118TH CONGRESS 
2D SESSION 
H. R. 8108 
AN ACT 
To amend title XIX of the Social Security Act to add a 
Medicaid State plan requirement with respect to the de-
termination of residency of certain individuals serving 
in the Armed Forces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MEDICAID STATE PLAN REQUIREMENT FOR DE-
TERMINING RESIDENCY AND COVERAGE FOR 
MILITARY FAMILIES. 
Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended— 
(1) in subsection (a)— 
(A) in paragraph (86), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (87), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (87) the 
following new paragraph: 
‘‘(88) beginning January 1, 2028, provide, with 
respect to an active duty relocated individual (as de-
fined in subsection (uu)(1))— 
‘‘(A) that, in determining eligibility for 
medical assistance under the State plan (or 
waiver of such plan), the relocation described in 
such subsection is deemed to be a temporary 
absence for purposes of section 435.403(j)(3) of 
title 42, Code of Federal Regulations (or any 
successor regulation); 
‘‘(B) that if, at the time of such relocation, 
such active duty relocated individual is on a 
home and community-based services waiting list
(as defined in subsection (uu)(2)), such indi-
vidual remains on such list until— 
‘‘(i) the State completes an assess-
ment and renders a decision with respect 
to the eligibility of such individual to re-
ceive the relevant home and community- 
based services at the time a slot for such 
services becomes available and, in the case 
such decision is a denial of such eligibility, 
such individual has exhausted the individ-
ual’s opportunity for a fair hearing in ac-
cordance with paragraph (3); or 
‘‘(ii) such individual elects to be re-
moved from such list; and 
‘‘(C) payment for medical assistance fur-
nished under the State plan (or a waiver of the 
plan) to such active duty relocated individual in 
the temporary relocation State (as referred to 
in subsection (uu)(1)) in accordance with such 
guidance as the Secretary may issue to ensure 
access to such assistance.’’; and 
(2) by adding at the end the following new sub-
section:
‘‘(uu) ACTIVE DUTY RELOCATED INDIVIDUAL; HOME 
AND COMMUNITY-BASED SERVICES WAITING LIST.—For 
purposes of subsection (a)(88) and this subsection: 
‘‘(1) ACTIVE DUTY RELOCATED INDIVIDUAL.— 
The term ‘active duty relocated individual’ means an 
individual enrolled under the State plan (or waiver 
of such plan)— 
‘‘(A) who— 
‘‘(i) is a member of the Armed Forces 
engaged in active duty service and is tem-
porarily relocated (as specified by the Sec-
retary) to another State (in this subsection 
referred to as the ‘temporary relocation 
State’) by reason of such service; 
‘‘(ii) at any point during the pre-
ceding 1-year period, was such a member 
so engaged in such service and was tempo-
rarily relocated to the temporary relocation 
State by reason of such service, but is no 
longer so engaged in such service (includ-
ing by reason of retirement from such 
service); or 
‘‘(iii) is a dependent (as defined by 
the Secretary) of a member described in 
clause (i) or (ii) who temporarily relocates