Reinstatement of enrollment for Medicaid and SCHIP benefits for certain youth upon release from public institutions

(a)

Application to Medicaid

Section 1902(a) of the Social Security Act (42 U.S.C. 1396b) is amended— (1)by striking and at the end of paragraph (69); (2)by striking the period at the end of paragraph (70) and inserting ; and; and (3)by inserting after paragraph (70) the following new paragraph:

(71)provide that in the case of any individual who is a youth, as determined under the State plan for purposes of eligibility for medical assistance under such plan, as of the date of becoming an inmate of a public institution and who is a youth (as so determined) at the time of release from such institution, if the individual was enrolled for medical assistance under the State plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such individual during the period in which such individual is such an inmate in a manner such that— (A)the enrollment of such individual shall be reinstated upon release from such institution unless and until there is a determination that the individual is no longer eligible to be so enrolled; and (B)any period of continuous eligibility in effect on the date the individual became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the individual was such an inmate.

(b)

Application to SCHIP

Section 2102(b)(1) of the Social Security Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end the following new subparagraph:

(C)

Reinstatement of enrollment for certain youth upon release from public institutions

A State child health plan shall provide that in the case of any child who becomes an inmate of a public institution and who is still a child at the time of release from such institution, if the child was enrolled for child health assistance under the State child health plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such child during the period in which such child is such an inmate in a manner such that— (i)the enrollment of such child shall be reinstated upon release from such institution unless and until there is a determination that the child is no longer eligible to be so enrolled; and (ii)any period of continuous eligibility in effect on the date the child became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the child was such an inmate.

(c)

Effective date

(1)

In general

Subject to paragraph (2), the amendments made by this section shall apply to individuals who become inmates of a public institution on or after January 1, 2009. (2)

Exception if state legislation required

In the case of a State plan for medical assistance under title XIX of the Social Security Act, or a State child health plan for child health assistance under title XXI of such 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 requirement imposed by the amendment made by subsection (a)(3) or (b), respectively, the State plan or State child health plan, respectively, shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such respective additional requirement 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.