Sec. 6. Requiring and making permanent 12-month continuous coverage for pregnant and postpartum individuals under Medicaid and CHIP
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Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— in subsection (a)— in paragraph (86), by striking and at the end; in paragraph (87), by striking the period at the end and inserting ; and ; and by inserting after paragraph
(87)the following new paragraph: provide that the State plan is in compliance with subsection (e)(16). ; and in subsection (e)(16), as added by section 9812 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )— in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide ; in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan) ; and by striking subparagraph (C). Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended to read as follows: Paragraphs
(5)and
(16)of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month postpartum period under title XIX) such that the provision of assistance under the State child health plan or waiver for targeted low-income children or targeted low-income pregnant individuals during pregnancy and the 12-month postpartum period shall be required and shall include coverage of all items or services provided to a targeted low-income child or targeted low-income pregnant individual (as applicable) under the State child health plan or waiver). . Section 2112(d)(2)(A) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2)(A) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1), . Section 9812(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended to read as follows: Subject to paragraph (2), the amendment made by subsection
(a)shall apply with respect to services furnished on or after the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. In the case of a State plan under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the 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 an additional requirement before the first day of the first fiscal year 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 shall be considered to be a separate regular session of the State legislature. . Section 9822(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended to read as follows: Subject to paragraph (2), the amendments made by subsection (a), shall apply with respect to services furnished on or after the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. In the case of a State child health plan under title XXI of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, 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 an additional requirement before the first day of the first fiscal year 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 shall be considered to be a separate regular session of the State legislature. . The amendments made by subsections
(a)and (c)(1) shall take effect as if included in the enactment of section 9812 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). The amendments made by subsections
(b)and (c)(2) shall take effect as if included in the enactment of section 9822 of such Act.
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Sec. 6
Requiring and making permanent 12-month continuous coverage for pregnant and postpartum individuals under Medicaid and CHIP
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