[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3445 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3445

  To amend title XIX of the Social Security Act to require States to 
suspend, rather than terminate, an individual's eligibility for medical 
 assistance under the State Medicaid plan while such individual is an 
                    inmate of a public institution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2018

  Mr. Markey 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 require States to 
suspend, rather than terminate, an individual's eligibility for medical 
 assistance under the State Medicaid plan while such individual is an 
                    inmate of a public institution.

    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 ``Supporting Positive Outcomes After 
Release Act''.

SEC. 2. SUSPENSION OF MEDICAID BENEFITS FOR INMATES OF PUBLIC 
              INSTITUTIONS.

    (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 
                (82);
                    (B) by striking the period at the end of paragraph 
                (83) and inserting ``; and''; and
                    (C) by inserting after paragraph (83) the following 
                new paragraph:
            ``(84) provide that the State shall not terminate (but may 
        suspend) enrollment under a State plan for medical assistance 
        for an individual who is an eligible individual (as defined in 
        subsection (nn)(1)) because the individual is an inmate of a 
        public institution (as defined in subsection (nn)(2)).''; and
            (2) by adding at the end the following new subsection:
    ``(nn) Eligible Individual; Public Institution.--For purposes of 
subsection (a)(84) and this subsection:
            ``(1) Eligible individual.--The term `eligible individual' 
        means an individual 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.
            ``(2) 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 individuals 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.
                                 <all>