I 

110TH CONGRESS 

1ST SESSION H. R. 1376 

To amend title XIX of the Social Security Act to establish independent 

foster care adolescents as a mandatory category (and not an optional 

category) of individuals for coverage under State Medicaid programs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2007 

Mr. CARDOZA 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 establish 

independent foster care adolescents as a mandatory category (and not an optional category) of individuals for 

coverage under State Medicaid programs. 

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 Foster Care 

5 Coverage Act of 2007’’. 


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1 SEC. 2. INDEPENDENT FOSTER CARE ADOLESCENTS ES2 TABLISHED AS MANDATORY CATEGORY (AND 

3 NOT OPTIONAL CATEGORY) OF INDIVIDUALS 

4 FOR MEDICAID COVERAGE. 

5 (a) ESTABLISHMENT AS MANDATORY CATEGORY.— 

6 Clause (i) of section 1902(a)(10)(A) of the Social Security 

7 Act (42 U.S.C. 1396a(a)(10)(A)) is amended— 

8 (1) in subclause (VI), by striking at the end 

9 ‘‘or’’; 

10 (2) in subclause (VII), by adding at the end 

11 ‘‘or’’; and 

12 (3) by adding at the end the following new sub13 clause: 

14 ‘‘(VIII) who are independent fos15 ter care adolescents (as defined in sec16 tion 1905(w)(1));’’. 

17 (b) CONFORMING AMENDMENTS.— 

18 (1) Clause (ii) of such section is amended by 

19 striking subclause (XVII) and redesignating sub20 clauses (XVIII) and (XIX) as subclauses (XVII) and 

21 (XVIII), respectively. 

22 (2) Section 1905(w) of the Social Security Act 

23 (42 U.S.C. 1396d(w)) is amended— 

24 (A) in paragraph (1), by inserting ‘‘, sub25 ject to paragraph (3),’’ after ‘‘means’’; and 


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1 (B) in paragraph (3), by striking ‘‘section 

2 1902(a)(10)(A)(ii)(XVII)’’ and inserting ‘‘sec3 tion 1902(a)(10)(A)(I)(VIII)’’. 

4 (3) Section 1902 of such Act (42 U.S.C. 

5 1396a) is amended— 

6 (A) in the matter following subparagraph 

7 (G) of subsection (a)(10), by striking ‘‘subpara8 graph (A)(10)(ii)(XVIII)’’ and inserting ‘‘sub9 paragraph (A)(ii)(XVII)’’; and 

10 (B) in subsection (cc)(2)(A)(I), by striking 

11 ‘‘subsection (a)(10)(A)(ii)(XIX)’’ and inserting 

12 ‘‘subsection (a)(10)(A)(ii)(XVIII)’’. 

13 (4) Section 1903(f)(4) of such Act (42 U.S.C. 

14 1396b(f)(4)) is amended— 

15 (A) by striking 

16 ‘‘1902(a)(10)(A)(ii)(XVII),’’ and inserting 

17 ‘‘1902(a)(10)(A)(I)(VIII),’’ after 

18 ‘‘1902(a)(10)(A)(I)(VII),’’; 

19 (B) by striking 

20 ‘‘1902(a)(10)(A)(ii)(XVIII)’’ and inserting 

21 ‘‘1902(a)(10)(A)(ii)(XVII)’’; and 

22 (C) by striking ‘‘1902(a)(10)(A)(ii)(XIX)’’ 

23 and inserting ‘‘1902(a)(10)(A)(ii)(XVIII)’’. 

24 (5) Section 1905 of such Act (42 U.S.C. 

25 1396d) is amended— 


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1 (A) in subsection (a)(2)(B), by striking 

2 ‘‘1902(a)(10)(A)(ii)(XIX)’’ and inserting 

3 ‘‘1902(a)(10)(A)(ii)(XVIII)’’; and 

4 (B) in subsection (b), by striking 

5 ‘‘1902(a)(10)(A)(ii)(XVIII)’’ and inserting 

6 ‘‘1902(a)(10)(A)(ii)(XVII)’’. 

7 (6) Section 1916(I) of such Act (42 U.S.C. 

8 1396o(I)) is amended in paragraphs (1) and (3), by 

9 striking ‘‘1902(a)(10)(A)(ii)(XIX)’’ and inserting 

10 ‘‘1902(a)(10)(A)(ii)(XVIII)’’ each place it appears. 

11 (7) Section 1916A(b)(3) of such Act (42 U.S.C. 

12 1396o–1(b)(3)) is amended in subparagraphs (A)(v) 

13 and (B)(vii), by striking 

14 ‘‘1902(a)(10)(A)(ii)(XVIII)’’ and inserting 

15 ‘‘1902(a)(10)(A)(ii)(XVII)’’ each place it appears. 

16 (8) Section 1937(a)(2)(B)(x) of such Act (42 

17 U.S.C. 1396u–7(a)(2)(B)(x)) is amended by striking 

18 ‘‘1902(a)(10)(A)(ii)(XVIII)’’ and inserting 

19 ‘‘1902(a)(10)(A)(ii)(XVII)’’. 

20 (c) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the amendments made by subsections (a) 

23 and (b) shall apply to calendar quarters beginning 

24 on or after October 1, 2007, without regard to 


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1 whether or not final regulations to carry out such 

2 amendments have been promulgated by such date. 

3 (2) EXCEPTION IF STATE LEGISLATION RE4 QUIRED.—In the case of a State plan for medical as5 sistance under title XIX of the Social Security Act 

6 which the Secretary of Health and Human Services 

7 determines requires State legislation (other than leg8 islation appropriating funds) in order for the plan to 

9 meet the additional requirement imposed by the 

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

11 shall not be regarded as failing to comply with the 

12 requirements of such title solely on the basis of its 

13 failure to meet this additional requirement before 

14 the first day of the first calendar quarter beginning 

15 after the close of the first regular session of the 

16 State legislature that begins after the date of the en17 actment of this Act. For purposes of the previous 

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

19 legislative session, each year of such session shall be 

20 deemed to be a separate regular session of the State 

21 legislature. 

Æ 


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