```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2816 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2816

  To amend title XIX of the Social Security Act to make all children 
  eligible for Medicaid from birth until age 19, to require States to 
   automatically enroll children under age 19 in the State Medicaid 
                    program, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2023

   Mr. Casey 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 make all children 
  eligible for Medicaid from birth until age 19, to require States to 
   automatically enroll children under age 19 in the State Medicaid 
                    program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid for Every Child Act''.

SEC. 2. MEDICAID FOR EVERY CHILD FROM BIRTH TO AGE 19.

    (a) In General.--Section 1902(a)(10)(A)(i) of the Social Security 
Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
            (1) by striking ``or'' at the end of subclause (VIII);
            (2) in subclause (IX)(dd), by inserting ``or'' at the end; 
        and
            (3) by adding at the end the following new subclause:
                                    ``(X) beginning on the date that is 
                                2 years after the date of enactment of 
                                this subclause, who are individuals who 
                                have not attained 19 years of age;''.
    (b) Automatic Enrollment.--
            (1) In general.--Section 1902(e) of the Social Security Act 
        is amended by striking paragraph (4) and inserting the 
        following:
            ``(4) Automatic enrollment of children.--
                    ``(A) In general.--Any child born in a State on or 
                after the date that is 2 years after the date of 
                enactment of the Medicaid for Every Child Act shall be 
                considered to have applied for medical assistance under 
                the State plan and shall be automatically enrolled for 
                such assistance on the date of their birth.
                    ``(B) Notification requirement.--The State shall 
                inform the parent, guardian, or custodial relative of a 
                child who is automatically enrolled in the State plan 
                under subparagraph (A) of the services that will be 
                covered, appropriate methods for using such services, 
                medical support obligations (under section 1912(a)) 
                created by enrollment (if applicable), the actions the 
                parent, guardian, or relative must take (if any) to 
                maintain enrollment, and the actions the parent, 
                guardian or relative may take to disenroll the child.
                    ``(C) Opt-out if other coverage is available.--The 
                State shall establish a process to allow the parent, 
                guardian, or custodial relative of a child who is 
                automatically enrolled in the State plan under 
                subparagraph (A) to disenroll the child from the State 
                plan through affirmation in writing if the child is 
                enrolled in other health benefits coverage that--
                            ``(i) at a minimum, provides the essential 
                        health benefits defined by the Secretary under 
                        section 1302(b) of the Patient Protection and 
                        Affordable Care Act; and
                            ``(ii) meets such other requirements as the 
                        Secretary determines appropriate.''.
            (2) Effective date.--The amendment made by this section 
        shall take effect on the date that is 2 years after the date of 
        enactment of this Act.
    (c) Continuous Eligibility.--
            (1) In general.--Section 1902(e)(12) of the Social Security 
        Act (42 U.S.C. 1396a(e)(12)), as amended by section 5112(a) of 
        division FF of Public Law 117-328, is amended--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (A) and (B).
            (2) Effective date.--The amendments made by this section 
        shall take effect on the date that is 2 years after the date of 
        enactment of this Act.
    (d) Exclusion From Definition of Minimum Essential Coverage.--
Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new subparagraph:
                    ``(D) Treatment of certain coverage under the 
                medicaid program.--For purposes of subparagraph (B), an 
                individual shall not be treated as eligible for minimum 
                essential coverage if--
                            ``(i) such coverage consists of eligibility 
                        for medical assistance under a State Medicaid 
                        program under section 1902(a)(10)(A)(i)(X) of 
                        the Social Security Act; and
                            ``(ii) the individual is not enrolled in 
                        such a program for such medical assistance.''.
