What This Bill Does
This bill changes Medicaid (a federal and state health insurance program for low-income people) to require able-bodied adults to work or volunteer. Starting January 1, 2024, states would not have to provide Medicaid medical assistance to able-bodied adults who don't meet the work requirement for that month.
Who It Affects
State Medicaid agencies and programs. Adults enrolled in state Medicaid programs who are considered able-bodied.
Key Provisions
β’ States must not provide Medicaid medical assistance to able-bodied adults who don't meet the work requirement each month, beginning January 1, 2024. (Sec. 2(1)(C))
β’ An able-bodied adult meets the work requirement if they work at least 20 hours per week (calculated as a monthly average) OR volunteer at least 20 hours per week (calculated as a monthly average). (Sec. 2(2)(1)(A) and (B))
β’ "Able-bodied adult" does not include: people under 18 or over 65, people medically certified as physically or mentally unfit for work, pregnant people, primary parents or caretakers of children under 6, primary parents or caretakers of children with serious medical conditions or disabilities, people receiving unemployment compensation while following that program's work rules, or people participating in drug or alcohol treatment programs. (Sec. 2(2)(2))
What Changes
Medicaid state programs would be required to deny medical assistance to able-bodied adults who don't work or volunteer at least 20 hours weekly, unless they fall into a specific exemption category listed above.
Important Definitions
The bill defines "able-bodied adult" to mean individuals who do not fall into seven specific categories: age-related, disability-related, pregnancy-related, caregiving-related, unemployment compensation-related, or treatment program-related exemptions. (Sec. 2(2)(2))
Effective Date
January 1, 2024. (Sec. 2(1)(C))
II
118TH CONGRESS
1ST SESSION
S. 1063
To amend title XIX of the Social Security Act to implement a minimum
work requirement for able-bodied adults enrolled in State Medicaid programs.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. KENNEDY 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 implement
a minimum work requirement for able-bodied adults en-
rolled in State Medicaid programs.
Be it enacted by the Senate and House of Representa-
1
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 ββJobs and Opportunities
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for Medicaid Actββ.
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SEC. 2. WORK REQUIREMENTS FOR ABLE-BODIED ADULTS.
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Section 1902 of the Social Security Act (42 U.S.C.
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1396a) is amendedβ
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(1) in subsection (a)β
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β’S 1063 IS
(A) by striking ββandββ at the end of para-
1
graph (86);
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(B) by striking the period at the end of
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paragraph (87) and inserting ββ; andββ; and
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(C) by inserting after paragraph (87) the
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following new paragraph:
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ββ(88) beginning January 1, 2024, not provide
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medical assistance with respect to a month to an
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able-bodied adult (as defined in subsection (uu)(2))
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that has not met the work requirement described in
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subsection (uu)(1) for such month.ββ; and
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(2) by adding at the end the following new sub-
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section:
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ββ(uu) WORK
REQUIREMENT
FOR
ABLE-BODIED
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ADULTS.β
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ββ(1) WORK
REQUIREMENT
DESCRIBED.βFor
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purposes of subsection (a)(88), the work require-
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ment described in this subsection with respect to an
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able-bodied adult and a month is that such adult
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satisfies at least one of the following with respect to
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such month:
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ββ(A) The adult works 20 hours or more
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per week, based on a monthly average.
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ββ(B) The adult volunteers for 20 hours or
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more per week, based on a monthly average.
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β’S 1063 IS
ββ(2) ABLE-BODIED ADULT DEFINED.βIn this
1
subsection the term βable-bodied adultβ means any
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individual who is notβ
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ββ(A) under 18 years of age or over 65
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years of age;
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ββ(B) medically certified as physically or
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mentally unfit for employment;
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ββ(C) pregnant;
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ββ(D) the primary parent or caretaker of a
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dependent child under 6 years of age;
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ββ(E) the primary parent or caretaker of a
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dependent child with a serious medical condi-
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tion or disability, as determined by the State
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agency established or designated to administer
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or supervise the administration of the State
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plan;
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ββ(F) receiving unemployment compensa-
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tion under State or Federal law and, as applica-
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ble, complying with work requirements under
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such State or Federal law; or
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ββ(G) participating in a drug or alcohol
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treatment and rehabilitation program (as de-
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fined in section 3(h) of the Food and Nutrition
23
Act of 2008).ββ.
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Γ
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