[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4390 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4390
To amend title XIX of the Social Security Act to protect the enrollment
of incarcerated youth for medical assistance under the Medicaid
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2014
Mr. Cardenas (for himself, Ms. Bass, Mr. Grijalva, Ms. Norton, and Mr.
Rangel) 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 protect the enrollment
of incarcerated youth for medical assistance under the Medicaid
program, and for other purposes.
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 ``At-Risk Youth Medicaid Protection
Act of 2014''.
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(80);
(B) by striking the period at the end of paragraph
(81) and inserting ``; and''; and
(C) by inserting after paragraph (81) the following
new paragraph:
``(82) provide that--
``(A) the State shall not terminate (but may
suspend) enrollment under a State plan for medical
assistance for an individual who is an eligible
juvenile (as defined in subsection (ll)(2)) because the
juvenile is an inmate of a public institution (as
defined in subsection (ll)(3));
``(B) the State shall automatically restore
enrollment for such medical assistance to such an
individual upon the individual's release from any such
public institution and shall take all necessary steps
to ensure the enrollment is effective immediately upon
release from such institution, unless (and until such
date as) there is a determination that the individual
no longer meets the eligibility requirements for such
medical assistance; and
``(C) the State shall process any application for
medical assistance submitted by, or on behalf of, a
juvenile who is an inmate of a public institution
notwithstanding that the juvenile is such an inmate.'';
and
(2) by adding at the end the following new subsection:
``(ll) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(82) and this subsection:
``(1) Juvenile.--The term `juvenile' means an individual
who is--
``(A) under 19 years of age (or such higher age as
the State has elected under section 475(8)(B)(iii)); or
``(B) is described in subsection (a)(10)(A)(i)(IX).
``(2) Eligible juvenile.--The term `eligible juvenile'
means a juvenile who is an inmate of a public institution and
was enrolled for medical assistance under the State plan
immediately before becoming an inmate of such a public
institution or who becomes eligible to enroll for such medical
assistance while an inmate of a public institution.
``(3) Inmate of a public institution.--The term `inmate of
a public institution' has the meaning given such term for
purposes of applying the subdivision (A) following paragraph
(29) of section 1905(a), taking into account the exception in
such subdivision for a patient of a medical institution.''.
(b) No Change in Exclusion From Medical Assistance for Inmates of
Public Institutions.--Nothing in this section shall be construed as
changing the exclusion from medical assistance under the subdivision
(A) following paragraph (29) of section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a
State submitting claims for Federal financial participation under title
XIX of such Act for such assistance.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility
and enrollment of juveniles who become inmates of public
institutions on or after the date that is 1 year after the date
of the enactment of this Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan for medical assistance under title XIX of
the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
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