Directs the Secretary of Health and Human Services to reimburse State agencies for the costs of such blood lead screening tests performed by them or by contractors for infants or children who are eligible under Medicaid or the State children's health insurance program (SCHIP) of the Social Security Act.
Authorizes State agencies or contractors administering WIC programs, and entities operating Early Head Start programs, to be awarded waivers of requirements under this Act if: (1) they establish plans to increase the number of blood lead screening tests of infants and children enrolled in such programs; and (2) such plans meet requirements set by the Secretary and the Director of the Centers for Disease Control and Prevention.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1469 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1469
To amend the Head Start and Early Head Start programs to ensure that
children eligible to participate in those programs are identified and
treated for lead poisoning, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2001
Mr. Reed (for himself, Mr. Torricelli, Mrs. Carnahan, Mr. Durbin, Mr.
Lieberman, Mr. Wellstone, and Mrs. Clinton) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Head Start and Early Head Start programs to ensure that
children eligible to participate in those programs are identified and
treated for lead poisoning, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Childhood Lead Poisoning
Prevention Act of 2001''.
SEC. 2. LEAD POISONING SCREENING FOR THE HEAD START AND EARLY HEAD
START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
(1) in the first sentence of subsection (d), by inserting
before the period the following: ``and shall comply with
subsection (h)''; and
(2) by adding at the end the following:
``(h) Lead Poisoning Screening.--
``(1) In general.--An entity shall--
``(A) determine whether a child eligible to
participate in the program described in subsection
(a)(1) has received a blood lead screening test using a
test that is appropriate for age and risk factors upon
the enrollment of the child in the program; and
``(B) in the case of a child who has not received a
blood lead screening test, ensure that each enrolled
child receives such a test either by referral or by
performing the test (under contract or otherwise).
``(2) Screenings by entities.--
``(A) In general.--An entity may (under contract or
otherwise) perform a blood lead screening test that is
appropriate for age and risk factors on a child who
seeks to participate in the program.
``(B) Reimbursement.--
``(i) Children enrolled in or eligible for
medicaid.--On the request of an entity that
performs or arranges for the provision of a
blood lead screening test under subparagraph
(A) of a child that is eligible for or
receiving medical assistance under a State plan
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), the Secretary of Health
and Human Services, notwithstanding any other
provision of, or limitation under, title XIX of
the Social Security Act, shall reimburse the
entity, from funds that are made available
under that title, for the Federal medical
assistance percentage (as defined in section
1905(b) of the Social Security Act (42 U.S.C.
1396d(b)) of the cost of the test and data
reporting. Such costs shall include, if
determined to be desirable by the State agency,
the costs of providing screening through
clinical laboratories certified under section
353 of the Public Health Service Act (42 U.S.C.
263a), or purchasing, for use at sites
providing services under this section, blood
lead testing instruments and associated
supplies approved for sale by the Food and Drug
Administration and used in compliance with such
section 353.
``(ii) Children enrolled in or eligible for
schip.--In the case of a blood lead screening
test performed under subparagraph (A) (by the
entity or under contract with the entity) on a
child who is eligible for or receiving medical
assistance under a State plan under title XXI
of the Social Security Act, the Secretary of
Health and Human Services, notwithstanding any
other provision of, or limitation under, such
title XXI, shall reimburse the entity, from
funds that are made available under that title,
for the enhanced FMAP (as defined in section
2105(b) of the Social Security Act (42 U.S.C.
1397ee(b)) of the cost of the test and data
reporting. Such costs shall include the costs
described in the second sentence of clause (i).
``(3) Authorization for early head start.--There is
authorized to be appropriated such sums as may be necessary to
carry out this subsection with respect to blood lead screening
tests performed under this subsection on an infant or child,
and any data reporting with respect to such infant or child,
who is not eligible for coverage under title XIX or XXI of the
Social Security Act, or is not otherwise covered under a health
insurance plan.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as requiring a child eligible to participate
in the program described in subsection (a)(1) to undergo a
blood lead screening test if the child's parent or guardian
objects to the test on the ground that the test is inconsistent
with the parent's or guardian's religious beliefs.
``(5) Head start.--The provisions of this subsection shall
apply to head start programs that include coverage, directly or
indirectly, for infants and toddlers under the age of 3
years.''.
SEC. 3. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)) is amended by adding at the end the following:
``(4) Lead poisoning screening.--
``(A) In general.--A State agency shall--
``(i) determine whether an infant or child
eligible to participate in the program under
this section has received a blood lead
screening test using a test that is appropriate
for age and risk factors upon the enrollment of
the infant or child in the program; and
``(ii) in the case of an infant or child
who has not received a blood lead screening
test--
``(I) refer the infant or child for
receipt of the test; and
``(II) determine whether the infant
or child receives the test during a
routine visit with a health care
provider.
``(B) Screenings by state agencies.--
``(i) In general.--A State agency may
(under contract or otherwise) perform a blood
lead screening test that is appropriate for age
and risk factors on an infant or child who
seeks to participate in the program.
``(ii) Reimbursement.--
``(I) Children enrolled in or
eligible for medicaid.--On the request
of a State agency that performs or
arranges for the provision of a blood
lead screening test under clause (i) of
an infant or child that is eligible for
or receiving medical assistance under a
State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.), the Secretary of Health and
Human Services, notwithstanding any
other provision of, or limitation
under, title XIX of the Social Security
Act, shall reimburse the State agency,
from funds that are made available
under that title, for the Federal
medical assistance percentage (as
defined in section 1905(b) of the
Social Security Act (42 U.S.C.
1396d(b)) of the cost of the test and
data reporting. Such costs shall
include, if determined to be desirable
by the State agency, the costs of
providing screening through clinical
laboratories certified under section
353 of the Public Health Service Act
(42 U.S.C. 263a), or purchasing, for
use at sites providing services under
this section, blood lead testing
instruments and associated supplies
approved for sale by the Food and Drug
Administration and used in compliance
with such section 353.
``(II) Children enrolled in or
eligible for schip.--In the case of a
blood lead screening test performed
under clause (i) (by the State agency
or under contract with the State
agency) on an infant or child who is
eligible for or receiving medical
assistance under a State plan under
title XXI of the Social Security Act,
the Secretary of Health and Human
Services, notwithstanding any other
provision of, or limitation under, such
title XXI, shall reimburse the State
agency, from funds that are made
available under that title, for the
enhanced FMAP (as defined in section
2105(b) of the Social Security Act (42
U.S.C. 1397ee(b)) of the cost of the
test and data reporting. Such costs
shall include the costs described in
the second sentence of subclause (I).
``(C) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary to carry out this paragraph with respect to
blood lead screening tests performed under this
paragraph on an infant or child, and any data reporting
with respect to such infant or child, who is not
eligible for coverage under title XIX or XXI of the
Social Security Act, or is not otherwise covered under
a health insurance plan.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed as requiring a child
eligible to participate in the program under this
section to undergo a blood lead screening test if the
child's parent or guardian objects to the test on the
ground that the test is inconsistent with the parent's
or guardian's religious beliefs.''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act take effect on the date that is 18 months
after the date of enactment of this Act.
(b) WIC and Early Head Start Waivers.--
(1) In general.--A State agency or contractor administering
the program of assistance under the special supplemental
nutrition program for women, infants and children (WIC) under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
or an entity carrying out activities under section 645A of the
Head Start Act (42 U.S.C. 9840a) may be awarded a waiver from
the amendments made by sections 2 and 3 (as applicable) if the
State where the agency, contractor, or entity is located
establishes to the satisfaction of the Secretary of Health and
Human Services, in accordance with requirements and procedures
recommended in accordance with paragraph (2) to the Secretary
by the Director of the Centers for Disease Control and
Prevention, in consultation with the Centers for Disease
Control and Prevention Advisory Committee on Childhood Lead
Poisoning Prevention, a plan for increasing the number of blood
lead screening tests of children enrolled in the WIC and the
Early Head Start programs in the State.
(2) Development of waiver procedures and requirements.--Not
later than 12 months after the date of enactment of this Act,
the Director of the Centers for Disease Control and Prevention,
in consultation with the Centers for Disease Control and
Prevention Advisory Committee on Childhood Lead Poisoning
Prevention, shall develop and recommend to the Secretary of
Health and Human Services criteria and procedures (including a
timetable for the submission of the State plan described in
paragraph (1)) for the award of waivers under that paragraph.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9877)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S9877-9878)
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