[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8108 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8108
_______________________________________________________________________
AN ACT
To amend title XIX of the Social Security Act to add a Medicaid State
plan requirement with respect to the determination of residency of
certain individuals serving in the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING RESIDENCY
AND COVERAGE FOR MILITARY FAMILIES.
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is
amended--
(1) in subsection (a)--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) beginning January 1, 2028, provide, with respect to
an active duty relocated individual (as defined in subsection
(uu)(1))--
``(A) that, in determining eligibility for medical
assistance under the State plan (or waiver of such
plan), the relocation described in such subsection is
deemed to be a temporary absence for purposes of
section 435.403(j)(3) of title 42, Code of Federal
Regulations (or any successor regulation);
``(B) that if, at the time of such relocation, such
active duty relocated individual is on a home and
community-based services waiting list (as defined in
subsection (uu)(2)), such individual remains on such
list until--
``(i) the State completes an assessment and
renders a decision with respect to the
eligibility of such individual to receive the
relevant home and community-based services at
the time a slot for such services becomes
available and, in the case such decision is a
denial of such eligibility, such individual has
exhausted the individual's opportunity for a
fair hearing in accordance with paragraph (3);
or
``(ii) such individual elects to be removed
from such list; and
``(C) payment for medical assistance furnished
under the State plan (or a waiver of the plan) to such
active duty relocated individual in the temporary
relocation State (as referred to in subsection (uu)(1))
in accordance with such guidance as the Secretary may
issue to ensure access to such assistance.''; and
(2) by adding at the end the following new subsection:
``(uu) Active Duty Relocated Individual; Home and Community-based
Services Waiting List.--For purposes of subsection (a)(88) and this
subsection:
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual enrolled under
the State plan (or waiver of such plan)--
``(A) who--
``(i) is a member of the Armed Forces
engaged in active duty service and is
temporarily relocated (as specified by the
Secretary) to another State (in this subsection
referred to as the `temporary relocation
State') by reason of such service;
``(ii) at any point during the preceding 1-
year period, was such a member so engaged in
such service and was temporarily relocated to
the temporary relocation State by reason of
such service, but is no longer so engaged in
such service (including by reason of retirement
from such service); or
``(iii) is a dependent (as defined by the
Secretary) of a member described in clause (i)
or (ii) who temporarily relocates to the
temporary relocation State with such member;
and
``(B) who--
``(i) was receiving home and community-
based services (as defined in section
9817(a)(2)(B) of the American Rescue Plan Act
of 2021) at the time of such relocation; or
``(ii) if the State maintains a home and
community-based services waiting list, was on
such home and community-based services waiting
list at the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means, in
the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a) or section 1915(c), a list maintained by
such State of individuals who have applied to receive such
services under either such section but for whom the State has
not yet completed an assessment and rendered a decision with
respect to the eligibility of such individuals to receive the
relevant home and community-based services at the time a slot
for such services becomes available due to such limit.''.
Passed the House of Representatives September 23, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 8108
_______________________________________________________________________
AN ACT
To amend title XIX of the Social Security Act to add a Medicaid State
plan requirement with respect to the determination of residency of
certain individuals serving in the Armed Forces.