IB 
Union Calendar No. 591 
118TH CONGRESS 
2D SESSION 
H. R. 8108 
[Report No. 118–697] 
To amend title XIX of the Social Security Act to add a Medicaid State 
plan requirement with respect to the determination of residency of certain 
individuals serving in the Armed Forces. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2024 
Mrs. KIGGANS of Virginia (for herself and Ms. KAPTUR) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
SEPTEMBER 20, 2024 
Additional sponsors: Mr. WILLIAMS of New York and Mr. MOYLAN 
SEPTEMBER 20, 2024 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 23, 2024] 
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A BILL 
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. 
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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 ab-
sence for purposes of section 435.403(j)(3) of title 
42, Code of Federal Regulations (or any suc-
cessor regulation); 
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‘‘(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 assessment 
and renders a decision with respect to the 
eligibility of such individual to receive the 
relevant home and community-based serv-
ices at the time a slot for such services be-
comes available and, in the case such deci-
sion is a denial of such eligibility, such in-
dividual has exhausted the individual’s op-
portunity for a fair hearing in accordance 
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 
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(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 preceding 
1-year period, was such a member so en-
gaged in such service and was temporarily 
relocated to the temporary relocation State 
by reason of such service, but is no longer 
so engaged in such service (including by 
reason of retirement from such service); or 
‘‘(iii) is a dependent (as defined by the 
Secretary) of a member described in clause 
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(i) or (ii) who temporarily relocates to the 
temporary relocation State with such mem-
ber; and 
‘‘(B) 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 relocation; 
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 relo-
cation. 
‘‘(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) or section 1915(c), a list main-
tained by such State of individuals who have applied 
to receive such services under either such section but 
for whom the State has not yet completed an assess-
ment and rendered a decision with respect to the eli-
gibility of such individuals to receive the relevant 
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home and community-based services at the time a slot 
for such services becomes available due to such limit.’’. 
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Union Calendar No. 591 
118TH CONGRESS 
2D SESSION 
H. R. 8108 
[Report No. 118–697] 
A BILL 
To amend title XIX of the Social Security Act to 
add a Medicaid State plan requirement with re-
spect to the determination of residency of certain 
individuals serving in the Armed Forces. 
SEPTEMBER 20, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
23:08 Sep 20, 2024
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