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Code · BILL · 113th Congress · S. 1871 (Placed on Calendar Senate) — To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate formula and to improve... · Sec. 212

Sec. 212. Transitional Medical Assistance

900 words·~4 min read·/bill/113/s/1871/pcs/section-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act ( 42 U.S.C. 1396a(e)(1)(B) , 1396r–6(f)) are each amended by striking December 31, 2013 and inserting December 31, 2018 . Section 1925 of the Social Security Act ( 42 U.S.C. 1396r–6 ), as amended by subsection (a), is further amended— in subsection (a)— in paragraph (1)(A), by striking paragraph
(5)and inserting paragraphs
(5)and
(6); and by adding at the end the following: In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have this section and sections 408(a)(11)(A), 1902(a)(52), 1902(e)(1), and 1931(c)(2) not apply to the State. A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— has elected to provide medical assistance to individuals under subclause
(VIII)of section 1902(a)(10)(A)(i); has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. ; and in subsection (b)(1), by striking subsection (a)(5) and inserting paragraphs
(5)and
(6)of subsection
(a). Section 1902(e)(1) of the Social Security Act ( 42 U.S.C. 1396a(e)(1) ), as amended by subsection (a), is further amended— in subparagraph (B), by striking Subparagraph
(A)and inserting Subject to subparagraph (C), subparagraph
(A); and by adding at the end the following: If a State has made an election under section 1925(a)(6), subparagraph
(A)and section 1925 shall not apply to the State. . Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e)(12) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; by inserting
(A)after
(12); and by adding at the end the following: At the option of the State, the plan may provide that an individual who is determined to be eligible for benefits under a State plan approved under this title under any of the following eligibility categories, or who is redetermined to be eligible for such benefits under any of such categories, shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible for those benefits until the end of the 12–month period following the date of the determination or redetermination of eligibility: Section 1902(a)(10)(A)(i)(VIII). Section 1931. . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— by redesignating subparagraphs
(E)through
(O)as subparagraphs
(F)through (P), respectively; and by inserting after subparagraph (D), the following: Section 1902(e)(12)(A) (relating to the State option for 12-month continuous eligibility and enrollment). . Section 1931(c) of the Social Security Act ( 42 U.S.C. 1396u–1(c) ) is amended— in paragraph (1)— in the paragraph heading, by striking and inserting child ; spousal by striking The provisions and inserting Subject to paragraph (3), the provisions ; and by striking child or ; in paragraph (2), by striking For continued and inserting Subject to paragraph (3), for continued ; and by adding at the end the following: In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have paragraphs
(1)and
(2)of this subsection and sections 408(a)(11), 1902(a)(52), 1902(e)(1), and 1925 not apply to the State. A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— has elected to provide medical assistance to individuals under subclause
(VIII)of section 1902(a)(10)(A)(i); has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. . Section 408(a)(11) of the Social Security Act ( 42 U.S.C. 608(a)(11) is amended— in the paragraph heading, by striking and inserting child ; and spousal in subparagraph (B)— in the subparagraph heading, by striking and inserting Child ; and Spousal by striking child or . Section 1902(gg)(4) of the Social Security Act ( 42 U.S.C. 1396a(gg)(4) ) is amended by adding at the end the following: For purposes of determining compliance with the requirements of paragraph (2), a State which exercises the option under sections 1925(a)(6) and 1931(c)(3) to provide no transitional medical assistance or other extended eligibility (as applicable) shall not, as a result of exercising such option, be considered to have in effect eligibility standards, methodologies, or procedures described in clause
(ii)that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act. The eligibility standards, methodologies, or procedures described in this clause are those standards, methodologies, or procedures applicable to determining the eligibility for medical assistance of any child under 19 years of age (or such higher age as the State may have elected). . The amendments made by this section shall take effect on January 1, 2014.
Connectionstraces to 3
2 references not yet in our index
  • 42 USC 1396r–6
  • 42 USC 1396u–1(c)
Citation graph
cites case law
Sec. 212
Transitional Medical Assistance
Cite42 USC 1396r–6
Cite42 USC 1396u–1(c)
Cites 5Cited by 0 across 0 sources
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