I 112th CONGRESS 1st Session H. R. 3172 IN THE HOUSE OF REPRESENTATIVES October 12, 2011 Mr. Murphy of Connecticut 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 eligibility of incarcerated youth for medical assistance.

1.

Short title

This Act may be cited as the At-Risk Youth Medicaid Protection Act.

2.

At-Risk Youth Medicaid Protection

(a)

In general

Section 1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended— (1)by striking and at the end of paragraph (82)(C); (2)by striking the period at the end of paragraph (83) and inserting ; and; and (3)by inserting after paragraph (83) the following new paragraph: (84)(A)provide that in the case of an eligible juvenile— (i)the State shall not terminate (but shall suspend) eligibility for medical assistance for such juvenile during the period that such individual is an inmate of a public institution, but shall establish a process to ensure that— (I)the State does not claim Federal financial participation for items and services that are excluded from the definition of medical assistance under subdivision (A) (following paragraph (29)) in section 1905(a); and (II)ensures that the eligible juvenile receives (other than under this title) items and services which are included in the definition of medical assistance and for which Federal financial participation would have otherwise been permitted but for the status of the juvenile as such an inmate; and (ii)the State shall automatically restore full eligibility for such medical assistance to such eligible juvenile upon release from such institution and shall take all necessary steps to ensure that such juvenile can begin receiving medical assistance under this title immediately upon release from such institution, unless (and until such date) there is a determination that the juvenile no longer meets the State or Federal eligibility requirements for such medical assistance. (B)For purposes of this paragraph, the term eligible juvenile means an individual who— (i)is 21 years of age or younger; (ii)was enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution; (iii)on the expected date of release of such individual from such institution— (I)will be 21 years of age or younger; and (II)notwithstanding subdivision (A) (following paragraph (29)), in section 1905(a), will be eligible for medical assistance under the State plan. . (b)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act and shall apply to eligibility and enrollment on or after such date. (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 requirement imposed by the amendments made by this subsection, 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 this 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.