Sec. 462. At-risk youth Medicaid protection
622 words·~3 min read·
/bill/115/s/3660/is/section-462A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ), as amended by section 431(d)(2), is further amended— in subsection (a)— by striking and at the end of paragraph (83); by striking the period at the end of paragraph
(84)and inserting ; and ; and by inserting after paragraph
(84)the following new paragraph: provide that— the State shall not terminate eligibility for medical assistance under a 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; the State shall restore coverage for such medical assistance to such an individual upon the individual’s release from any such public institution, without requiring a new application from the individual, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate. ; and by adding at the end the following new subsection: For purposes of subsection (a)(84) and this subsection: The term juvenile means an individual who is— under 21 years of age; or is described in subsection (a)(10)(A)(i)(IX). The term eligible juvenile means a juvenile who is an inmate of a public institution and was eligible for medical assistance under the State plan immediately before becoming an inmate of such a public institution or who becomes eligible for such medical assistance while an 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
(30)of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution. . Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision
(A)following paragraph
(30)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. 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. Except as provided in paragraph (2), the amendments made by subsection
(a)shall apply to eligibility for medical assistance under a State plan under title XIX of the Social Security Act 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. 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.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources