant women. Appropriates to the Health Fund the amount of estimated Federal savings resulting from enactment of this Act. Appropriates a limited amount of the taxes imposed by this Act on tobacco products for activities to prevent the use of other tobacco products by children and to coordinate Federal and State tobacco initiatives.

Title II: Healthy Mothers, Healthy Children Program - Amends the Public Health Service Act to require that participating States establish programs to ensure that eligible children and pregnant women are enrolled in health plans.

Mandates allocations to, and the creation of trust funds in, participating States.

Declares eligible for coverage U.S. citizens or legal resident aliens, regardless of income, who are children under seven years or uninsured pregnant women. Prohibits (except for title XIX (Medicaid) of the Social Security Act) coverage for women receiving benefits under specified Federal programs.

Allows choice of certified plans. Prohibits waiting periods. Prohibits preexisting condition exclusions for children obtaining coverage under this Act and for children and women obtaining coverage elsewhere when their coverage under this Act terminates.

Requires that benefits under this Act be better than average Medicaid benefits but not better than the most generous State's Medicaid benefits. Prohibits preventive service copayments. Sets forth minimum coverage requirements. Requires premiums or copayments. Prohibits deductibles. Allows States to develop State-specific cost sharing requirements. Prohibits cost sharing for low income families. Allows States to provide additional premium or copayment subsidies for low income families.

Regulates the amount of copayments and sets maximum annual family contribution limits. Mandates a one-time program development grant to a State.

Requires, if sufficient funding and public support exists, national eligibility expansion to include children up to 21 years old. Allows a State to expand the State program if sufficient funds are in the State fund.

Establishes the National Advisory Council on Mothers' and Children's Health.

Mandates development of national quality assessment and improvement program guidelines and national utilization review program guidelines.

Establishes a National Health Information System for Mothers and Children and a National Childhood Immunization Database.

Establishes a program for preventing, monitoring, and investigating fraud related to this title's program. Requires States to have statewide fraud and abuse systems. Allows the statewide systems to be integrated with the State's Medicaid systems.

Authorizes a temporary annual maintenance of effort fee on any employer who terminates dependent health care coverage for children under seven years old after enactment of this title. Prohibits employers from: (1) dropping employee-dependent children until six months after a State fully implements a State program; (2) selectively dropping health care coverage for employee-dependent children with higher than average utilization or health care costs; or (3) dropping pregnancy-related health care benefits for their employees and dependents after enactment of this Act.

Enrolls in the State program under this title children under seven years of age, and pregnant women, who are enrolled in Medicaid.

Makes available from the Health Fund such sums as necessary to carry out this title in each fiscal year. Authorizes to be appropriated with respect to programs and activities required to be carried out by the Secretary and by the Attorney General under this title such sums as necessary for specified fiscal years.

Amends the Federal criminal code to make it unlawful for any person knowingly to purchase, sell, distribute, or smuggle into the United States tobacco products designed for consumption beyond the territorial jurisdiction of U.S. internal revenue laws. Mandates a fine and authorizes confiscation of equipment and vehicles for violations.

Title III: Financing Provisions - Amends the Internal Revenue Code to increase taxes imposed on tobacco products and cigarette papers and tubes. Provides for the treatment of floor stocks and foreign trade zones. Allows a person who is engaged in business as a manufacturer of roll-your-own tobacco or as an importer of tobacco products or cigarette papers and tubes to continue to engage in such business pending final action on an application to engage in the business.

Establishes the Tobacco Alternatives Trust Fund (Tobacco Fund) and transfers to it a percentage of the net increase in revenues received attributable to amendments made by this title. Makes amounts in the Tobacco Fund available, as provided in appropriations Acts, for grants to States for economic development projects in areas with significant numbers of tobacco-related jobs. Terminates the provisions of this paragraph on a specified date.

Allows individuals to designate that a portion of any overpayment of taxes and a cash contribution be paid to the Health Fund.