Requiring 12-month continuous, full benefit coverage for pregnant individuals under Medicaid and CHIP

(a)

Medicaid

Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— (1)in subsection (a)— (A)in paragraph (10), in the matter following subparagraph (G), by striking (VII) the medical assistance made available to an individual described in subsection (l)(1)(A) who is eligible for medical assistance only because of subparagraph (A)(i)(IV) or (A)(ii)(IX) shall be limited to medical assistance for services related to pregnancy (including prenatal, delivery, postpartum, and family planning services), medical assistance for services related to other conditions which may complicate pregnancy, and medical assistance for vaccines described in section 1905(a)(4)(E) and the administration of such vaccines during the period described in such section, and inserting (VII) [Repealed],; (B)in paragraph (86), by striking and at the end; (C)in paragraph (87)(D), by striking the period at the end and inserting ; and; and (D)by inserting after paragraph (87) the following new paragraph:

(88)provide that the State plan is in compliance with subsection (e)(16).

; and

(2)in subsection (e)(16)— (A)in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide; (B)in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan); and (C)in subparagraph (C)— (i)by striking A State making an election under this paragraph and inserting In the case of a State; and (ii)by striking shall also make the election and inserting the State shall provide coverage. (b)

CHIP

(1)

In general

Subparagraph (J) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)), as redesignated by section 105, is amended to read as follows:

(J)Paragraphs (5) and (16) of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month period that begins on the last day of the individual's pregnancy and ends on the last day of the month in which such 12-month period ends).

(2)

Conforming amendment

Section 2112(d)(2)(A) of the Social Security Act (42 U.S.C. 1397ll(d)(2)(A)) is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1),. (c)

Effective date

(1)

In general

Subject to paragraphs (2) and (3), the amendments made by subsections (a) and (b) shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of enactment of this Act. (2)

Exception for State legislation

In the case of a State plan under title XIX of the Social Security Act or a State child health plan under title XXI of such Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of 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 the session shall be considered to be a separate regular session of the State legislature. (3)

State option for earlier effective date

A State may elect to have subsection (e)(16) of section 1902 of the Social Security Act (42 U.S.C. 1396a) and subparagraph (J) of section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)), as amended by this section, take effect with respect to the State on the 1st day of any fiscal quarter that begins before the date described in paragraph (1) and apply to amounts payable to the State for expenditures for medical assistance, child health assistance, or pregnancy-related assistance to pregnant or postpartum individuals furnished on or after such day.