Congress expands Medicaid preeclampsia screening—but leaves door open for diagnostic industry.
H.R. 9061 — PREEMPT Act · Filed by Thomas Kean (R-NJ) · 5 cosponsors · Introduced May 29, 2026 · Referred to committee
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What it does
This bill directs the Secretary of Health and Human Services to issue guidance within 180 days on which preeclampsia screening and detection tests—including advanced biomarker tests—may be covered under Medicaid and the Children's Health Insurance Program (CHIP). It also requires the Secretary to provide technical assistance to states within 30 days of request to help them determine coverage for specific preeclampsia tests, though states are not required to request this assistance or adopt any particular coverage policy.
Why we flagged it
The bill's stated purpose is to improve maternal health outcomes by clarifying Medicaid/CHIP coverage of preeclampsia screening. However, its operative mechanism—directing HHS to 'consider' advanced biomarker tests and FDA-cleared devices—creates a regulatory pathway that will likely expand reimbursement for proprietary diagnostic products, making it a hybrid public-health and industry-benefit measure.
What the text implies
- The bill's requirement that HHS 'consider' biomarker tests and FDA-cleared devices may effectively create a presumption of coverage for new diagnostic products, shifting the burden to states to justify non-coverage rather than requiring manufacturers to justify coverage—a subtle but significant regulatory advantage for the diagnostic industry.
- By framing guidance around 'best practices' and 'early screening,' the bill may incentivize states to expand coverage beyond current practice, increasing Medicaid/CHIP spending on diagnostic testing without explicit appropriations or cost-benefit analysis.
The full analysis lists 4 implications of this text.
Who stands to gain
Diagnostic test manufacturers (biomarker test developers); Clinical laboratories (CLIA-certified high-complexity testing facilities); In vitro diagnostic (IVD) device companies