I 

117TH CONGRESS 

1ST SESSION H. R. 1738 

To amend titles XIX and XXI of the Social Security Act to provide for 

12-month continuous enrollment of individuals under the Medicaid program and Children’s Health Insurance Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2021 

Mrs. DINGELL (for herself and Mr. KATKO) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend titles XIX and XXI of the Social Security Act 

to provide for 12-month continuous enrollment of individuals under the Medicaid program and Children’s Health 

Insurance 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 ‘‘Stabilize Medicaid and 

5 CHIP Coverage Act’’. 

6 SEC. 2. 12-MONTH CONTINUOUS ENROLLMENT. 

7 (a) REQUIREMENT OF 12-MONTH CONTINUOUS EN8 ROLLMENT UNDER MEDICAID.—Section 1902(e)(12) of 


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1 the Social Security Act (42 U.S.C. 1396a(e)(12)) is 

2 amended to read as follows: 

3 ‘‘(12) 12-MONTH CONTINUOUS ENROLLMENT.— 

4 Notwithstanding any other provision of this title, a 

5 State plan approved under this title (or under any 

6 waiver of such plan approved pursuant to section 

7 1115 or section 1915), shall provide that an indi8 vidual who is determined to be eligible for benefits 

9 under such plan (or waiver) shall remain eligible and 

10 enrolled for such benefits through the end of the 

11 month in which the 12-month period (beginning on 

12 the date of determination of eligibility) ends.’’. 

13 (b) REQUIREMENT OF 12-MONTH CONTINUOUS EN14 ROLLMENT UNDER CHIP.— 

15 (1) IN GENERAL.—Section 2102(b) of the So16 cial Security Act (42 U.S.C. 1397bb(b)) is amended 

17 by adding at the end the following new paragraph: 

18 ‘‘(6) REQUIREMENT FOR 12-MONTH CONTIN19 UOUS ENROLLMENT.—Notwithstanding any other 

20 provision of this title, a State child health plan that 

21 provides child health assistance under this title 

22 through a means other than described in section 

23 2101(a)(2), shall provide that an individual who is 

24 determined to be eligible for benefits under such 

25 plan shall remain eligible and enrolled for such beneVerDate Sep 11 2014 19:32 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1738.IH H1738

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1 fits through the end of the month in which the 12- 

2 month period (beginning on the date of determina3 tion of eligibility) ends.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 

6 1397ee(a)(4)(A)) is amended— 

7 (A) by striking ‘‘has elected the option of’’ 

8 and inserting ‘‘is in compliance with the re9 quirement for’’; and 

10 (B) by striking ‘‘applying such policy 

11 under its State child health plan under this 

12 title’’ and inserting ‘‘in compliance with section 

13 2102(b)’’. 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2) or (3), the amendments made by sub17 sections (a) and (b) shall apply to determinations 

18 (and redeterminations) of eligibility made on or after 

19 the date that is 18 months after the date of the en20 actment of this Act. 

21 (2) EXTENSION OF EFFECTIVE DATE FOR

22 STATE LAW AMENDMENT.—In the case of a State 

23 plan under title XIX or State child health plan 

24 under title XXI of the Social Security Act (42 

25 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 


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1 which the Secretary of Health and Human Services 

2 determines requires State legislation (other than leg3 islation appropriating funds) in order for the respec4 tive plan to meet the additional requirement imposed 

5 by the amendment made by subsection (a) or (b), re6 spectively, the respective plan shall not be regarded 

7 as failing to comply with the requirements of such 

8 title solely on the basis of its failure to meet such 

9 applicable additional requirement before the first 

10 day of the first calendar quarter beginning after the 

11 close of the first regular session of the State legisla12 ture that begins after the date of enactment of this 

13 Act. For purposes of the previous sentence, in the 

14 case of a State that has a 2-year legislative session, 

15 each year of the session is considered to be a sepa16 rate regular session of the State legislature. 

17 (3) OPTION TO IMPLEMENT 12-MONTH CONTIN18 UOUS ELIGIBILITY PRIOR TO EFFECTIVE DATE.—A 

19 State may elect through a State plan amendment 

20 under title XIX or XXI of the Social Security Act 

21 (42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 

22 to apply the amendment made by subsection (a) or 

23 (b), respectively, on any date prior to the 18-month 


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1 date specified in paragraph (1), but not sooner than 

2 the date of the enactment of this Act. 

Æ 


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