I 

112TH CONGRESS 

1ST SESSION H. R. 3172 

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

of incarcerated youth for medical assistance. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 12, 2011 

Mr. MURPHY of Connecticut 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 eligibility of incarcerated youth for medical assistance. 

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’’. 

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

7 (a) IN GENERAL.—Section 1902(a) of the Social Se8 curity Act (42 U.S.C. 1396a) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (82)(C); 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3172 IH

1 (2) by striking the period at the end of para2 graph (83) and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (83) the fol4 lowing new paragraph: 

5 ‘‘(84)(A) provide that in the case of an eligible 

6 juvenile— 

7 ‘‘(i) the State shall not terminate (but 

8 shall suspend) eligibility for medical assist9 ance for such juvenile during the period 

10 that such individual is an inmate of a pub11 lic institution, but shall establish a process 

12 to ensure that— 

13 ‘‘(I) the State does not claim 

14 Federal financial participation for 

15 items and services that are excluded 

16 from the definition of medical assist17 ance under subdivision (A) (following 

18 paragraph (29)) in section 1905(a); 

19 and 

20 ‘‘(II) ensures that the eligible ju21 venile receives (other than under this 

22 title) items and services which are in23 cluded in the definition of medical as24 sistance and for which Federal finan25 cial participation would have otherVerDate Mar 15 2010 04:08 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3172.IH H3172

smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 3172 IH

1 wise been permitted but for the status 

2 of the juvenile as such an inmate; and 

3 ‘‘(ii) the State shall automatically re4 store full eligibility for such medical assist5 ance to such eligible juvenile upon release 

6 from such institution and shall take all 

7 necessary steps to ensure that such juve8 nile can begin receiving medical assistance 

9 under this title immediately upon release 

10 from such institution, unless (and until 

11 such date) there is a determination that 

12 the juvenile no longer meets the State or 

13 Federal eligibility requirements for such 

14 medical assistance. 

15 ‘‘(B) For purposes of this paragraph, the 

16 term ‘eligible juvenile’ means an individual 

17 who— 

18 ‘‘(i) is 21 years of age or younger; 

19 ‘‘(ii) was enrolled for medical assist20 ance under the State plan immediately be21 fore becoming an inmate of a public insti22 tution; 

23 ‘‘(iii) on the expected date of release 

24 of such individual from such institution— 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 3172 IH

1 ‘‘(I) will be 21 years of age or 

2 younger; and 

3 ‘‘(II) notwithstanding subdivision 

4 (A) (following paragraph (29)), in sec5 tion 1905(a), will be eligible for med6 ical assistance under the State plan.’’. 

7 (b) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by subsection (a) 

10 shall take effect 6 months after the date of the en11 actment of this Act and shall apply to eligibility and 

12 enrollment on or after such date. 

13 (2) RULE FOR CHANGES REQUIRING STATE

14 LEGISLATION.—In the case of a State plan for med15 ical assistance under title XIX of the Social Security 

16 Act which the Secretary of Health and Human Serv17 ices determines requires State legislation (other than 

18 legislation appropriating funds) in order for the plan 

19 to meet the additional requirement imposed by the 

20 amendments made by this subsection, the State plan 

21 shall not be regarded as failing to comply with the 

22 requirements of such title solely on the basis of its 

23 failure to meet this additional requirement before 

24 the first day of the first calendar quarter beginning 

25 after the close of the first regular session of the 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 3172 IH

1 State legislature that begins after the date of the en2 actment of this Act. For purposes of the previous 

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

4 legislative session, each year of such session shall be 

5 deemed to be a separate regular session of the State 

6 legislature. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS