Children's Health Insurance Accessibility Act of 2009

Children's Health Insurance Accessibility Act of 2009 - Amends title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act to prohibit application under CHIP of coverage eligibility waiting periods to children: (1) who are under two years of age; (2) who lost group health insurance coverage; or (3) for whom private coverage is unaffordable.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2496 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2496

To amend title XXI of the Social Security Act to improve access to the 
 children's health insurance program (CHIP) by providing exemptions to 
             CHIP eligibility waiting period requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2009

 Mr. Patrick J. Murphy of Pennsylvania (for himself and Mr. Tim Murphy 
 of Pennsylvania) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XXI of the Social Security Act to improve access to the 
 children's health insurance program (CHIP) by providing exemptions to 
             CHIP eligibility waiting period requirements.

    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 ``Children's Health Insurance 
Accessibility Act of 2009''.

SEC. 2. PREVENTING THE APPLICATION UNDER CHIP OF COVERAGE WAITING 
              PERIODS TO CHILDREN WHO LOSE HEALTH INSURANCE COVERAGE, 
              WHO ARE UNDER 2 YEARS OF AGE, OR FOR WHOM HEALTH 
              INSURANCE COVERAGE IS UNAFFORDABLE.

    (a) In General.--Section 2102(b)(1) of the Social Security Act (42 
U.S.C. 1397bb(b)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(v) may not apply a waiting period 
                        (including a waiting period to carry out 
                        paragraph (3)(C)) in the case of a child 
                        described in subparagraph (C).''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Description of children not subject to 
                waiting period.--For purposes of this paragraph, a 
                child described in this subparagraph is a child who, on 
                the date an application is submitted for such child for 
                child health assistance under this title, meets any of 
                the following requirements:
                            ``(i) Infants and toddlers.--The child is 
                        under two years of age.
                            ``(ii) Loss of group health plan 
                        coverage.--The child previously had private 
                        health insurance coverage through a group 
                        health plan or health insurance coverage 
                        offered through an employer and lost such 
                        coverage due to--
                                    ``(I) termination of an 
                                individual's employment;
                                    ``(II) a reduction in hours that an 
                                individual works for an employer;
                                    ``(III) elimination of an 
                                individual's retiree health benefits; 
                                or
                                    ``(IV) termination of an 
                                individual's group health plan or 
                                health insurance coverage offered 
                                through an employer.
                            ``(iii) Unaffordable private coverage.--
                                    ``(I) In general.--The family of 
                                the child demonstrates that the cost of 
                                health insurance coverage (including 
                                the cost of premiums, co-payments, 
                                deductibles, and other cost sharing) 
                                for such family exceeds 10 percent of 
                                the income of such family.
                                    ``(II) Determination of family 
                                income.--For purposes of subclause (I), 
                                family income shall be determined in 
                                the same manner specified by the State 
                                for purposes of determining a child's 
                                eligibility for child health assistance 
                                under this title.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as of the date that is 90 days after the date of the enactment 
of this Act.
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