[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1925 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1925
To amend title XIX of the Social Security Act to protect at-risk youth
against termination of Medicaid eligibility while an inmate of a public
institution.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2017
Mr. Cardenas (for himself and Mr. Griffith) 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 at-risk youth
against termination of Medicaid eligibility while an inmate of a public
institution.
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 2017''.
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
(82);
(B) by striking the period at the end of paragraph
(83) and inserting ``; and''; and
(C) by inserting after paragraph (83) the following
new paragraph:
``(84) provide that--
``(A) the State shall not terminate eligibility for
medical assistance under a State plan for an individual
who is an eligible juvenile (as defined in subsection
(nn)(2)) because the juvenile is an inmate of a public
institution (as defined in subsection (nn)(3)), but may
suspend coverage during the period the juvenile is such
an inmate;
``(B) the State shall restore coverage for such
medical assistance to such an individual upon the
individual's release from any such public institution,
without requiring a new application from the
individual, 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:
``(nn) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(84) and this subsection:
``(1) Juvenile.--The term `juvenile' means an individual
who is--
``(A) under 21 years of age; 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 eligible for medical assistance under the State plan
immediately before becoming an inmate of such a public
institution or who becomes eligible 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) No Change in Continuity of Eligibility Before Adjudication or
Sentencing.--Nothing in this section shall be construed to mandate,
encourage, or suggest that a State suspend or terminate coverage for
individuals before they have been adjudicated or sentenced.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility 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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