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Title II — Ensuring coverage under Medicaid

S. 4509 · 116th Congress · Aug 6, 2020 · Lineage

II Ensuring coverage under Medicaid

Sec. 201 Increased FMAP for medical assistance to newly eligible individuals

(a)
In general— Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(1)
in subsection (y)(1)—
(A)
in subparagraph (A), by striking “2014, 2015, and 2016” and inserting “each of the first 3 consecutive 12-month periods in which the State provides medical assistance to newly eligible individuals”;
(B)
in subparagraph (B), by striking “2017” and inserting “the fourth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”;
(C)
in subparagraph (C), by striking “2018 ” and inserting “the fifth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”;
(D)
in subparagraph (D), by striking “2019” and inserting “the sixth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”; and
(E)
in subparagraph (E), by striking “2020 and each year thereafter” and inserting “the seventh consecutive 12-month period in which the State provides medical assistance to newly eligible individuals and each such period thereafter”; and
(2)
in subsection (z)(2)(B)(i)(II), by inserting “(as in effect on the day before the enactment of the Vaccine And Coverage Certainty Act)” after “subsection (y)(1)”.
(b)
Retroactive application— The amendments made by subsection (a)(1) shall take effect as if included in the enactment of Public Law 111–148 and shall apply to amounts expended by any State for medical assistance for newly eligible individuals described in subclause (VIII) of section 1902(a)(10)(A)(i) of the Social Security Act under a State Medicaid plan (or a waiver of such plan) during the period before the date of enactment of this Act.

Sec. 202 Medicaid coverage for citizens of Freely Associated States

(a)
In general— Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following new subparagraph:

“(G) Medicaid exception for citizens of Freely Associated States—With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), section 401(a) and paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts.”

(b)
Exception to 5-Year limited eligibility— Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended—
(1)
in paragraph (1), by striking “or” at the end;
(2)
in paragraph (2), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following new paragraph:

“(3) an individual described in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C).”

(c)
Definition of qualified alien— Section 431(b) of such Act (8 U.S.C. 1641(b)) is amended—
(1)
in paragraph (6), by striking “; or” at the end and inserting a comma;
(2)
in paragraph (7), by striking the period at the end and inserting “, or”; and
(3)
by adding at the end the following new paragraph:

“(8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program).”

(d)
Application to State plans— Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended by inserting after subclause (IX) the following:

“(X) who are described in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and eligible for benefits under this title by reason of application of such section;”

(e)
Conforming amendments— Section 1108 of the Social Security Act (42 U.S.C. 1308), as amended by section 104, is amended—
(1)
in subsection (f), in the matter preceding paragraph (1), by striking “subsections (g) and (h)” and inserting “subsections (g), (h), and (i)”; and
(2)
by adding at the end the following:

“(i) Exclusion of medical assistance expenditures for citizens of Freely Associated States—Expenditures for medical assistance provided to an individual described in section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g).”

(f)
Effective date— The amendments made by this section shall apply to benefits for items and services furnished on or after the date of the enactment of this Act.