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SECTION 1. SHORT TITLE.

This Act may be cited as the ''At-Risk Youth Medicaid Protection
Act of 2018''.

SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION.

(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) by striking ''and'' at the end of paragraph
(82);
(B) by striking the period at the end of paragraph
(83) and inserting ''; and''; and
(C) by inserting after paragraph (83) the following
new paragraph:
''(84) provide that--
''(A) the State shall not terminate eligibility for
medical assistance under the State plan for an
individual who is an eligible juvenile (as defined in
subsection (nn)(2)) because the juvenile is an inmate
of a public institution (as defined in subsection
(nn)(3)), but may suspend coverage during the period
the juvenile is such an inmate;
''(B) in the case of an individual who is an
eligible juvenile described in paragraph (2)(A) of
subsection (nn), the State shall, prior to the
individual's release from such a public institution,
conduct a redetermination of eligibility for such
individual with respect to such medical assistance
(without requiring a new application from the
individual) and, if the State determines pursuant to
such redetermination that the individual continues to
meet the eligibility requirements for such medical
assistance, the State shall restore coverage for such
medical assistance to such an individual upon the
individual's release from such public institution; and
''(C) in the case of an individual who is an
eligible juvenile described in paragraph (2)(B) of
subsection (nn), the State shall process any
application for medical assistance submitted by, or on
behalf of, such individual such that the State makes a
determination of eligibility for such individual with
respect to such medical assistance upon release of such
individual from such public institution.''; and
(2) by adding at the end the following new subsection:
''(nn) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(84) and this subsection:
''(1) Juvenile.--The term 'juvenile' means an individual
who is--
''(A) under 21 years of age; or
''(B) described in subsection (a)(10)(A)(i)(IX).
''(2) Eligible juvenile.--The term 'eligible juvenile'
means a juvenile who is an inmate of a public institution and
who--
''(A) was determined eligible for medical
assistance under the State plan immediately before
becoming an inmate of such a public institution; or
''(B) is determined eligible for such medical
assistance while an inmate of a public institution.
''(3) Inmate of a public institution.--The term 'inmate of
a public institution' has the meaning given such term for
purposes of applying the subdivision (A) following paragraph
(29) of section 1905(a), taking into account the exception in
such subdivision for a patient of a medical institution.''.
(b) No Change in Exclusion From Medical Assistance for Inmates of
Public Institutions.--Nothing in this section shall be construed as
changing the exclusion from medical assistance under the subdivision
(A) following paragraph (29) of section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a
State submitting claims for Federal financial participation under title
XIX of such Act for such assistance.
(c) No Change in Continuity of Eligibility Before Adjudication or
Sentencing.--Nothing in this section shall be construed to mandate,
encourage, or suggest that a State suspend or terminate coverage for
individuals before they have been adjudicated or sentenced.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility of
juveniles who become inmates of public institutions on or after
the date that is 1 year after the date of the enactment of this
Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan for medical assistance under title XIX of
the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
subsection (a), 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 these 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 begins after the date of the 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 such
session shall be deemed to be a separate regular session of the
State legislature.
Output:
At-Risk Youth Medicaid Protection Act of 2018 This bill prohibits a stateMedicaid programfrom terminating a juvenile's medical assistance eligibility because the juvenile is incarcerated.A state may suspend coverage while the juvenile is an inmate, but must reevaluate the juvenile's eligibility prior to the juvenile's release (without requiring a new application) and, if appropriate, restore coverage upon release. A state must also process an application submitted by, or on behalf of, an incarcerated juvenile in a manner that ensures the juvenile's eligibility is determined upon release. A "juvenile" is an individual who: (1) is under 21 years of age; or (2) has aged out of the state'sfoster care system, was enrolled inthe state plan while in foster care, and is under 26 years of age.