IB 

Union Calendar No. 572 

115TH CONGRESS 

2D SESSION H. R. 1925 

[Report No. 115–738] 

To amend title XIX of the Social Security Act to protect at-risk youth 

against termination of Medicaid eligibility while an inmate of a public 

institution. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. CA ́RDENAS (for himself and Mr. GRIFFITH) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

JUNE 12, 2018 

Additional sponsor: Mr. WALDEN

JUNE 12, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 5, 2017] 


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A BILL 

To amend title XIX of the Social Security Act to protect 

at-risk youth against termination of Medicaid eligibility 

while an inmate of a public institution. 


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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 ‘‘At-Risk Youth Medicaid 

5 Protection Act of 2018’’. 

6 SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. 

7 (a) IN GENERAL.—Section 1902 of the Social Security 

8 Act (42 U.S.C. 1396a) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (82); 

12 (B) by striking the period at the end of 

13 paragraph (83) and inserting ‘‘; and’’; and 

14 (C) by inserting after paragraph (83) the 

15 following new paragraph: 

16 ‘‘(84) provide that— 

17 ‘‘(A) the State shall not terminate eligibility 

18 for medical assistance under the State plan for 

19 an individual who is an eligible juvenile (as de20 fined in subsection (nn)(2)) because the juvenile 

21 is an inmate of a public institution (as defined 

22 in subsection (nn)(3)), but may suspend coverage 

23 during the period the juvenile is such an inmate; 

24 ‘‘(B) in the case of an individual who is an 

25 eligible juvenile described in paragraph (2)(A) of 


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1 subsection (nn), the State shall, prior to the indi2 vidual’s release from such a public institution, 

3 conduct a redetermination of eligibility for such 

4 individual with respect to such medical assist5 ance (without requiring a new application from 

6 the individual) and, if the State determines pur7 suant to such redetermination that the indi8 vidual continues to meet the eligibility require9 ments for such medical assistance, the State shall 

10 restore coverage for such medical assistance to 

11 such an individual upon the individual’s release 

12 from such public institution; and 

13 ‘‘(C) in the case of an individual who is an 

14 eligible juvenile described in paragraph (2)(B) of 

15 subsection (nn), the State shall process any ap16 plication for medical assistance submitted by, or 

17 on behalf of, such individual such that the State 

18 makes a determination of eligibility for such in19 dividual with respect to such medical assistance 

20 upon release of such individual from such public 

21 institution.’’; and 

22 (2) by adding at the end the following new sub23 section: 


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1 ‘‘(nn) JUVENILE; ELIGIBLE JUVENILE; PUBLIC INSTI2 TUTION.—For purposes of subsection (a)(84) and this sub3 section: 

4 ‘‘(1) JUVENILE.—The term ‘juvenile’ means an 

5 individual who is— 

6 ‘‘(A) under 21 years of age; or 

7 ‘‘(B) described in subsection 

8 (a)(10)(A)(i)(IX). 

9 ‘‘(2) ELIGIBLE JUVENILE.—The term ‘eligible ju10 venile’ means a juvenile who is an inmate of a public 

11 institution and who— 

12 ‘‘(A) was determined eligible for medical as13 sistance under the State plan immediately before 

14 becoming an inmate of such a public institution; 

15 or 

16 ‘‘(B) is determined eligible for such medical 

17 assistance while an inmate of a public institu18 tion. 

19 ‘‘(3) INMATE OF A PUBLIC INSTITUTION.—The 

20 term ‘inmate of a public institution’ has the meaning 

21 given such term for purposes of applying the subdivi22 sion (A) following paragraph (29) of section 1905(a), 

23 taking into account the exception in such subdivision 

24 for a patient of a medical institution.’’. 


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1 (b) NO CHANGE IN EXCLUSION FROM MEDICAL AS2 SISTANCE FOR INMATES OF PUBLIC INSTITUTIONS.—Noth3 ing in this section shall be construed as changing the exclu4 sion from medical assistance under the subdivision (A) fol5 lowing paragraph (29) of section 1905(a) of the Social Se6 curity Act (42 U.S.C. 1396d(a)), including any applicable 

7 restrictions on a State submitting claims for Federal finan8 cial participation under title XIX of such Act for such as9 sistance. 

10 (c) NO CHANGE IN CONTINUITY OF ELIGIBILITY BE11 FORE ADJUDICATION OR SENTENCING.—Nothing in this 

12 section shall be construed to mandate, encourage, or suggest 

13 that a State suspend or terminate coverage for individuals 

14 before they have been adjudicated or sentenced. 

15 (d) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the amendments made by subsection (a) 

18 shall apply to eligibility of juveniles who become in19 mates of public institutions on or after the date that 

20 is 1 year after the date of the enactment of this Act. 

21 (2) RULE FOR CHANGES REQUIRING STATE LEG22 ISLATION.—In the case of a State plan for medical 

23 assistance under title XIX of the Social Security Act 

24 which the Secretary of Health and Human Services 

25 determines requires State legislation (other than legisVerDate Sep 11 2014 23:52 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1925.RH H1925

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1 lation appropriating funds) in order for the plan to 

2 meet the additional requirements imposed by the 

3 amendments made by subsection (a), the State plan 

4 shall not be regarded as failing to comply with the re5 quirements of such title solely on the basis of its fail6 ure to meet these additional requirements before the 

7 first day of the first calendar quarter beginning after 

8 the close of the first regular session of the State legis9 lature that begins after the date of the enactment of 

10 this Act. For purposes of the previous sentence, in the 

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

12 each year of such session shall be deemed to be a sepa13 rate regular session of the State legislature. 


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Union Calendar No. 572 

115TH CONGRESS 

2D SESSION H. R. 1925 

[Report No. 115–738] 

A BILL 

To amend title XIX of the Social Security Act to 

tution. icaid eligibility while an inmate of a public instiprotect at-risk youth against termination of MedJUNE 12, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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