I 
119TH CONGRESS 
1ST SESSION H. R. 3399 
To amend title XIX of the Social Security Act to establish State plan 
requirements for determining residency and coverage for military families, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2025 
Mrs. KIGGANS of Virginia (for herself and Ms. KAPTUR) 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 
State plan requirements for determining residency and 
coverage for military families, and for other purposes. 
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 ‘‘Care for Military Kids 
Act of 2025’’. 
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SEC. 2. MEDICAID STATE PLAN REQUIREMENT FOR DETER-
MINING RESIDENCY AND COVERAGE FOR 
MILITARY FAMILIES. 
(a) IN GENERAL.—Section 1902 of the Social Secu-
rity 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)(D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (87)(D), 
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, for purposes of determining eli-
gibility for medical assistance under the State 
plan (or waiver of such plan), such active duty 
relocated individual is treated as a resident of 
the State unless such individual voluntarily 
elects not to be so treated for such purposes; 
‘‘(B) that if, at the time of relocation (as 
described in subsection (uu)(1)), such active 
duty relocated individual is on a home and com-
munity-based services waiting list (as defined in 
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subsection (uu)(2)), such individual 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; 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) on behalf of such active duty relocated in-
dividual in the military service relocation State 
(as referred to in subsection (uu)(1)(B)(i)), to 
the extent that such assistance is available in 
such military service relocation State in accord-
ance 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: 
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‘‘(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— 
‘‘(A) who— 
‘‘(i) is enrolled under the State plan 
(or waiver of such plan); or 
‘‘(ii) with respect to an individual de-
scribed in subparagraph (C)(ii), would be 
so 
enrolled 
pursuant 
to 
subsection 
(a)(10)(A)(ii)(VI) if such individual began 
receiving home and community-based serv-
ices; 
‘‘(B) who— 
‘‘(i) is a member of the Armed Forces 
engaged in active duty service and is relo-
cated to another State (in this subsection 
referred to as the ‘military service reloca-
tion State’) by reason of such service; 
‘‘(ii) would be described in clause (i) 
except that the individual stopped being 
engaged in active duty service (including 
by reason of retirement from such service) 
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and the last day on which the individual 
was engaged in active duty service oc-
curred not more than 12 months ago; or 
‘‘(iii) is a dependent (as defined by 
the Secretary) of a member described in 
clause (i) or (ii) who relocates to the mili-
tary service relocation State with such 
member; and 
‘‘(C) who— 
‘‘(i) was receiving home and commu-
nity-based services (as defined in section 
9817(a)(2)(B) of the American Rescue 
Plan Act of 2021) at the time of such relo-
cation; or 
‘‘(ii) if the State maintains a home 
and community-based services waiting list, 
was on such home and community-based 
services waiting list at the time of such re-
location. 
‘‘(2) HOME AND COMMUNITY-BASED SERVICES 
WAITING LIST.—The term ‘home and community- 
based services waiting list’ means, in the case of a 
State that has a limit on the number of individuals 
who may receive home and community-based services 
under section 1115(a), section 1915(c), or section 
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1915(j), a list maintained by such State of individ-
uals who are requesting to receive such services 
under 1 or more such sections but for whom the 
State has not yet completed an assessment and ren-
dered a decision with respect to the eligibility of 
such individuals to receive the relevant home and 
community-based services at the time a slot for such 
services becomes available due to such limit.’’. 
(b) IMPLEMENTATION FUNDING.—There are appro-
priated, out of any funds in the Treasury not otherwise 
obligated, $1,000,000 for each of fiscal years 2026 
through 2030, to remain available until expended, to the 
Secretary of Health and Human Services for purposes of 
implementing the amendments made by subsection (a). 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall take effect on the date of enactment of this 
Act. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—In the case of a State plan approved 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) which the Secretary of Health 
and Human Services determines requires State legis-
lation (other than legislation appropriating funds) in 
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order for the plan to meet the additional require-
ments imposed by the amendments made by this sec-
tion, the State plan shall not be regarded as failing 
to comply with the requirements of such title XIX 
solely on the basis of the failure of the plan to meet 
such 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 ends after the 1-year period beginning with the 
date of the enactment of this section. For purposes 
of the preceding sentence, in the case of a State that 
has a 2-year legislative session, each year of the ses-
sion is deemed to be a separate regular session of 
the State legislature. 
Æ 
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