Stabilize Medicaid and CHIP Coverage Act

I 116TH CONGRESS 1ST SESSION H. R. 1879 To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment of individuals under the Medicaid pro- gram and Children’s Health Insurance Program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 26, 2019 Mr. KENNEDY (for himself and Mr. KATKO) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment of individ- uals under the Medicaid program and Children’s Health Insurance Program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stabilize Medicaid and 4 CHIP Coverage Act’’. 5 SEC. 2. 12-MONTH CONTINUOUS ENROLLMENT. 6 (a) REQUIREMENT OF 12-MONTH CONTINUOUS EN- 7 ROLLMENT UNDER MEDICAID.—Section 1902(e)(12) of 8 VerDate Sep 11 2014 00:47 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1879.IH H1879 kjohnson on DSK79L0C42 with BILLS 2 •HR 1879 IH the Social Security Act (42 U.S.C. 1396a(e)(12)) is 1 amended to read as follows: 2 ‘‘(12) 12-MONTH CONTINUOUS ENROLLMENT.— 3 Notwithstanding any other provision of this title, a 4 State plan approved under this title (or under any 5 waiver of such plan approved pursuant to section 6 1115 or section 1915), shall provide that an indi- 7 vidual who is determined to be eligible for benefits 8 under such plan (or waiver) shall remain eligible and 9 enrolled for such benefits through the end of the 10 month in which the 12-month period (beginning on 11 the date of determination of eligibility) ends.’’. 12 (b) REQUIREMENT OF 12-MONTH CONTINUOUS EN- 13 ROLLMENT UNDER CHIP.— 14 (1) IN GENERAL.—Section 2102(b) of the So- 15 cial Security Act (42 U.S.C. 1397bb(b)) is amended 16 by adding at the end the following new paragraph: 17 ‘‘(6) REQUIREMENT FOR 12-MONTH CONTIN- 18 UOUS ENROLLMENT.—Notwithstanding any other 19 provision of this title, a State child health plan that 20 provides child health assistance under this title 21 through a means other than described in section 22 2101(a)(2), shall provide that an individual who is 23 determined to be eligible for benefits under such 24 plan shall remain eligible and enrolled for such bene- 25 VerDate Sep 11 2014 00:47 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1879.IH H1879 kjohnson on DSK79L0C42 with BILLS 3 •HR 1879 IH fits through the end of the month in which the 12- 1 month period (beginning on the date of determina- 2 tion of eligibility) ends.’’. 3 (2) CONFORMING AMENDMENT.—Section 4 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 5 1397ee(a)(4)(A)) is amended— 6 (A) by striking ‘‘has elected the option of’’ 7 and inserting ‘‘is in compliance with the re- 8 quirement for’’; and 9 (B) by striking ‘‘applying such policy 10 under its State child health plan under this 11 title’’ and inserting ‘‘in compliance with section 12 2102(b)’’. 13 (c) EFFECTIVE DATE.— 14 (1) IN GENERAL.—Except as provided in para- 15 graph (2) or (3), the amendments made by sub- 16 sections (a) and (b) shall apply to determinations 17 (and redeterminations) of eligibility made on or after 18 the date that is 18 months after the date of the en- 19 actment of this Act. 20 (2) EXTENSION OF EFFECTIVE DATE FOR 21 STATE LAW AMENDMENT.—In the case of a State 22 plan under title XIX or State child health plan 23 under title XXI of the Social Security Act (42 24 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 25 VerDate Sep 11 2014 00:47 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1879.IH H1879 kjohnson on DSK79L0C42 with BILLS 4 •HR 1879 IH which the Secretary of Health and Human Services 1 determines requires State legislation (other than leg- 2 islation appropriating funds) in order for the respec- 3 tive plan to meet the additional requirement imposed 4 by the amendment made by subsection (a) or (b), re- 5 spectively, the respective plan shall not be regarded 6 as failing to comply with the requirements of such 7 title solely on the basis of its failure to meet such 8 applicable additional requirement before the first 9 day of the first calendar quarter beginning after the 10 close of the first regular session of the State legisla- 11 ture that begins after the date of enactment of this 12 Act. For purposes of the previous sentence, in the 13 case of a State that has a 2-year legislative session, 14 each year of the session is considered to be a sepa- 15 rate regular session of the State legislature. 16 (3) OPTION TO IMPLEMENT 12-MONTH CONTIN- 17 UOUS ELIGIBILITY PRIOR TO EFFECTIVE DATE.—A 18 State may elect through a State plan amendment 19 under title XIX or XXI of the Social Security Act 20 (42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.) 21 to apply the amendment made by subsection (a) or 22 (b), respectively, on any date prior to the 18-month 23 VerDate Sep 11 2014 00:47 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1879.IH H1879 kjohnson on DSK79L0C42 with BILLS 5 •HR 1879 IH date specified in paragraph (1), but not sooner than 1 the date of the enactment of this Act. 2 Æ VerDate Sep 11 2014 00:47 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1879.IH H1879 kjohnson on DSK79L0C42 with BILLS