HouseH.R. 9061119th Congress

PREEMPT Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9061 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9061

To amend title XIX of the Social Security Act to require the Secretary 
of Health and Human Services to issue guidance to States on which tests 
 for the screening and early detection of preeclampsia may be covered 
under the Medicaid program and the Children's Health Insurance Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 29, 2026

Mr. Kean (for himself, Ms. Kelly of Illinois, Mrs. Kiggans of Virginia, 
 and Ms. Clarke of New York) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend title XIX of the Social Security Act to require the Secretary 
of Health and Human Services to issue guidance to States on which tests 
 for the screening and early detection of preeclampsia may be covered 
under the Medicaid program and the Children's Health Insurance 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 ``Preeclampsia Risk Evaluation and 
Evidence-based Management through Personalized Testing Act'' or the 
``PREEMPT Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Centers for Disease Control and 
        Prevention, preeclampsia affects approximately 5 to 8 percent 
        of pregnancies globally, with 70,000 maternal deaths and 
        500,000 fetal deaths each year in the United States.
            (2) In the United States, Black women are at least three 
        times more likely to die due to a pregnancy-related cause when 
        compared to White women.
            (3) Preeclampsia and related cardiovascular and 
        hypertensive disorders of pregnancy are one of the leading 
        causes of maternal mortality and morbidity in the United 
        States, contributing to up to 15 percent of all maternal 
        deaths, particularly in States with the highest-risk 
        populations and in low resource settings.
            (4) Preeclampsia is a major contributor to preterm births, 
        accounting for about 15 to 20 percent of all preterm deliveries 
        in the United States.
            (5) The annual economic burden of preeclampsia in the 
        United States exceeds $2 billion, including both direct health 
        care costs to mother and baby, and indirect losses due to long-
        term health complications and lost productivity.
            (6) Risk factors for preeclampsia include maternal age, 
        pre-existing diabetes, pregnancies with multiples, chronic 
        hypertension, obesity, multiple pregnancies, and certain 
        autoimmune diseases, all of which can increase the likelihood 
        of developing this condition.
            (7) Women who develop preeclampsia during pregnancy have an 
        elevated risk of long-term cardiovascular complications, 
        including chronic hypertension, heart disease and stroke.

SEC. 3. GUIDANCE ON MEDICAID COVERAGE OF PREECLAMPSIA SCREENING AND 
              DETECTION TESTS.

    Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is 
amended by inserting after section 1948 the following new section:

``SEC. 1949. GUIDANCE AND TECHNICAL ASSISTANCE WITH RESPECT TO COVERAGE 
              OF PREECLAMPSIA SCREENING AND DETECTION TESTS.

    ``(a) Guidance.--Not later than the date that is 180 days after the 
date of the enactment of this section, the Secretary shall issue 
guidance to States and, as appropriate, medicaid managed care 
organizations, on--
            ``(1) best practices for improving outcomes for pregnant 
        women with preeclampsia who are eligible for and receiving 
        medical assistance under a State plan (or waiver of such plan) 
        under this title or a State child health plan (or waiver of 
        such plan) under title XXI through early screening, detection, 
        and management; and
            ``(2) which tests for the early detection of preeclampsia 
        may be furnished to such pregnant women as medical assistance 
        under such a State plan (or waiver) or such a State child 
        health plan (or waiver), including whether the biomarker tests 
        described in subsection (c) may be so furnished.
    ``(b) Technical Assistance.--
            ``(1) In general.--The Secretary shall, not later than 30 
        days after receipt of a request from a State for technical 
        assistance with respect to determining whether a State plan or 
        State child health plan may provide medical assistance for a 
        specific test for the early detection of preeclampsia, 
        including a biomarker test described in subsection (c), provide 
        such technical assistance to such State.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed as creating a requirement for a State to 
        request or receive the technical assistance described in 
        paragraph (1) as a condition of providing medical assistance 
        for a specific test for the early detection of preeclampsia, or 
        of receiving Federal financial participation for such medical 
        assistance.
    ``(c) Biomarker Tests To Be Considered.--For purposes of this 
section, the Secretary shall consider advanced biomarker tests for the 
early detection of preeclampsia, including any such test that is 
regulated and cleared under the Federal Food, Drug, and Cosmetic Act as 
a device (as defined in section 201(h) of such Act), and any such 
laboratory-developed testing service furnished by a clinical laboratory 
that is certified under section 353 of the Public Health Service Act to 
perform high-complexity testing.''.
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