[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4390 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4390

To amend title XIX of the Social Security Act to protect the enrollment 
    of incarcerated youth for medical assistance under the Medicaid 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2014

Mr. Cardenas (for himself, Ms. Bass, Mr. Grijalva, Ms. Norton, and Mr. 
   Rangel) 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 enrollment 
    of incarcerated youth for medical assistance under the Medicaid 
                    program, and for other purposes.

    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 2014''.

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 
                (80);
                    (B) by striking the period at the end of paragraph 
                (81) and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the following 
                new paragraph:
            ``(82) provide that--
                    ``(A) the State shall not terminate (but may 
                suspend) enrollment under a State plan for medical 
                assistance for an individual who is an eligible 
                juvenile (as defined in subsection (ll)(2)) because the 
                juvenile is an inmate of a public institution (as 
                defined in subsection (ll)(3));
                    ``(B) the State shall automatically restore 
                enrollment for such medical assistance to such an 
                individual upon the individual's release from any such 
                public institution and shall take all necessary steps 
                to ensure the enrollment is effective immediately upon 
                release from such institution, 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:
    ``(ll) Juvenile; Eligible Juvenile; Public Institution.--For 
purposes of subsection (a)(82) and this subsection:
            ``(1) Juvenile.--The term `juvenile' means an individual 
        who is--
                    ``(A) under 19 years of age (or such higher age as 
                the State has elected under section 475(8)(B)(iii)); 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 enrolled for medical assistance under the State plan 
        immediately before becoming an inmate of such a public 
        institution or who becomes eligible to enroll 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) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall apply to eligibility 
        and enrollment 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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