II 

118TH CONGRESS 

2D SESSION S. 5417 

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 SENATE OF THE UNITED STATES 

DECEMBER 3, 2024 

Mr. BLUMENTHAL (for himself and Mr. TILLIS) 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Care for Military Kids 

5 Act’’. 


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1 SEC. 2. MEDICAID STATE PLAN REQUIREMENT FOR DETER2 MINING 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 paragraph (3) of sec21 tion 435.403(j) of title 42, Code of Federal 

22 Regulations (or any 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) of section 

13 435.403(j) of title 42, Code of Federal 

14 Regulations (or any successor regulation); 

15 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 

22 in 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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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 pre18 ceding 1-year period, was such a member 

19 so engaged in such service and was tempo20 rarily relocated to the temporary relocation 

21 State by reason of such service, but is no 

22 longer so engaged in such service (includ23 ing by reason of retirement from such 

24 service); or 


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

2 the Secretary) of a member described in 

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

4 to the temporary relocation State with 

5 such member; and 

6 ‘‘(B) who— 

7 ‘‘(i) was receiving home and commu8 nity-based services (as defined in section 

9 9817(a)(2)(B) of the American Rescue 

10 Plan Act of 2021) at the time of such relo11 cation; or 

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

13 and community-based services waiting list, 

14 was on such home and community-based 

15 services waiting list at the time of such re16 location. 

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

18 WAITING LIST.—The term ‘home and community19 based services waiting list’ means, in the case of a 

20 State that has a limit on the number of individuals 

21 who may receive home and community-based services 

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

23 maintained by such State of individuals who have 

24 applied to receive such services under either such 

25 section but for whom the State has not yet comVerDate Sep 11 2014 15:51 Dec 28, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5417.IS S5417

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1 pleted an assessment and rendered a decision with 

2 respect to the eligibility of such individuals to receive 

3 the relevant home and community-based services at 

4 the time a slot for such services becomes available 

5 due to such limit.’’. 

Æ 


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