II 

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. 

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 ‘‘Medicaid for Every 

5 Child Act’’. 


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

2 19. 

3 (a) IN GENERAL.—Section 1902(a)(10)(A)(i) of the 

4 Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is 

5 amended— 

6 (1) by striking ‘‘or’’ at the end of subclause 

7 (VIII); 

8 (2) in subclause (IX)(dd), by inserting ‘‘or’’ at 

9 the end; and 

10 (3) by adding at the end the following new sub11 clause: 

12 ‘‘(X) beginning on the date that 

13 is 2 years after the date of enactment 

14 of this subclause, who are individuals 

15 who have not attained 19 years of 

16 age;’’. 

17 (b) AUTOMATIC ENROLLMENT.— 

18 (1) IN GENERAL.—Section 1902(e) of the So19 cial Security Act is amended by striking paragraph 

20 (4) and inserting the following: 

21 ‘‘(4) AUTOMATIC ENROLLMENT OF CHIL22 DREN.— 

23 ‘‘(A) IN GENERAL.—Any child born in a 

24 State on or after the date that is 2 years after 

25 the date of enactment of the Medicaid for 

26 Every Child Act shall be considered to have apVerDate Sep 11 2014 05:10 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2816.IS S2816

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1 plied for medical assistance under the State 

2 plan and shall be automatically enrolled for 

3 such assistance on the date of their birth. 

4 ‘‘(B) NOTIFICATION REQUIREMENT.—The 

5 State shall inform the parent, guardian, or cus6 todial relative of a child who is automatically 

7 enrolled in the State plan under subparagraph 

8 (A) of the services that will be covered, appro9 priate methods for using such services, medical 

10 support obligations (under section 1912(a)) cre11 ated by enrollment (if applicable), the actions 

12 the parent, guardian, or relative must take (if 

13 any) to maintain enrollment, and the actions 

14 the parent, guardian or relative may take to 

15 disenroll the child. 

16 ‘‘(C) OPT-OUT IF OTHER COVERAGE IS

17 AVAILABLE.—The State shall establish a proc18 ess to allow the parent, guardian, or custodial 

19 relative of a child who is automatically enrolled 

20 in the State plan under subparagraph (A) to 

21 disenroll the child from the State plan through 

22 affirmation in writing if the child is enrolled in 

23 other health benefits coverage that— 

24 ‘‘(i) at a minimum, provides the es25 sential health benefits defined by the SecVerDate Sep 11 2014 05:10 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2816.IS S2816

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1 retary under section 1302(b) of the Pa2 tient Protection and Affordable Care Act; 

3 and 

4 ‘‘(ii) meets such other requirements as 

5 the Secretary determines appropriate.’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by this section shall take effect on the date that is 

8 2 years after the date of enactment of this Act. 

9 (c) CONTINUOUS ELIGIBILITY.— 

10 (1) IN GENERAL.—Section 1902(e)(12) of the 

11 Social Security Act (42 U.S.C. 1396a(e)(12)), as 

12 amended by section 5112(a) of division FF of Public 

13 Law 117–328, is amended— 

14 (A) by striking subparagraph (A); and 

15 (B) by redesignating subparagraphs (B) 

16 and (C) as subparagraphs (A) and (B). 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by this section shall take effect on the date that is 

19 2 years after the date of enactment of this Act. 

20 (d) EXCLUSION FROM DEFINITION OF MINIMUM ES21 SENTIAL COVERAGE.—Section 36B(c)(2) of the Internal 

22 Revenue Code of 1986 is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(D) TREATMENT OF CERTAIN COVERAGE

25 UNDER THE MEDICAID PROGRAM.—For purVerDate Sep 11 2014 05:10 Sep 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2816.IS S2816

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1 poses of subparagraph (B), an individual shall 

2 not be treated as eligible for minimum essential 

3 coverage if— 

4 ‘‘(i) such coverage consists of eligi5 bility for medical assistance under a State 

6 Medicaid program under section 

7 1902(a)(10)(A)(i)(X) of the Social Secu8 rity Act; and 

9 ‘‘(ii) the individual is not enrolled in 

10 such a program for such medical assist11 ance.’’. 

12 (e) COVERAGE OF CHILDREN WITHOUT REGARD TO

13 IMMIGRATION STATUS.— 

14 (1) IN GENERAL.—Section 1903(v) of the So15 cial Security Act (42 U.S.C. 1396b(v)) is amend16 ed— 

17 (A) in paragraph (1), by striking ‘‘and 

18 (4)’’ and inserting ‘‘, (4), and (5)’’; 

19 (B) in paragraph (4)(A)(ii)— 

20 (i) in the clause header, by inserting 

21 ‘‘AGED 19 TO 20’’ after ‘‘CHILDREN’’; and 

22 (ii) by inserting ‘‘who have attained 

23 19 years of age but are’’ before ‘‘under 21 

24 years of age’’; and 


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1 (C) by adding at the end the following 

2 paragraph: 

3 ‘‘(5)(A) Notwithstanding any other provision of law, 

4 on and after the date that is 2 years after the date of 

5 enactment of this paragraph, a State shall provide medical 

6 assistance under this title to any individual residing or 

7 present in the United States who is eligible for medical 

8 assistance under section 1902(a)(10)(A)(i)(X), without re9 gard to whether the individual is lawfully residing or law10 fully present in the United States. 