    (e) Coverage of Children Without Regard to Immigration Status.--
            (1) In general.--Section 1903(v) of the Social Security Act 
        (42 U.S.C. 1396b(v)) is amended--
                    (A) in paragraph (1), by striking ``and (4)'' and 
                inserting ``, (4), and (5)'';
                    (B) in paragraph (4)(A)(ii)--
                            (i) in the clause header, by inserting 
                        ``aged 19 to 20'' after ``Children''; and
                            (ii) by inserting ``who have attained 19 
                        years of age but are'' before ``under 21 years 
                        of age''; and
                    (C) by adding at the end the following paragraph:
    ``(5)(A) Notwithstanding any other provision of law, on and after 
the date that is 2 years after the date of enactment of this paragraph, 
a State shall provide medical assistance under this title to any 
individual residing or present in the United States who is eligible for 
medical assistance under section 1902(a)(10)(A)(i)(X), without regard 
to whether the individual is lawfully residing or lawfully present in 
the United States.
    ``(B) No debt shall accrue under an affidavit of support against 
any sponsor of an individual provided medical assistance in accordance 
with subparagraph (A) and the cost of such assistance shall not be 
considered as an unreimbursed cost.''.
            (2) Conforming amendments.--
                    (A) Section 1137(f) of the Social Security Act (42 
                U.S.C. 1320b-7(f)) is amended by inserting ``or to 
                individuals who are eligible for medical assistance 
                under section 1902(a)(10)(A)(i)(X) and are provided 
                such assistance in accordance with section 1903(v)(5)'' 
                before the period.
                    (B) Section 2107(e)(1)(O) of the Social Security 
                Act (42 U.S.C. 1397gg(e)(1)(O)) is amended by inserting 
                ``who have attained age 19 or 20'' after ``immigrant 
                children''.
                    (C) Section 402(b)(2) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at 
                the end the following:
                    ``(H) Medicaid exception for children.--With 
                respect to eligibility for benefits for the program 
                defined in paragraph (3)(C) (relating to the Medicaid 
                program), section 401(a) and paragraph (1) shall not 
                apply to any individual who has not attained 19 years 
                of age.''.
                    (D) Section 403(d) of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1613(d)) is amended--
                            (i) by striking ``or'' at the end of 
                        paragraph (1);
                            (ii) by striking the period at the end of 
                        paragraph (2) and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(3) an individual described in section 402(a)(2)(H), but 
        only with respect to the program specified in subsection 
        (b)(3)(C) of section 402.''.
                    (E) Section 431(b) of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1641(b)) is amended--
                            (i) by striking ``or'' at the end of 
                        paragraph (7);
                            (ii) by striking the period at the end of 
                        paragraph (8) and inserting ``, or''; and
                            (iii) by adding at the end the following:
            ``(9) an individual who has not attained 19 years of age, 
        but only with respect to the designated Federal program defined 
        in section 402(b)(3)(C) (relating to the Medicaid program).''.
    (f) 100 Percent Federal Matching Payments for Medical Assistance 
for Children.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (b), by striking ``and (ii)'' and 
                inserting ``(ii), and (jj)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(jj) Enhanced FMAP for Certain Children.--Notwithstanding 
subsection (b), beginning on the date that is 2 years after the date of 
enactment of this subsection, the Federal medical assistance percentage 
shall be 100 percent with respect to amounts expended by a State for 
medical assistance for individuals--
            ``(1) who are eligible for medical assistance under section 
        1902(a)(10)(A)(i)(X); and
            ``(2) who would not have been eligible for medical 
        assistance for full benefits (as defined in subsection 
        (y)(2)(B)) under the State plan under this title or a waiver of 
        such plan as such plan or waiver was in effect on January 1, 
        2023.''.
            (2) Conforming amendment.--Section 9817(a)(1) of the 
        American Rescue Plan Act of 2021 (Public Law 117-2) is amended 
        by striking ``or (ii) of section 1905'' and inserting ``(ii), 
        or (jj) of section 1905''.
    (g) Effective Date.--Except as otherwise provided, the amendments 
made by this section shall take effect on the date of enactment of this 
Act.
                                 <all>
```