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Code · BILL · 116th Congress · S. 873 (Introduced in Senate) — To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment under Medicaid a... · Sec. 3

Sec. 3. 12-month continuous enrollment

913 words·~4 min read·/bill/116/s/873/is/section-3

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Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e) ), is amended to read as follows: Notwithstanding any other provision of this title, a State plan approved under this title or under any waiver of such plan approved pursuant to section 1115 or section 1915, shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends.
The Secretary shall— identify methods that promote the retention of individuals who are enrolled under the State plan or under a waiver of such plan and who remain eligible for medical assistance beyond the 12-month period described in subparagraph (A); and actively promote the adoption of such enrollment retention methods by States, which shall include, but not be limited to, issuing guidance and developing resources on State best practices. Not later than 1 year after the date of enactment of the Stabilize Medicaid and CHIP Coverage Act of 2019 , the Secretary shall publish the procedures that States are expected to use to provide annual enrollment and retention reports beginning not later than 2 years after the date of enactment of such Act.
At a minimum, the reporting procedures published under clause
(i)shall include a description of State eligibility criteria and enrollment procedures under this title and data regarding enrollment and retention using standardized reporting formats determined by the Secretary. The Secretary annually shall publish enrollment and retention performance results for all States not later than 6 months after the deadline for each annual State enrollment and retention reporting period. Each annual report published by the Secretary under subclause
(I)shall include estimates of Medicaid enrollment continuity ratios for each State in accordance with the requirements of subclause (III). The Secretary shall develop both overall enrollment continuity ratios for all enrollees and separate enrollment continuity ratios for each of the following categories: Children. Individuals whose eligibility category is related to having attained age 65. Individuals whose eligibility category is related to disability or blindness. Individuals whose eligibility category is related to their status as parents and caretaker relatives of children under 19 or who are otherwise not elderly, blind or disabled adults. . Section 2102(b) of the Social Security Act ( 42 U.S.C. 1397bb(b) ) is amended by adding at the end the following new paragraph: Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than that described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . Section 2105(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1397ee(a)(4)(A) ) is amended— by striking has elected the option of and inserting is in compliance with the requirement for ; and by striking applying such policy under its State child health plan under this title and inserting in compliance with section 2102(b) . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— by redesignating subparagraphs
(G)through
(S)as subparagraphs
(H)through (T), respectively; and by inserting after subparagraph (F), the following: Subparagraphs
(B)and
(C)of section 1902(e)(12) (relating to promotion of enrollment beyond 12 months and reporting requirements)(without regard to items (bb), (cc), and
(dd)of subparagraph (C)(iii)(III) of that section). . Except as provided in paragraph
(2)or (3), the amendments made by subsections
(a)and
(b)shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act ( 42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the respective plan to meet the additional requirements imposed by the amendments made by subsections
(a)or (b), respectively, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such applicable 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 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 the session is considered to be a separate regular session of the State legislature. A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) to apply the amendments made by subsection
(a)or (b), respectively, on any date prior to the 18-month date specified in paragraph (1), but not sooner than the date of the enactment of this Act.
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