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. 
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’’. 
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. 
(a) IN GENERAL.—Section 1902(a) of the Social Se-
curity Act (42 U.S.C. 1396a) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(82)(C); 
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(2) by striking the period at the end of para-
graph (83) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (83) the fol-
lowing new paragraph: 
‘‘(84)(A) provide that in the case of an eligible 
juvenile— 
‘‘(i) the State shall not terminate (but 
shall suspend) eligibility for medical assist-
ance for such juvenile during the period 
that such individual is an inmate of a pub-
lic institution, but shall establish a process 
to ensure that— 
‘‘(I) the State does not claim 
Federal financial participation for 
items and services that are excluded 
from the definition of medical assist-
ance under subdivision (A) (following 
paragraph (29)) in section 1905(a); 
and 
‘‘(II) ensures that the eligible ju-
venile receives (other than under this 
title) items and services which are in-
cluded in the definition of medical as-
sistance and for which Federal finan-
cial participation would have other-
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wise been permitted but for the status 
of the juvenile as such an inmate; and 
‘‘(ii) the State shall automatically re-
store full eligibility for such medical assist-
ance to such eligible juvenile upon release 
from such institution and shall take all 
necessary steps to ensure that such juve-
nile can begin receiving medical assistance 
under this title immediately upon release 
from such institution, unless (and until 
such date) there is a determination that 
the juvenile no longer meets the State or 
Federal eligibility requirements for such 
medical assistance. 
‘‘(B) For purposes of this paragraph, the 
term ‘eligible juvenile’ means an individual 
who— 
‘‘(i) is 21 years of age or younger; 
‘‘(ii) was enrolled for medical assist-
ance under the State plan immediately be-
fore becoming an inmate of a public insti-
tution; 
‘‘(iii) on the expected date of release 
of such individual from such institution— 
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‘‘(I) will be 21 years of age or 
younger; and 
‘‘(II) notwithstanding subdivision 
(A) (following paragraph (29)), in sec-
tion 1905(a), will be eligible for med-
ical assistance under the State plan.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall take effect 6 months after the date of the en-
actment of this Act and shall apply to eligibility and 
enrollment on or after such date. 
(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 
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 requirement imposed by the 
amendments made by this subsection, 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 this additional requirement before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
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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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