S 56
112th CONGRESS
1st Session
S. 56
To amend title XIX of the Social Security Act to improve access
to advanced practice nurses and physician assistants under the Medicaid
Program.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. INOUYE introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To amend title XIX of the Social Security Act to improve access
to advanced practice nurses and physician assistants under the Medicaid
Program.
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 `Medicaid Advanced Practice Nurses and
Physician Assistants Access Act of 2011'.
SEC. 2. IMPROVED ACCESS TO SERVICES OF ADVANCED PRACTICE NURSES AND
PHYSICIAN ASSISTANTS UNDER STATE MEDICAID PROGRAMS.
(a) Primary Care Case Management- Section 1905(t)(2) of the Social Security
Act (42 U.S.C. 1396d(t)(2)) is amended by striking subparagraph (B)
and inserting the following:
`(B) A nurse practitioner (as defined in section 1861(aa)(5)(A)).
`(C) A certified nurse-midwife (as defined in section 1861(gg)).
`(D) A physician assistant (as defined in section 1861(aa)(5)(A)).'.
(b) Fee-for-Service Program- Section 1905(a)(21) of such Act (42 U.S.C.
1396d(a)(21)) is amended--
(1) by inserting `(A)' after `(21)';
(2) by striking `services furnished by a certified pediatric nurse
practitioner or certified family nurse practitioner (as defined by
the Secretary) which the certified pediatric nurse practitioner or
certified family nurse practitioner' and inserting `services furnished
by a nurse practitioner (as defined in section 1861(aa)(5)(A)) or
by a clinical nurse specialist (as defined in section 1861(aa)(5)(B))
which the nurse practitioner or clinical nurse specialist';
(3) by striking `the certified pediatric nurse practitioner or certified
family nurse practitioner' and inserting `the nurse practitioner or
clinical nurse specialist'; and
(4) by inserting before the semicolon at the end the following: `and
(B) services furnished by a physician assistant (as defined in section
1861(aa)(5)) with the supervision of a physician which the physician
assistant is legally authorized to perform under State law'.
(c) Including in Mix of Service Providers Under Medicaid Managed Care
Organizations- Section 1932(b)(5)(B) of such Act (42 U.S.C. 1396u-2(b)(5)(B))
is amended by inserting `, with such mix including nurse practitioners,
clinical nurse specialists, physician assistants, certified nurse midwives,
and certified registered nurse anesthetists (as defined in section 1861(bb)(2))'
after `services'.
(d) Effective Date- The amendments made by this section shall apply
to items and services furnished in calendar quarters beginning on or
after 90 days after the date of the enactment of this Act, without regard
to whether or not final regulations to carry out such amendments have
been promulgated by such date.
END
