Establishing a resources test for eligibility under the Medicaid program for the expansion population

(a)

In general

Section 1902(e)(14) of the Social Security Act (42 U.S.C. 1396a(e)(14)) is amended— (1)in subparagraph (C), by striking A State and inserting Subject to subparagraph (M), a State; and (2)by adding at the end the following new subparagraph:

(M)

Resources test for expansion individuals

(i)

In general

Notwithstanding any other provision of this title, a State shall provide, as a condition of eligibility for medical assistance for an applicable individual (as defined in clause (v)), that such individual satisfy a resources test established by the State that meets the requirements of clause (ii). (ii)

Resources test requirements

(I)

In general

For purposes of clause (i), subject to subclause (III), a resources test established by a State meets the requirements of this clause if— (aa)the test precludes eligibility for medical assistance for any applicable individual whose resources (as determined under section 1613 for purposes of the supplemental security income program) exceed the amount specified in subclause (II) (or, in the case such individual is married, double such amount); and (bb)the State provides for application of such test at such times as are specified in clause (iii). (II)

Amount specified

(aa)

In general

For purposes of subclause (I)(aa), the amount specified in this subclause is— (AA)for 2029, $10,000; (BB)for each subsequent year (other than an applicable year), the amount specified in this subclause for the previous year; and (CC)for an applicable year, the amount specified in this subclause for the previous year, increased by the percentage change in the Consumer Price Index for All Urban Consumers over the 4-year period ending on September 30 of such previous year. (bb)

Applicable year defined

For purposes of item (aa), the term applicable year means 2033 and every fourth year thereafter. (III)

State flexibility

A State may elect, in a form and manner specified by the Secretary— (aa)to apply, in lieu of the dollar amount described in subclause (I)(aa) applicable to an applicable individual for a year, such lower amount specified by the State; or (bb)to take into account resources specified by the State that would otherwise be excluded under section 1613 in determining the resources of an individual. (IV)

Process to exercise State flexibility

A State’s election under subclause (III) may not be denied by the Secretary and shall take effect at such time and for such period of time as the State specifies in such election. (iii)

Application of test

A State shall provide that a resources test described in clause (i) is applied— (I)in the case of an applicable individual who has filed an application for medical assistance under a State plan (or a waiver of such plan) under this title, at the time of the initial determination of such individual’s eligibility; and (II)in the case of an applicable individual enrolled and receiving medical assistance under a State plan (or under a waiver of such plan) under this title, at the time of each redetermination of eligibility for such individual. (iv)

Treatment with respect to certain FMAP increases

A State shall not be treated as not providing medical assistance to all individuals described in section 1902(a)(10)(A)(i)(VIII), or as not expending amounts for all such individuals under the State plan (or waiver of such plan), solely because such an individual is determined ineligible for medical assistance under the State plan (or waiver) on the basis of a failure to satisfy a resources test described in clause (i). (v)

Applicable individual defined

(I)

In general

For purposes of this subparagraph, subject to subclause (II), the term applicable individual has the meaning given such term in subsection (xx)(9)(A) and does not include any specified excluded individual. (II)

State option to expand definition of applicable individual

A State may, for purposes of this subparagraph, elect to include as applicable individuals any category of specified excluded individuals, or all such specified excluded individuals, as determined appropriate by the State. (III)

Specified excluded individual defined

For purposes of this clause, the term specified excluded individual has the meaning given such term in subsection (xx)(9)(A)(ii).

(b)

State plan requirement

Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (1)in paragraph (89), by striking and at the end; (2)in paragraph (90), by striking the period and inserting ; and; and (3)by inserting after paragraph (90) the following new paragraph:

(91)provide that the State meets the requirement described in subsection (e)(14)(M).

(c)

Effective date

The amendments made by this section shall apply beginning January 1, 2029.