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II
116TH CONGRESS
1ST SESSION
S. 2255
To amend title XIX of the Social Security Act to expand the requirement
for States to suspend, rather than terminate, an individual’s eligibility
for medical assistance under the State Medicaid plan while the individual
is an inmate of a public institution, to apply to inmates of any age.
IN THE SENATE OF THE UNITED STATES
JULY 24, 2019
Mr. MARKEY (for himself and Mr. BROWN) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To amend title XIX of the Social Security Act to expand
the requirement for States to suspend, rather than termi-
nate, an individual’s eligibility for medical assistance
under the State Medicaid plan while the individual is
an inmate of a public institution, to apply to inmates
of any age.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Supporting Positive
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Outcomes After Release Act’’.
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•S 2255 IS
SEC. 2. SUSPENSION OF MEDICAID BENEFITS FOR INMATES
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OF PUBLIC INSTITUTIONS.
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(a) IN GENERAL.—Section 1902 of the Social Secu-
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rity Act (42 U.S.C. 1396a) is amended—
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(1) in subsection (a)(84)—
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(A) in subparagraph (A), by striking ‘‘indi-
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vidual who is an eligible juvenile’’ and all that
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follows through ‘‘inmate;’’ and inserting ‘‘eligi-
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ble individual (as defined in subsection (nn)(1))
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because the individual is an inmate of a public
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institution (as defined in subsection (nn)(2)),
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but may suspend coverage during the period the
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individual is such an inmate;’’;
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(B) in subparagraph (B), by striking ‘‘in-
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dividual who is an eligible juvenile described in
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paragraph (2)(A)’’ and inserting ‘‘eligible indi-
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vidual who is described in paragraph (1)(A)’’;
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and
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(C) in subparagraph (C), by striking ‘‘indi-
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vidual who is an eligible juvenile described in
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paragraph (2)(B)’’ and inserting ‘‘eligible indi-
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vidual who is described in paragraph (1)(B)’’;
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and
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(2) by amending subsection (nn) to read as fol-
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lows:
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•S 2255 IS
‘‘(nn) ELIGIBLE
INDIVIDUAL; PUBLIC
INSTITU-
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TION.—For purposes of subsection (a)(84) and this sub-
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section:
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‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible
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individual’ means an individual who is an inmate of
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a public institution and who—
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‘‘(A) was determined eligible for medical
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assistance under the State plan immediately be-
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fore becoming an inmate of such a public insti-
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tution; or
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‘‘(B) is determined eligible for such med-
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ical assistance while an inmate of a public insti-
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tution.
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‘‘(2) INMATE OF A PUBLIC INSTITUTION.—The
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term ‘inmate of a public institution’ has the meaning
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given such term for purposes of applying the sub-
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division (A) following paragraph (30) of section
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1905(a), taking into account the exception in such
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subdivision for a patient of a medical institution.’’.
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(b) RETROACTIVE EFFECTIVE DATE.—The amend-
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ments made by subsection (a) shall take effect as if in-
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cluded in the enactment of section 1001 of the SUPPORT
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for Patients and Communities Act (Public Law 115–271).
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Æ
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