II 

115TH CONGRESS 

1ST SESSION S. 874 

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 6 (legislative day, APRIL 4), 2017 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘At-Risk Youth Med5 icaid Protection Act of 2017’’. 

6 SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. 

7 (a) IN GENERAL.—Section 1902 of the Social Secu8 rity Act (42 U.S.C. 1396a) is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘and’’ at the end of para3 graph (82); 

4 (B) by striking the period at the end of 

5 paragraph (83) and inserting ‘‘; and’’; and 

6 (C) by inserting after paragraph (83) the 

7 following new paragraph: 

8 ‘‘(84) provide that— 

9 ‘‘(A) the State shall not terminate enroll10 ment under a State plan for medical assistance 

11 for an individual who is an eligible juvenile (as 

12 defined in subsection (ll)(2)) because the juve13 nile is an inmate of a public institution (as de14 fined in subsection (ll)(3)), but may suspend 

15 such enrollment during the period that the juve16 nile is such an inmate; 

17 ‘‘(B) the State shall restore enrollment for 

18 such medical assistance to such an individual 

19 upon the individual’s release from any such 

20 public institution without requiring the indi21 vidual to make a new application for medical 

22 assistance or take any other action, and shall 

23 take all necessary steps to ensure the enroll24 ment is effective immediately upon release from 

25 such institution, unless (and until such date as) 


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1 there is a determination that the individual no 

2 longer meets the eligibility requirements for 

3 such medical assistance; and 

4 ‘‘(C) the State shall process any applica5 tion for medical assistance submitted by, or on 

6 behalf of, a juvenile who is an inmate of a pub7 lic institution notwithstanding that the juvenile 

8 is such an inmate.’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(ll) JUVENILE; ELIGIBLE JUVENILE; PUBLIC INSTI12 TUTION.—For purposes of subsection (a)(84) and this 

13 subsection: 

14 ‘‘(1) JUVENILE.—The term ‘juvenile’ means an 

15 individual who is— 

16 ‘‘(A) under 21 years of age; or 

17 ‘‘(B) is described in subsection 

18 (a)(10)(A)(i)(IX). 

19 ‘‘(2) ELIGIBLE JUVENILE.—The term ‘eligible 

20 juvenile’ means a juvenile who is an inmate of a 

21 public institution and was enrolled for medical as22 sistance under the State plan immediately before be23 coming an inmate of such a public institution or who 

24 becomes eligible to enroll for such medical assistance 

25 while an inmate of a public institution. 


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1 ‘‘(3) INMATE OF A PUBLIC INSTITUTION.—The 

2 term ‘inmate of a public institution’ has the meaning 

3 given such term for purposes of applying the sub4 division (A) following paragraph (29) of section 

5 1905(a), taking into account the exception in such 

6 subdivision for a patient of a medical institution.’’. 

7 (b) NO CHANGE IN EXCLUSION FROM MEDICAL AS8 SISTANCE FOR INMATES OF PUBLIC INSTITUTIONS.— 

9 Nothing in this section shall be construed as changing the 

10 exclusion from medical assistance under the subdivision 

11 (A) following paragraph (29) of section 1905(a) of the So12 cial Security Act (42 U.S.C. 1396d(a)), including any ap13 plicable restrictions on a State submitting claims for Fed14 eral financial participation under title XIX of such Act 

15 for such assistance. 

16 (c) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by subsection (a) 

19 shall apply to eligibility and enrollment of juveniles 

20 who become inmates of public institutions on or 

21 after the date that is 1 year after the date of the 

22 enactment of this Act. 

23 (2) RULE FOR CHANGES REQUIRING STATE

24 LEGISLATION.—In the case of a State plan for med25 ical assistance under title XIX of the Social Security 


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1 Act which the Secretary of Health and Human Serv2 ices determines requires State legislation (other than 

3 legislation appropriating funds) in order for the plan 

4 to meet the additional requirements imposed by the 

5 amendments made by subsection (a), the State plan 

6 shall not be regarded as failing to comply with the 

7 requirements of such title solely on the basis of its 

8 failure to meet these additional requirements before 

9 the first day of the first calendar quarter beginning 

10 after the close of the first regular session of the 

11 State legislature that begins after the date of the en12 actment of this Act. For purposes of the previous 

13 sentence, in the case of a State that has a 2-year 

14 legislative session, each year of such session shall be 

15 deemed to be a separate regular session of the State 

16 legislature. 

Æ 


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