[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2874 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2874

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 SENATE OF THE UNITED STATES

                             April 28, 2016

Mr. Murphy (for himself and Mr. Booker) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 2016''.

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 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)), but may suspend such enrollment during the 
                period that the juvenile is such an inmate;
                    ``(B) the State shall restore enrollment for such 
                medical assistance to such an individual upon the 
                individual's release from any such public institution 
                without requiring the individual to make a new 
                application for medical assistance or take any other 
                action, 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 21 years of age; 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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