II 

116TH CONGRESS 

1ST SESSION S. 2377 

To apply the Medicaid asset verification program to all applicants for, and 

recipients of, medical assistance in all States and territories, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Mr. INHOFE introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To apply the Medicaid asset verification program to all applicants for, and recipients of, medical assistance in all 

States and territories, 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 Account5 ability Act’’. 


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1 SEC. 2. APPLICATION OF MEDICAID ASSET TEST TO ALL AP2 PLICANTS FOR, AND RECIPIENTS OF, MED3 ICAL ASSISTANCE IN ALL STATES AND TERRI4 TORIES. 

5 (a) APPLICATION TO ALL APPLICANTS AND RECIPI6 ENTS.—Section 1940(b)(1)(A) of the Social Security Act 

7 (42 U.S.C. 1396w(b)(1)(A)) is amended by striking ‘‘on 

8 the basis of being aged, blind, or disabled’’. 

9 (b) APPLICATION TO THE TERRITORIES.—Section 

10 1940(a) of such Act (42 U.S.C. 1396w(a)) is amended by 

11 striking paragraph (4). 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 subsections (a) and (b) shall take effect on the date of 

14 enactment of this Act. 

15 (d) PHASE-IN IMPLEMENTATION.— 

16 (1) IN GENERAL.—During the 180 day period 

17 that begins on the date of enactment of this Act, the 

18 Secretary of Health and Human Services shall re19 quire States to submit and implement an asset 

20 verification program under section 1940 of the So21 cial Security Act (as amended by subsections (a) and 

22 (b)) in such manner as is designed to result in the 

23 application of such programs, in the aggregate for 

24 all States, to enrollment of approximately, but not 

25 less than, the following percentage of enrollees, in 


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1 the aggregate for all States, by the end of the fiscal 

2 year involved: 

3 (A) 12.5 percent by the end of fiscal year 

4 2020. 

5 (B) 25 percent by the end of fiscal year 

6 2021. 

7 (C) 50 percent by the end of fiscal year 

8 2022. 

9 (D) 75 percent by the end of fiscal year 

10 2023. 

11 (E) 100 percent by the end of fiscal year 

12 2024. 

13 (2) CONSIDERATION.—In selecting States under 

14 paragraph (1), the Secretary of Health and Human 

15 Services shall consult with the States involved and 

16 take into account the feasibility of implementing 

17 asset verification programs in each such State. 

18 (3) CONSTRUCTION.—Nothing in paragraph (1) 

19 shall be construed as preventing a State from re20 questing, and the Secretary of Health and Human 

21 Services from approving, the implementation of an 

22 asset verification program in advance of the deadline 

23 otherwise established under such paragraph. 


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1 SEC. 3. MEDICAID RESOURCES ELIGIBILITY REQUIRE2 MENT. 

3 (a) IN GENERAL.—Section 1902(e)(14)(C) of the So4 cial Security Act (42 U.S.C. 1396a(e)(14)(C)) is amended 

5 to read as follows— 

6 ‘‘(C) RESOURCES TEST REQUIREMENT.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 any other provision of this title, in the case 

9 of any individual with respect to whom a 

10 determination of income eligibility for med11 ical assistance under the State plan or 

12 under any waiver of such plan is required, 

13 the State shall also apply a resources eligi14 bility test that meets the requirement of 

15 clause (ii). 

16 ‘‘(ii) REQUIREMENT.—A State re17 sources eligibility test meets the require18 ment of this clause if the test precludes eli19 gibility for any individual whose resources 

20 (as determined under section 1613 for pur21 poses of the supplemental security income 

22 program) exceed the maximum amount of 

23 resources that an individual may have and 

24 obtain benefits under that program, or 

25 such lower amount of resources as the 

26 State shall establish.’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Subject to paragraph (2), 

3 the amendment made by subsection (a) shall take ef4 fect on October 1, 2020. 

5 (2) RULE FOR CHANGES REQUIRING STATE

6 LEGISLATION.—In the case of a State plan under 

7 title XIX of the Social Security Act (42 U.S.C. 1396 

8 et seq.) which the Secretary of Health and Human 

9 Services determines requires State legislation (other 

10 than legislation appropriating funds) in order for the 

11 plan to meet the additional requirement imposed by 

12 the amendment made by subsection (a), the State 

13 plan shall not be regarded as failing to comply with 

14 the requirements of such title solely on the basis of 

15 its failure to meet this additional requirement before 

16 the first day of the first calendar quarter beginning 

17 after the close of the first regular session of the 

18 State legislature that begins after the date of the en19 actment of this Act. For purposes of the previous 

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

21 legislative session, each year of such session shall be 

22 deemed to be a separate regular session of the State 

23 legislature. 

Æ 


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