I 
117TH CONGRESS 
1ST SESSION H. R. 1738 
To amend titles XIX and XXI of the Social Security Act to provide for 
12-month continuous enrollment of individuals under the Medicaid pro-
gram and Children’s Health Insurance Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2021 
Mrs. DINGELL (for herself and Mr. KATKO) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend titles XIX and XXI of the Social Security Act 
to provide for 12-month continuous enrollment of individ-
uals under the Medicaid program and Children’s Health 
Insurance Program, 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 ‘‘Stabilize Medicaid and 
CHIP Coverage Act’’. 
SEC. 2. 12-MONTH CONTINUOUS ENROLLMENT. 
(a) REQUIREMENT OF 12-MONTH CONTINUOUS EN-
ROLLMENT UNDER MEDICAID.—Section 1902(e)(12) of 
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the Social Security Act (42 U.S.C. 1396a(e)(12)) is 
amended to read as follows: 
‘‘(12) 12-MONTH CONTINUOUS ENROLLMENT.— 
Notwithstanding any other provision of this title, a 
State plan approved under this title (or under any 
waiver of such plan approved pursuant to section 
1115 or section 1915), shall provide that an indi-
vidual who is determined to be eligible for benefits 
under such plan (or waiver) shall remain eligible and 
enrolled for such benefits through the end of the 
month in which the 12-month period (beginning on 
the date of determination of eligibility) ends.’’. 
(b) REQUIREMENT OF 12-MONTH CONTINUOUS EN-
ROLLMENT UNDER CHIP.— 
(1) IN GENERAL.—Section 2102(b) of the So-
cial Security Act (42 U.S.C. 1397bb(b)) is amended 
by adding at the end the following new paragraph: 
‘‘(6) REQUIREMENT
FOR
12-MONTH
CONTIN-
UOUS
ENROLLMENT.—Notwithstanding any other 
provision of this title, a State child health plan that 
provides child health assistance under this title 
through a means other than described in section 
2101(a)(2), shall provide that an individual who is 
determined to be eligible for benefits under such 
plan shall remain eligible and enrolled for such bene-
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fits through the end of the month in which the 12- 
month period (beginning on the date of determina-
tion of eligibility) ends.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2105(a)(4)(A) of the Social Security Act (42 U.S.C. 
1397ee(a)(4)(A)) is amended— 
(A) by striking ‘‘has elected the option of’’ 
and inserting ‘‘is in compliance with the re-
quirement for’’; and 
(B) by striking ‘‘applying such policy 
under its State child health plan under this 
title’’ and inserting ‘‘in compliance with section 
2102(b)’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) or (3), the amendments made by sub-
sections (a) and (b) shall apply to determinations 
(and redeterminations) of eligibility made on or after 
the date that is 18 months after the date of the en-
actment of this Act. 
(2) EXTENSION
OF
EFFECTIVE
DATE
FOR 
STATE LAW AMENDMENT.—In the case of a State 
plan under title XIX or State child health plan 
under title XXI of the Social Security Act (42 
U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 
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which the Secretary of Health and Human Services 
determines requires State legislation (other than leg-
islation appropriating funds) in order for the respec-
tive plan to meet the additional requirement imposed 
by the amendment made by subsection (a) or (b), re-
spectively, the respective plan shall not be regarded 
as failing to comply with the requirements of such 
title solely on the basis of its failure to meet such 
applicable additional requirement before the first 
day of the first calendar quarter beginning after the 
close of the first regular session of the State legisla-
ture that begins after the date of enactment 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 the session is considered to be a sepa-
rate regular session of the State legislature. 
(3) OPTION TO IMPLEMENT 12-MONTH CONTIN-
UOUS ELIGIBILITY PRIOR TO EFFECTIVE DATE.—A 
State may elect through a State plan amendment 
under title XIX or XXI of the Social Security Act 
(42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 
to apply the amendment made by subsection (a) or 
(b), respectively, on any date prior to the 18-month 
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date specified in paragraph (1), but not sooner than 
the date of the enactment of this Act. 
Æ 
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