Sec. 6103. Medicaid State plan requirement for determining residency and coverage for military families
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/bill/119/hr/7148/ih/section-6103·A 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 ) is amended— in subsection (a)— in paragraph (88), by striking and at the end; in paragraph (89), by striking the period at the end and inserting ; and ; and by inserting after paragraph (89), the following new paragraph: beginning January 1, 2030, provide, with respect to an active duty relocated individual (as defined in subsection (yy)(1))— that, for purposes of determining eligibility for medical assistance under the State plan (or waiver of such plan), such active duty relocated individual is treated as a resident of the State unless such individual voluntarily elects not to be so treated for such purposes; that if, at the time of relocation (as described in subsection (yy)(1)), such active duty relocated individual is on a home and community-based services waiting list (as defined in subsection (yy)(2)), such individual remains on such list until— the State completes an assessment and renders a decision with respect to the eligibility of such individual to receive the relevant home and community-based services at the time a slot for such services becomes available and, in the case such decision is a denial of such eligibility, such individual has exhausted the individual’s opportunity for a fair hearing; or such individual elects to be removed from such list; and payment for medical assistance furnished under the State plan (or a waiver of the plan) on behalf of such active duty relocated individual in the military service relocation State (as referred to in subsection (yy)(1)(B)(i)), to the extent that such assistance is available in such military service relocation State in accordance with such guidance as the Secretary may issue to ensure access to such assistance. ; and by adding at the end the following new subsection:
For purposes of subsection (a)(90) and this subsection: The term active duty relocated individual means an individual— who— is enrolled under the State plan (or waiver of such plan); or with respect to an individual described in subparagraph (C)(ii), would be so enrolled pursuant to subsection (a)(10)(A)(ii)(VI) if such individual began receiving home and community-based services; who— is a member of the Armed Forces engaged in active duty service and is relocated to another State (in this subsection referred to as the military service relocation State ) by reason of such service; would be described in clause
(i)except that the individual stopped being engaged in active duty service (including by reason of retirement from such service) and the last day on which the individual was engaged in active duty service occurred not more than 12 months ago; or is a dependent (as defined by the Secretary) of a member described in clause
(i)or
(ii)who relocates to the military service relocation State with such member; and who— was receiving home and community-based services (as defined in section 9817(a)(2)(B) of the American Rescue Plan Act of 2021) at the time of such relocation; or if the State maintains a home and community-based services waiting list, was on such home and community-based services waiting list at the time of such relocation. The term home and community-based services waiting list means, in the case of a State that has a limit on the number of individuals who may receive home and community-based services under section 1115(a) or section 1915(c), a list maintained by such State of individuals who are requesting to receive such services under 1 or more such sections but for whom the State has not yet completed an assessment and rendered a decision with respect to the eligibility of such individuals to receive the relevant home and community-based services at the time a slot for such services becomes available due to such limit. . There are appropriated, out of any funds in the Treasury not otherwise obligated, $1,000,000 for each of fiscal years 2026 through 2030, to remain available until expended, to the Secretary of Health and Human Services for purposes of implementing the amendments made by subsection (a).
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Sec. 6103
Medicaid State plan requirement for determining residency and coverage for military families
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