IIB 

118TH CONGRESS 

2D SESSION H. R. 8108 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2024 

Received; read twice and referred to the Committee on Finance 

AN ACT 

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. 

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


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1 SECTION 1. MEDICAID STATE PLAN REQUIREMENT FOR DE2 TERMINING RESIDENCY AND COVERAGE FOR 

3 MILITARY FAMILIES. 

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

5 1396a) is amended— 

6 (1) in subsection (a)— 

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

8 at the end; 

9 (B) in paragraph (87), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

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

12 following new paragraph: 

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

14 respect to an active duty relocated individual (as de15 fined in subsection (uu)(1))— 

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

17 medical assistance under the State plan (or 

18 waiver of such plan), the relocation described in 

19 such subsection is deemed to be a temporary 

20 absence for purposes of section 435.403(j)(3) of 

21 title 42, Code of Federal Regulations (or any 

22 successor regulation); 

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

24 such active duty relocated individual is on a 

25 home and community-based services waiting list 


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1 (as defined in subsection (uu)(2)), such indi2 vidual remains on such list until— 

3 ‘‘(i) the State completes an assess4 ment and renders a decision with respect 

5 to the eligibility of such individual to re6 ceive the relevant home and community7 based services at the time a slot for such 

8 services becomes available and, in the case 

9 such decision is a denial of such eligibility, 

10 such individual has exhausted the individ11 ual’s opportunity for a fair hearing in ac12 cordance with paragraph (3); or 

13 ‘‘(ii) such individual elects to be re14 moved from such list; and 

15 ‘‘(C) payment for medical assistance fur16 nished under the State plan (or a waiver of the 

17 plan) to such active duty relocated individual in 

18 the temporary relocation State (as referred to 

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

20 guidance as the Secretary may issue to ensure 

21 access to such assistance.’’; and 

22 (2) by adding at the end the following new sub23 section: 


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

2 AND COMMUNITY-BASED SERVICES WAITING LIST.—For 

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

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

5 The term ‘active duty relocated individual’ means an 

6 individual enrolled under the State plan (or waiver 

7 of such plan)— 

8 ‘‘(A) who— 

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

10 engaged in active duty service and is tem11 porarily relocated (as specified by the Sec12 retary) to another State (in this subsection 

13 referred to as the ‘temporary relocation 

14 State’) by reason of such service; 

15 ‘‘(ii) at any point during the pre16 ceding 1-year period, was such a member 

17 so engaged in such service and was tempo18 rarily relocated to the temporary relocation 

19 State by reason of such service, but is no 

20 longer so engaged in such service (includ21 ing by reason of retirement from such 

22 service); or 

23 ‘‘(iii) is a dependent (as defined by 

24 the Secretary) of a member described in 

25 clause (i) or (ii) who temporarily relocates 


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1 to the temporary relocation State with 

2 such member; and 

3 ‘‘(B) who— 

4 ‘‘(i) was receiving home and commu5 nity-based services (as defined in section 

6 9817(a)(2)(B) of the American Rescue 

7 Plan Act of 2021) at the time of such relo8 cation; or 

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

10 and community-based services waiting list, 

11 was on such home and community-based 

12 services waiting list at the time of such re13 location. 

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

15 WAITING LIST.—The term ‘home and community16 based services waiting list’ means, in the case of a 

17 State that has a limit on the number of individuals 

18 who may receive home and community-based services 

19 under section 1115(a) or section 1915(c), a list 

20 maintained by such State of individuals who have 

21 applied to receive such services under either such 

22 section but for whom the State has not yet com23 pleted an assessment and rendered a decision with 

24 respect to the eligibility of such individuals to receive 

25 the relevant home and community-based services at 


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1 the time a slot for such services becomes available 

2 due to such limit.’’. 

Passed the House of Representatives September 23, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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