Sec. 44104. Modifying certain State requirements for ensuring deceased individuals do not remain enrolled
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/bill/119/hr/1/eh/section-44104A 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 44103, is further amended— in subsection (a)— in paragraph (87), by striking ; and and inserting a semicolon; in paragraph (88), by striking the period at the end and inserting ; and ; and by inserting after paragraph
(88)the following new paragraph: provide that the State shall comply with the eligibility verification requirements under subsection (ww), except that this paragraph shall apply only in the case of the 50 States and the District of Columbia. ; and by adding at the end the following new subsection: For purposes of subsection (a)(89), the eligibility verification requirements, beginning January 1, 2028, are as follows: The State shall, not less frequently than quarterly, review the Death Master File (as such term is defined in section 203(d) of the Bipartisan Budget Act of 2013) to determine whether any individuals enrolled for medical assistance under the State plan (or waiver of such plan) are deceased. If the State determines, based on information obtained from the Death Master File, that an individual enrolled for medical assistance under the State plan (or waiver of such plan) is deceased, the State shall— treat such information as factual information confirming the death of a beneficiary for purposes of section 431.213(a) of title 42, Code of Federal Regulations; disenroll such individual from the State plan (or waiver of such plan); and discontinue any payments for medical assistance under this title made on behalf of such individual (other than payments for any items or services furnished to such individual prior to the death of such individual). If a State determines that an individual was misidentified as deceased based on information obtained from the Death Master File and was erroneously disenrolled from medical assistance under the State plan (or waiver of such plan) based on such misidentification, the State shall immediately re-enroll such individual under the State plan (or waiver of such plan), retroactive to the date of such disenrollment. Nothing under this subsection shall be construed to preclude the ability of a State to use other electronic data sources to timely identify potentially deceased beneficiaries, so long as the State is also in compliance with the requirements of this subsection (and all other requirements under this title relating to Medicaid eligibility determination and redetermination). .
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Sec. 44104
Modifying certain State requirements for ensuring deceased individuals do not remain enrolled
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