Sec. 757. Automatic reinstatement or enrollment in Medicaid for people who test positive for HIV before reentering communities
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Section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by adding at the end the following: The State plan shall provide for the automatic enrollment or reinstatement of enrollment of an eligible individual— if such individual is scheduled to be released from a public institution due to the completion of sentence, not less than 30 days prior to the scheduled date of the release; and if such individual is to be released from a public institution on parole or on probation, as soon as possible after the date on which the determination to release such individual was made, and before the date such individual is released.
If a State makes a determination that an individual is not eligible to be enrolled under the State plan— on or before the date by which the individual would be enrolled under clause (i), such clause shall not apply to such individual; or after such date, the State may terminate the enrollment of such individual. Subject to subparagraph (A)(ii), an eligible individual who is enrolled, or whose enrollment is reinstated, under subparagraph
(A)shall be eligible for all services for which medical assistance is provided under the State plan after the date that the eligible individual is released from the public institution. No provision of this paragraph may be construed to permit payment for care or services for which payment is excluded under subdivision
(A)following paragraph
(29)of section 1905(a). Any period of continuous eligibility under this title shall be suspended on the date an individual enrolled under this title becomes an inmate of a public institution (except as a patient of a medical institution). Notwithstanding any changes to State law related to continuous eligibility during the time that an individual is an inmate of a public institution (except as a patient of a medical institution), subject to clause (iii), with respect to an eligible individual who was subject to a suspension under clause (i), on the date that such individual is released from a public institution the suspension of continuous eligibility under such clause shall be lifted for a period that is equal to the time remaining in the period of continuous eligibility for such individual on the date that such period was suspended under such clause. If a State makes a determination that an individual is not eligible to be enrolled under the State plan— on or before the date that the suspension of continuous eligibility is lifted under clause (ii), such clause shall not apply to such individual; or after such date, the State may terminate the enrollment of such individual. For purposes of this paragraph, the term automatic enrollment or reinstatement of enrollment means that the State determines eligibility for medical assistance under the State plan without a program application from, or on behalf of, the eligible individual, but an individual can only be automatically enrolled in the State Medicaid plan if the individual affirmatively consents to being enrolled through affirmation in writing, by telephone, orally, through electronic signature, or through any other means specified by the Secretary. For purposes of this paragraph, the term eligible individual means an individual who is an inmate of a public institution (except as a patient in a medical institution)— who was enrolled under the State plan for medical assistance immediately before becoming an inmate of such an institution; or who is diagnosed with human immunodeficiency virus. . Subject to paragraphs (3), with respect to a State, for each of the first 4 calendar quarters in which the State plan meets the requirements of paragraph
(16)of section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) (as added by subsection (a)), the Federal matching payments (including payments based on the Federal medical assistance percentage) made to such State under section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) for the State expenditures described in paragraph
(2)shall be increased by 5 percentage points. The expenditures described in this paragraph are the following: Expenditures for which payment is available under section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) and which are attributable to strengthening the State’s enrollment and administrative resources for the purpose of improving processes for enrolling (or reinstating the enrollment of) eligible individuals (as such term is defined in subparagraph
(E)of paragraph
(16)of section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) (as amended by subsection (a)). Expenditures for medical assistance (as such term is defined in section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) )) provided to such eligible individuals. A State is not eligible for an increase in its Federal matching payments under paragraph
(1)unless the State agrees to submit to the Secretary of Health and Human Services, and make publicly available, a report that contains the information required under paragraph
(4)by the end of the 1-year period during which the State receives increased Federal matching payments in accordance with that paragraph. Subject to clause (ii), a State is not eligible for an increase in its Federal matching payments under paragraph
(1)if eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), or waiver of such a plan, are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan or waiver as in effect on the date of enactment of this Act. A State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), or a waiver of such plan, after the date of enactment of this Act, is no longer ineligible under clause
(i)beginning with the first calendar quarter in which the State has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on such date. In no case shall an increase in Federal matching payments under paragraph
(1)result in Federal matching payments that exceed 100 percent of State expenditures. The information that is required in the report under paragraph (3)(A) shall include— the results of an evaluation of the impact of the implementation of the requirements of paragraph
(16)of section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) on improving the State’s processes for enrolling individuals who are released from public institutions under the State Medicaid plan; the number of individuals who were automatically enrolled (or whose enrollment was reinstated) under such paragraph during the 1-year period during which the State received increased payments under this subsection; and any other information that is required by the Secretary of Health and Human Services. Except as provided in paragraph (2), the amendments made by subsection
(a)shall take effect 180 days 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 ( 42 U.S.C. 1396 et seq.) 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 requirement 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 this additional requirement 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.
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Sec. 757
Automatic reinstatement or enrollment in Medicaid for people who test positive for HIV before reentering communities
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