I 
114TH CONGRESS 
2D SESSION 
H. R. 5100 
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 28, 2016 
Mr. CA´RDENAS (for himself and Mr. GRIFFITH) 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 
at-risk youth against termination of Medicaid eligibility 
while an inmate of a public institution. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘At-Risk Youth Med-
icaid Protection Act of 2016’’. 
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. 
(a) IN GENERAL.—Section 1902 of the Social Secu-
rity Act (42 U.S.C. 1396a) is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘and’’ at the end of para-
graph (80); 
(B) by striking the period at the end of 
paragraph (81) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (81) the 
following new paragraph: 
‘‘(82) provide that— 
‘‘(A) the State shall not terminate eligi-
bility for medical assistance under a State plan 
for an individual who is an eligible juvenile (as 
defined in subsection (ll)(2)) because the juve-
nile is an inmate of a public institution (as de-
fined in subsection (ll)(3)), but may suspend 
coverage during the period the juvenile is such 
an inmate; 
‘‘(B) the State shall restore coverage for 
such medical assistance to such an individual 
upon the individual’s release from any such 
public institution, without requiring a new ap-
plication from the individual, unless (and until 
such date as) there is a determination that the 
individual no longer meets the eligibility re-
quirements for such medical assistance; and 
‘‘(C) the State shall process any applica-
tion for medical assistance submitted by, or on 
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1905(a), taking into account the exception in such 
subdivision for a patient of a medical institution.’’. 
(b) NO CHANGE IN EXCLUSION FROM MEDICAL AS-
SISTANCE
FOR INMATES
OF PUBLIC INSTITUTIONS.— 
Nothing in this section shall be construed as changing the 
exclusion from medical assistance under the subdivision 
(A) following paragraph (29) of section 1905(a) of the So-
cial Security Act (42 U.S.C. 1396d(a)), including any ap-
plicable restrictions on a State submitting claims for Fed-
eral financial participation under title XIX of such Act 
for such assistance. 
(c) NO CHANGE IN CONTINUITY OF ELIGIBILITY BE-
FORE ADJUDICATION OR SENTENCING.—Nothing in this 
section shall be construed to mandate, encourage, or sug-
gest that a State suspend or terminate coverage for indi-
viduals before they have been adjudicated or sentenced. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall apply to eligibility of juveniles who become in-
mates of public institutions on or after the date that 
is 1 year after the date of the enactment of this Act. 
(2) RULE
FOR
CHANGES
REQUIRING
STATE 
LEGISLATION.—In the case of a State plan for med-
ical assistance under title XIX of the Social Security 
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Act which the Secretary of Health and Human Serv-
ices determines requires State legislation (other than 
legislation appropriating funds) in order for the plan 
to meet the additional requirements imposed by the 
amendments made by subsection (a), the State plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet these additional requirements before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
State legislature that begins after the date of the en-
actment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
Æ 
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