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Congressional Record—Senate S2865

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Congressional Record—Senate S2865 March 22, 2004 CONGRESSIONAL RECORD — SENATE S2865 prior to submission of the proposal to the than 50 million vulnerable Americans, and Treatment (EPSDT) program. Secretary. Such notice shall include— including pregnant women, kids, people Money intended for the care of children ‘‘(A) the proposal; with disabilities, and seniors in nursing under CHIP would be used for that pur- ‘‘(B) the methodologies underlying the pro- homes. Preserving the integrity of each pose. Finally, the process for reviewing posal; ‘‘(C) the justifications for the proposal; of these programs should be one of our and approving 1115 waivers would be ‘‘(D) the State’s projections regarding the top priorities. The bill that we are in- more transparent, allowing greater op- likely effect and impact of the proposal on troducing today would ensure that Sec- portunities for public notice and com- individuals eligible for assistance and pro- tion 1115 of the Social Security Act— ment. viders or suppliers of items or services under the so-called ‘‘1115 waiver authority’’— The Medicaid and CHIP Safety Net title XIX or XXI (including under any dem- does not erode the core objectives of Preservation Act is a good first step to- onstration project conducted in conjunction Medicaid and CHIP. ward preserving these critical health with either of those titles); and Medicaid and CHIP form the founda- insurance programs. However, in order ‘‘(E) the State’s assumptions on which the tion of our Nation’s health care safety to strengthen Medicaid and CHIP for projections described in subparagraph (D) are based. net. Without them, many more Ameri- the future, we must also enact legisla- ‘‘(2) With respect to any proposal for a cans would be uninsured. Unfortu- tion that gives States the resources demonstration project, or for an amendment nately, the central objectives of these they need to cover eligible Medicaid or extension of a demonstration project, entitlement programs have been beneficiaries, restores funding for the which has not been approved or disapproved threatened in recent years by short- CHIP program, and allows states great- by the Secretary as of the date of enactment sighted proposals to cap Federal fund- er flexibility within the guidelines of of this subsection, the Secretary shall— ing, questionable administrative rules the law. I urge my colleagues to sup- ‘‘(A) provide public notice in the Federal and regulations, and inappropriate port all of these important measures. Register and on the Internet website of the waivers that essentially waive the re- Centers for Medicare & Medicaid Services of By Mr. ALLARD (for himself, Mr. the proposal, any revisions of the proposal, quirements of Federal law. The Med- BROWNBACK, Mr. ENZI, Mr. and any conditions for the financing or ap- icaid and CHIP Safety Net Preserva- proval of the proposal; tion Act would address each of these INHOFE, Mr. MILLER, Mr. LOTT, ‘‘(B) provide adequate opportunity for pub- issues by reaffirming the core require- Mr. SANTORUM, Mr. SESSIONS, lic comment on the proposal, any revisions ments of Medicaid and SCHIP. and Mr. SHELBY): of the proposal, and any such conditions; Congress created Medicaid in 1965 as S.J. Res. 30. A joint resolution pro- ‘‘(C) approve such proposal, any revisions Federal-State partnership to provide posing an amendment to the Constitu- of the proposal, and any such conditions only health insurance coverage to low-in- tion of the United States relating to if, after consideration of the public com- come families on welfare. Over the marriage; to the Committee on the Ju- ments received, the Secretary determines diciary. that the proposal, any revisions of the pro- years, Medicaid has evolved into a posal, and any such conditions are likely to multi-faceted health insurance pro- S.J. RES. 30 assist in promoting the objectives of title gram that serves working families, the Resolved by the Senate and House of Rep- XIX or XXI and identifies in writing the disabled, and the elderly. Throughout resentatives of the United States of America in basis for such determination; and the evolution of Medicaid, two aspects Congress assembled, That the following article ‘‘(D) publish on such website all docu- is proposed as an amendment to the Con- of the program have remained the stitution of the United States, which shall be mentation relating to the proposal (includ- same: Federal guidelines for program ing the written determination required valid to all intents and purposes as part of under subparagraph (C)), any revisions of the administration and shared Federal and the Constitution when ratified by the legis- proposal, and any such conditions, including State responsibility for financing. This latures of three-fourths of the several States: if the proposal, any revisions of the proposal, structure has served the Medicaid pro- ‘‘ARTICLE — and any such conditions are approved— gram well. It maintains the national ‘‘SECTION 1. SHORT TITLE. ‘‘(i) the final terms and conditions for the health care safety net, while also al- ‘‘This Article may be cited as the ‘Federal demonstration project; and lowing Federal and State policymakers Marriage Amendment’. ‘‘(ii) a list identifying each provision of to tailor the program to meet local ‘‘SECTION 2. MARRIAGE AMENDMENT. title XIX or XXI, and each regulation relat- needs. ‘‘Marriage in the United States shall con- ing to either such title, with which compli- In 1997, I was joined by Senator sist only of the union of a man and a woman. ance is waived, modified, or otherwise dis- Neither this Constitution, nor the constitu- CHAFEE in introducing the Children’s regarded or for which costs that would other- tion of any State, shall be construed to re- wise not be permitted under such title will Health Insurance Program as part of quire that marriage or the legal incidents be allowed.’’. the Balanced Budget Act. The purpose thereof be conferred upon any union other SEC. 9. EFFECTIVE DATE. of this program has always been to than the union of a man and a woman.’’. (a) IN GENERAL.—Except as provided in help the children of families that do f subsection (b), the amendments made by sec- not qualify for Medicaid. At the time tions 3 through 6 shall apply to the approval that CHIP was enacted, 10 million chil- SUBMITTED RESOLUTIONS on or after the date of enactment of this Act dren were uninsured. Today, over 5 mil- of— lion children have coverage through (1) a waiver, experimental, pilot, or dem- SENATE RESOLUTION 322—DESIG- onstration project under section 1115 of the CHIP; this includes nearly 23,000 chil- NATING AUGUST 16, 2004, AS ‘‘NA- Social Security Act (42 U.S.C. 1315); and dren in the State of West Virginia. TIONAL AIRBORNE DAY’’ While we still have a long way to go in (2) an amendment or extension of such a Mr. HAGEL submitted the following project. order to provide every child with resolution; which was referred to the (b) EXCEPTION.—The amendment made by health insurance, I believe the families Committee on the Judiciary: section 5 shall not apply with respect to any touched by the CHIP program thus far extension of approval of a waiver, experi- would agree it serves its purpose well. S. RES. 322 mental, pilot, or demonstration project with The legislation that Senator BAUCUS Whereas the airborne forces of the United respect to title XIX of the Social Security States Armed Forces have a long and honor- Act that was first approved before 1994 and and I are introducing today is designed to make it very clear that certain re- able history as units of adventuresome, that provides a comprehensive and preven- hardy, and fierce warriors who, for the na- tive child health program under such project quirements under Medicaid and CHIP tional security of the United States and the that includes screening, diagnosis, and treat- are central to the overall objectives of defense of freedom and peace, project the ef- ment of children who have not attained age these programs and are not subject to fective ground combat power of the United 21. waiver. Specifically, this legislation States by Air Force air transport to the far Mr. ROCKEFELLER. Mr. President, I would ensure that 1115 waivers are not reaches of the battle area and, indeed, to the rise today to join the distinguished used to impose global caps on Federal far corners of the world; ranking member from Montana, Mr. payments to Medicaid. It would protect Whereas August 16, 2004, marks the anni- versary of the first official validation of the BAUCUS, in introducing the Medicaid the Federal guarantee of Medicaid for innovative concept of inserting United and CHIP Safety Net Preservation Act any eligible individual. Children would States ground combat forces behind the bat- of 2004. Medicaid and the Children’s continue to have access to comprehen- tle line by means of a parachute; Health Insurance Program (CHIP) pro- sive health benefits under the Early Whereas the United States experiment of vide health insurance coverage to more and Periodic Screening, Diagnostic, airborne infantry attack began on June 25, VerDate Mar 15 2010 22:21 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S22MR4.REC S22MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2866 CONGRESSIONAL RECORD — SENATE March 22, 2004 1940, when the Army Parachute Test Platoon forces, all have achieved distinction by earn- Through passage of ‘‘National Air- was first authorized by the United States De- ing the right to wear the airborne’s ‘‘Silver borne Day,’’ the Senate will reaffirm partment of War, and was launched when 48 Wings of Courage’’, thousands have achieved our support for the members of the air- volunteers began training in July of 1940; the distinction of making combat jumps, 69 Whereas the Parachute Test Platoon per- have earned the Medal of Honor, and hun- borne community.
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