Library / Laws / 118th / hr / H.R. 1316 / Introduced in House
I
118th CONGRESS
1st Session
H. R. 1316
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023Mr. Neguse introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend titles XIX and XXI of the Social Security Act to allow States to provide for extended periods of continuous coverage under the Medicaid and CHIP programs for children, to provide a period of continuous eligibility under the Medicaid program for certain adults, and for other purposes.
1.
Short title
This Act may be cited as the Save Children’s Coverage Act.
2.
Optional extension of continuous eligibility for children under Medicaid and CHIP
(a)
Under the Medicaid Program
Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following new paragraph:
(17)
Optional extension of continuous eligibility for children
(A)
Children under age 6
At the option of the State, the State plan (or waiver of such State plan) may provide that an individual who is under the age of 6 and who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title may remain eligible for such benefits until the earlier of—
(i) the time that such individual attains the age of 6; or
(ii) the date that such individual ceases to be a resident of such State.
(B)
Children age 6 through 18
At the option of the State, the State plan (or waiver of such State plan) may provide that an individual who is over the age of 5 and under the age of 19, and who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title, may remain eligible for such benefits until the earlier of—
(i) the end of the 24-month period beginning on the date of such determination;
(ii) the time that such individual attains the age of 19; or
(iii) the date that such individual ceases to be a resident of such State.
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(b)
Under the Children’s Health Insurance Program
Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended—
(1) by redesignating subparagraphs (L) through (U) as subparagraphs (M) through (V), respectively; and
(2) by inserting after subparagraph (K) the following new subparagraph:
(L) Section 1902(e)(17) (relating to the State option to extend continuous eligibility for children under the age of 19).
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(c)
Effective date
The amendments made by this section shall take effect on the first day following the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
3.
Option to provide continuous eligibility for certain individuals under Medicaid
(a)
In general
Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as amended by section 2, is further amended by adding at the end the following new paragraph:
(18)
Option for continuous eligibility for certain individuals
(A)
In general
At the option of the State, the State plan (or waiver of such State plan) may provide that an eligible individual (as defined in subparagraph (B)) who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title, may remain eligible for such benefits until the earlier of—
(i) the end of the 12-month period beginning on the date of such determination; or
(ii) the date that such individual ceases to be a resident of such State.
(B)
Eligible individual defined
For purposes of this paragraph, the term eligible individual means an individual over the age of 18—
(i) whose income does not exceed 28 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981);
(ii) who, in the 2 years prior to such individual’s application for medical assistance under a plan under this title, experienced homelessness (as defined in section 103 of the McKinney-Vento Homeless Assistance Act); or
(iii) who, in the 2 years prior to such individual’s application for medical assistance under a plan under this title, was incarcerated in a prison or psychiatric hospital.
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(b)
Effective date
The amendment made by this section shall take effect on the first day following the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
4.
Data verification requirement for new waivers
(a)
Program waivers
Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended—
(1) in subsection (b), by striking The Secretary and inserting Subject to subsection (m), the Secretary;
(2) in subsection (c)(1), by striking The Secretary may by waiver and inserting Subject to subsection (m), the Secretary may by waiver; and
(3) by adding at the end the following new subsection:
(m)
Data verification requirement for new waivers
In the case of a waiver granted under this section on or after the first day following the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act, as a condition of receiving such waiver, a State shall agree to conduct an annual review of the demographic information of individuals enrolled under a State plan under this title, including the names, dates of birth, and contact information for such individuals.
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(b)
Research and demonstration waivers
Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended—
(1) in subsection (a)(1), by inserting subject to subsection (g), before the Secretary; and
(2) by adding at the end the following new subsection:
(g) In the case of a waiver granted under this section on or after the first day following the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act, as a condition of receiving such waiver, a State shall agree to conduct an annual review of the demographic information of individuals enrolled under a State plan under this title, including the names, dates of birth, and contact information for such individuals.
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