,,ii #aaith ,,congress #ast ,session ,s4 #ahee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjbe ,mr4 ,blumenthal 7for himself and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,xix of the ,social ,security ,act to establish ,state plan requirements for determining residency and coverage for military families1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,care for ,military ,kids ,act4 #b4 ,medicaid ,state plan requirement for determining residency and coverage for military families 7a7 ,in general ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#hf71 by striking and at the end2 7,b7 in paragraph 7#hg77;,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#hg77;,d71 the following new paragraph3 7#hh7 beginning ,january #a1 #bjbh1 provide1 with respect to an active duty relocated individual 7as defined in subsection 7uu77#a77-- 7,a7 that1 for purposes of determining eligibility for medical assistance under the ,state plan 7or waiver of such plan71 such active duty relocated individual is treated as a resident of the ,state unless such individual voluntarily elects not to be so treated for such purposes2 7,b7 that if1 at the time of relocation 7as described in subsection 7uu77#a771 such active duty relocated individual is on a home and community-based services waiting list 7as defined in subsection 7uu77#b771 such individual remains on such list until-- 7i7 the ,state completes an assessment and renders a decision with respect to the eligibility of such individual to receive the relevant home and community-based services at the time a slot for such services becomes available and1 in the case such decision is a denial of such eligibility1 such individual has exhausted the individual's opportunity for a fair hearing2 or 7ii7 such individual elects to be removed from such list2 and 7,c7 payment for medical assistance furnished under the ,state plan 7or a waiver of the plan7 on behalf of such active duty relocated individual in the military service relocation ,state 7as referred to in subsection 7uu77#a77;,b77i771 to the extent that such assistance is available in such military service relocation ,state in accordance with such guidance as the ,secretary may issue to ensure access to such assistance4 2 and 7#b7 by adding at the end the following new subsection3 7uu7 ,active duty relocated individual2 ,home and community-,based services waiting list ,for purposes of subsection 7a77#hh7 and this subsection3 7#a7 ,active duty relocated individual ,the term active duty relocated individual means an individual-- 7,a7 who-- 7i7 is enrolled under the ,state plan 7or waiver of such plan72 or 7ii7 with respect to an individual described in subparagraph 7,c77ii71 would be so enrolled pursuant to subsection 7a77#aj77;,a77ii77,,vi7 if such individual began receiving home and community-based services2 7,b7 who-- 7i7 is a member of the ,armed ,forces engaged in active duty service and is relocated to another ,state 7in this subsection referred to as the military service relocation ,state7 by reason of such service2 7ii7 would be described in clause 7i7 except that the individual stopped being engaged in active duty service 7including by reason of retirement from such service7 and the last day on which the individual was engaged in active duty service occurred not more than #ab months ago2 or 7iii7 is a dependent 7as defined by the ,secretary7 of a member described in clause 7i7 or 7ii7 who relocates to the military service relocation ,state with such member2 and 7,c7 who-- 7i7 was receiving home and community-based services 7as defined in section #ihag7;a77#b77;,b7 of the ,american ,rescue ,plan ,act of #bjba7 at the time of such relocation2 or 7ii7 if the ,state maintains a home and community-based services waiting list1 was on such home and community-based services waiting list at the time of such relocation4 7#b7 ,home and community-based services waiting list ,the term home and community-based services waiting list means1 in the case of a ,state that has a limit on the number of individuals who may receive home and community-based services under section #aaae7;a71 section #aiae7;c71 or section #aiae7;j71 a list maintained by such ,state of individuals who are requesting to receive such services under #a or more such sections but for whom the ,state has not yet completed an assessment and rendered a decision with respect to the eligibility of such individuals to receive the relevant home and community-based services at the time a slot for such services becomes available due to such limit4 4 7b7 ,implementation funding ,there are appropriated1 out of any funds in the ,treasury not otherwise obligated1 #a1jjj1jjj for each of fiscal years #bjbf through #bjcj1 to remain available until expended1 to the ,secretary of ,health and ,human ,services for purposes of implementing the amendments made by subsection 7a74 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsection 7a7 shall take effect on the date of enactment of this ,act4 7#b7 ,delay permitted if state legislation required ,in the case of a ,state plan approved under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 which the ,secretary of ,health and ,human ,services determines requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirements imposed by the amendments made by this section1 the ,state plan shall not be regarded as failing to comply with the requirements of such title ,,xix solely on the basis of the failure of the plan to meet such 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 ends after the #a-year period beginning with the date of the enactment of this section4 ,for purposes of the preceding sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session is deemed to be a separate regular session of the ,state legislature4