11 ‘‘(B) No debt shall accrue under an affidavit of sup12 port against any sponsor of an individual provided medical 

13 assistance in accordance with subparagraph (A) and the 

14 cost of such assistance shall not be considered as an unre15 imbursed cost.’’. 

16 (2) CONFORMING AMENDMENTS.— 

17 (A) Section 1137(f) of the Social Security 

18 Act (42 U.S.C. 1320b–7(f)) is amended by in19 serting ‘‘or to individuals who are eligible for 

20 medical assistance under section 

21 1902(a)(10)(A)(i)(X) and are provided such as22 sistance in accordance with section 1903(v)(5)’’ 

23 before the period. 

24 (B) Section 2107(e)(1)(O) of the Social 

25 Security Act (42 U.S.C. 1397gg(e)(1)(O)) is 


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1 amended by inserting ‘‘who have attained age 

2 19 or 20’’ after ‘‘immigrant children’’. 

3 (C) Section 402(b)(2) of the Personal Re4 sponsibility and Work Opportunity Reconcili5 ation Act of 1996 (8 U.S.C. 1612(b)(2)) is 

6 amended by adding at the end the following: 

7 ‘‘(H) MEDICAID EXCEPTION FOR CHIL8 DREN.—With respect to eligibility for benefits 

9 for the program defined in paragraph (3)(C) 

10 (relating to the Medicaid program), section 

11 401(a) and paragraph (1) shall not apply to 

12 any individual who has not attained 19 years of 

13 age.’’. 

14 (D) Section 403(d) of the Personal Re15 sponsibility and Work Opportunity Reconcili16 ation Act of 1996 (8 U.S.C. 1613(d)) is amend17 ed— 

18 (i) by striking ‘‘or’’ at the end of 

19 paragraph (1); 

20 (ii) by striking the period at the end 

21 of paragraph (2) and inserting ‘‘; or’’; and 

22 (iii) by adding at the end the fol23 lowing: 


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1 ‘‘(3) an individual described in section 

2 402(a)(2)(H), but only with respect to the program 

3 specified in subsection (b)(3)(C) of section 402.’’. 

4 (E) Section 431(b) of the Personal Re5 sponsibility and Work Opportunity Reconcili6 ation Act of 1996 (8 U.S.C. 1641(b)) is amend7 ed— 

8 (i) by striking ‘‘or’’ at the end of 

9 paragraph (7); 

10 (ii) by striking the period at the end 

11 of paragraph (8) and inserting ‘‘, or’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(9) an individual who has not attained 19 

15 years of age, but only with respect to the designated 

16 Federal program defined in section 402(b)(3)(C) 

17 (relating to the Medicaid program).’’. 

18 (f) 100 PERCENT FEDERAL MATCHING PAYMENTS

19 FOR MEDICAL ASSISTANCE FOR CHILDREN.— 

20 (1) IN GENERAL.—Section 1905 of the Social 

21 Security Act (42 U.S.C. 1396d) is amended— 

22 (A) in subsection (b), by striking ‘‘and 

23 (ii)’’ and inserting ‘‘(ii), and (jj)’’; and 

24 (B) by adding at the end the following new 

25 subsection: 


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1 ‘‘(jj) ENHANCED FMAP FOR CERTAIN CHILDREN.— 

2 Notwithstanding subsection (b), beginning on the date 

3 that is 2 years after the date of enactment of this sub4 section, the Federal medical assistance percentage shall be 

5 100 percent with respect to amounts expended by a State 

6 for medical assistance for individuals— 

7 ‘‘(1) who are eligible for medical assistance 

8 under section 1902(a)(10)(A)(i)(X); and 

9 ‘‘(2) who would not have been eligible for med10 ical assistance for full benefits (as defined in sub11 section (y)(2)(B)) under the State plan under this 

12 title or a waiver of such plan as such plan or waiver 

13 was in effect on January 1, 2023.’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 9817(a)(1) of the American Rescue Plan Act of 

16 2021 (Public Law 117–2) is amended by striking 

17 ‘‘or (ii) of section 1905’’ and inserting ‘‘(ii), or (jj) 

18 of section 1905’’. 

19 (g) EFFECTIVE DATE.—Except as otherwise pro20 vided, the amendments made by this section shall take ef21 fect on the date of enactment of this Act. 

Æ 


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