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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8108 Engrossed in House (EH)]

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118th CONGRESS
  2d Session
                                H. R. 8108

_______________________________________________________________________

                                 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.

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

SECTION 1. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING RESIDENCY 
              AND COVERAGE FOR MILITARY FAMILIES.

    Section 1902 of the Social Security Act (42 U.S.C. 1396a) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (86), by striking ``and'' at the 
                end;
                    (B) in paragraph (87), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (87) the following 
                new paragraph:
            ``(88) beginning January 1, 2028, provide, with respect to 
        an active duty relocated individual (as defined in subsection 
        (uu)(1))--
                    ``(A) that, in determining eligibility for medical 
                assistance under the State plan (or waiver of such 
                plan), the relocation described in such subsection is 
                deemed to be a temporary absence for purposes of 
                section 435.403(j)(3) of title 42, Code of Federal 
                Regulations (or any successor regulation);
                    ``(B) that if, at the time of such relocation, such 
                active duty relocated individual is on a home and 
                community-based services waiting list (as defined in 
                subsection (uu)(2)), such individual remains on such 
                list until--
                            ``(i) 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 and, in the case such decision is a 
                        denial of such eligibility, such individual has 
                        exhausted the individual's opportunity for a 
                        fair hearing in accordance with paragraph (3); 
                        or
                            ``(ii) such individual elects to be removed 
                        from such list; and
                    ``(C) payment for medical assistance furnished 
                under the State plan (or a waiver of the plan) to such 
                active duty relocated individual in the temporary 
                relocation State (as referred to in subsection (uu)(1)) 
                in accordance with such guidance as the Secretary may 
                issue to ensure access to such assistance.''; and
            (2) by adding at the end the following new subsection:
    ``(uu) Active Duty Relocated Individual; Home and Community-based 
Services Waiting List.--For purposes of subsection (a)(88) and this 
subsection:
            ``(1) Active duty relocated individual.--The term `active 
        duty relocated individual' means an individual enrolled under 
        the State plan (or waiver of such plan)--
                    ``(A) who--
                            ``(i) is a member of the Armed Forces 
                        engaged in active duty service and is 
                        temporarily relocated (as specified by the 
                        Secretary) to another State (in this subsection 
                        referred to as the `temporary relocation 
                        State') by reason of such service;
                            ``(ii) at any point during the preceding 1-
                        year period, was such a member so engaged in 
                        such service and was temporarily relocated to 
                        the temporary relocation State by reason of 
                        such service, but is no longer so engaged in 
                        such service (including by reason of retirement 
                        from such service); or
                            ``(iii) is a dependent (as defined by the 
                        Secretary) of a member described in clause (i) 
                        or (ii) who temporarily relocates to the 
                        temporary relocation State with such member; 
                        and
                    ``(B) who--
                            ``(i) was receiving home and community-
                        based services (as defined in section 
                        9817(a)(2)(B) of the American Rescue Plan Act 
                        of 2021) at the time of such relocation; or
                            ``(ii) if the State maintains a home and 
                        community-based services waiting list, was on 
                        such home and community-based services waiting 
                        list at the time of such relocation.
            ``(2) Home and community-based services waiting list.--The 
        term `home and community-based services waiting list' means, 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 1115(a) or section 1915(c), a list maintained by 
        such State of individuals who have applied to receive such 
        services under either such section 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 limit.''.

            Passed the House of Representatives September 23, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 8108

_______________________________________________________________________

                                 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.
```