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Union Calendar No. 591 

118TH CONGRESS 

2D SESSION H. R. 8108 

[Report No. 118–697] 

To amend title XIX of the Social Security Act to add a Medicaid State 

plan requirement with respect to the determination of residency of certain 

individuals serving in the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2024 

Mrs. KIGGANS of Virginia (for herself and Ms. KAPTUR) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

SEPTEMBER 20, 2024 

Additional sponsors: Mr. WILLIAMS of New York and Mr. MOYLAN

SEPTEMBER 20, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 23, 2024] 


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•HR 8108 RH

A BILL 

To amend title XIX of the Social Security Act to add a 

Medicaid State plan requirement with respect to the determination of residency of certain individuals serving 

in the Armed Forces. 


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•HR 8108 RH

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

3 SECTION 1. MEDICAID STATE PLAN REQUIREMENT FOR DE4 TERMINING RESIDENCY AND COVERAGE FOR 

5 MILITARY FAMILIES. 

6 Section 1902 of the Social Security Act (42 U.S.C. 

7 1396a) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (86), by striking ‘‘and’’ 

10 at the end; 

11 (B) in paragraph (87), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (C) by inserting after paragraph (87) the 

14 following new paragraph: 

15 ‘‘(88) beginning January 1, 2028, provide, with 

16 respect to an active duty relocated individual (as de17 fined in subsection (uu)(1))— 

18 ‘‘(A) that, in determining eligibility for 

19 medical assistance under the State plan (or 

20 waiver of such plan), the relocation described in 

21 such subsection is deemed to be a temporary ab22 sence for purposes of section 435.403(j)(3) of title 

23 42, Code of Federal Regulations (or any suc24 cessor regulation); 


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•HR 8108 RH

1 ‘‘(B) that if, at the time of such relocation, 

2 such active duty relocated individual is on a 

3 home and community-based services waiting list 

4 (as defined in subsection (uu)(2)), such indi5 vidual remains on such list until— 

6 ‘‘(i) the State completes an assessment 

7 and renders a decision with respect to the 

8 eligibility of such individual to receive the 

9 relevant home and community-based serv10 ices at the time a slot for such services be11 comes available and, in the case such deci12 sion is a denial of such eligibility, such in13 dividual has exhausted the individual’s op14 portunity for a fair hearing in accordance 

15 with paragraph (3); or 

16 ‘‘(ii) such individual elects to be re17 moved from such list; and 

18 ‘‘(C) payment for medical assistance fur19 nished under the State plan (or a waiver of the 

20 plan) to such active duty relocated individual in 

21 the temporary relocation State (as referred to in 

22 subsection (uu)(1)) in accordance with such 

23 guidance as the Secretary may issue to ensure 

24 access to such assistance.’’; and 


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•HR 8108 RH

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(uu) ACTIVE DUTY RELOCATED INDIVIDUAL; HOME

4 AND COMMUNITY-BASED SERVICES WAITING LIST.—For 

5 purposes of subsection (a)(88) and this subsection: 

6 ‘‘(1) ACTIVE DUTY RELOCATED INDIVIDUAL.— 

7 The term ‘active duty relocated individual’ means an 

8 individual enrolled under the State plan (or waiver 

9 of such plan)— 

10 ‘‘(A) who— 

11 ‘‘(i) is a member of the Armed Forces 

12 engaged in active duty service and is tem13 porarily relocated (as specified by the Sec14 retary) to another State (in this subsection 

15 referred to as the ‘temporary relocation 

16 State’) by reason of such service; 

17 ‘‘(ii) at any point during the preceding 

18 1-year period, was such a member so en19 gaged in such service and was temporarily 

20 relocated to the temporary relocation State 

21 by reason of such service, but is no longer 

22 so engaged in such service (including by 

23 reason of retirement from such service); or 

24 ‘‘(iii) is a dependent (as defined by the 

25 Secretary) of a member described in clause 


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•HR 8108 RH

1 (i) or (ii) who temporarily relocates to the 

2 temporary relocation State with such mem3 ber; and 

4 ‘‘(B) who— 

5 ‘‘(i) was receiving home and commu6 nity-based services (as defined in section 

7 9817(a)(2)(B) of the American Rescue Plan 

8 Act of 2021) at the time of such relocation; 

9 or 

10 ‘‘(ii) if the State maintains a home 

11 and community-based services waiting list, 

12 was on such home and community-based 

13 services waiting list at the time of such relo14 cation. 

15 ‘‘(2) HOME AND COMMUNITY-BASED SERVICES

16 WAITING LIST.—The term ‘home and community17 based services waiting list’ means, in the case of a 

18 State that has a limit on the number of individuals 

19 who may receive home and community-based services 

20 under section 1115(a) or section 1915(c), a list main21 tained by such State of individuals who have applied 

22 to receive such services under either such section but 

23 for whom the State has not yet completed an assess24 ment and rendered a decision with respect to the eli25 gibility of such individuals to receive the relevant 


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•HR 8108 RH

1 home and community-based services at the time a slot 

2 for such services becomes available due to such limit.’’. 


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Union Calendar No. 591 

118TH CONGRESS 

2D SESSION H. R. 8108 

[Report No. 118–697] 

A BILL 

To amend title XIX of the Social Security Act to 

individuals serving in the Armed Forces. spect to the determination of residency of certain add a Medicaid State plan requirement with reSEPTEMBER 20, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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