I 

113TH CONGRESS 

2D SESSION H. R. 4390 

To amend title XIX of the Social Security Act to protect the enrollment 

of incarcerated youth for medical assistance under the Medicaid program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2014 

Mr. CA ́RDENAS (for himself, Ms. BASS, Mr. GRIJALVA, Ms. NORTON, and Mr. 

RANGEL) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to protect 

the enrollment of incarcerated youth for medical assistance under the 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 ‘‘At-Risk Youth Med5 icaid Protection Act of 2014’’. 

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

7 (a) IN GENERAL.—Section 1902 of the Social Secu8 rity Act (42 U.S.C. 1396a) is amended— 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 4390 IH

1 (1) in subsection (a)— 

2 (A) by striking ‘‘and’’ at the end of para3 graph (80); 

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

5 paragraph (81) and inserting ‘‘; and’’; and 

6 (C) by inserting after paragraph (81) the 

7 following new paragraph: 

8 ‘‘(82) provide that— 

9 ‘‘(A) the State shall not terminate (but 

10 may suspend) enrollment under a State plan for 

11 medical assistance for an individual who is an 

12 eligible juvenile (as defined in subsection (ll)(2)) 

13 because the juvenile is an inmate of a public in14 stitution (as defined in subsection (ll)(3)); 

15 ‘‘(B) the State shall automatically restore 

16 enrollment for such medical assistance to such 

17 an individual upon the individual’s release from 

18 any such public institution and shall take all 

19 necessary steps to ensure the enrollment is ef20 fective immediately upon release from such in21 stitution, unless (and until such date as) there 

22 is a determination that the individual no longer 

23 meets the eligibility requirements for such med24 ical assistance; and 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 4390 IH

1 ‘‘(C) the State shall process any applica2 tion for medical assistance submitted by, or on 

3 behalf of, a juvenile who is an inmate of a pub4 lic institution notwithstanding that the juvenile 

5 is such an inmate.’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(ll) JUVENILE; ELIGIBLE JUVENILE; PUBLIC INSTI9 TUTION.—For purposes of subsection (a)(82) and this 

10 subsection: 

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

12 individual who is— 

13 ‘‘(A) under 19 years of age (or such higher 

14 age as the State has elected under section 

15 475(8)(B)(iii)); or 

16 ‘‘(B) is described in subsection 

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

18 ‘‘(2) ELIGIBLE JUVENILE.—The term ‘eligible 

19 juvenile’ means a juvenile who is an inmate of a 

20 public institution and was enrolled for medical as21 sistance under the State plan immediately before be22 coming an inmate of such a public institution or who 

23 becomes eligible to enroll for such medical assistance 

24 while an inmate of a public institution. 


sroberts on DSK5SPTVN1PROD with BILLS
4 

•HR 4390 IH

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

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

3 given such term for purposes of applying the sub4 division (A) following paragraph (29) of section 

5 1905(a), taking into account the exception in such 

6 subdivision for a patient of a medical institution.’’. 

7 (b) NO CHANGE IN EXCLUSION FROM MEDICAL AS8 SISTANCE FOR INMATES OF PUBLIC INSTITUTIONS.— 

9 Nothing in this section shall be construed as changing the 

10 exclusion from medical assistance under the subdivision 

11 (A) following paragraph (29) of section 1905(a) of the So12 cial Security Act (42 U.S.C. 1396d(a)), including any ap13 plicable restrictions on a State submitting claims for Fed14 eral financial participation under title XIX of such Act 

15 for such assistance. 

16 (c) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by subsection (a) 

19 shall apply to eligibility and enrollment of juveniles 

20 who become inmates of public institutions on or 

21 after the date that is 1 year after the date of the 

22 enactment of this Act. 

23 (2) RULE FOR CHANGES REQUIRING STATE

24 LEGISLATION.—In the case of a State plan for med25 ical assistance under title XIX of the Social Security 


sroberts on DSK5SPTVN1PROD with BILLS
5 

•HR 4390 IH

1 Act which the Secretary of Health and Human Serv2 ices determines requires State legislation (other than 

3 legislation appropriating funds) in order for the plan 

4 to meet the additional requirements imposed by the 

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

6 shall not be regarded as failing to comply with the 

7 requirements of such title solely on the basis of its 

8 failure to meet these additional requirements before 

9 the first day of the first calendar quarter beginning 

10 after the close of the first regular session of the 

11 State legislature that begins after the date of the en12 actment of this Act. For purposes of the previous 

13 sentence, in the case of a State that has a 2-year 

14 legislative session, each year of such session shall be 

15 deemed to be a separate regular session of the State 

16 legislature. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS