[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3917 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3917
To apply the Medicaid asset verification program to all applicants for,
and recipients of, medical assistance in all States and territories,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24, 2022
Mr. Inhofe (for himself, Mr. Braun, Mrs. Blackburn, Mr. Kennedy, Mr.
Paul, Mr. Scott of Florida, and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To apply the Medicaid asset verification program to all applicants for,
and recipients of, medical assistance in all States and territories,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Medicaid Beneficiaries
Act of 2022''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Recent estimates show that the Social Security program
loses over $4,000,000,000 per year to fraud.
(2) In fiscal year 2020, the Medicaid program lost
$86,490,000,000 in improper payments and the Medicare program
lost another almost $43,000,000,000.
(3) The fiscal year 2020 national Children's Health
Insurance Program (CHIP) improper payment rate estimate is 27
percent, representing $4,780,000,000 in improper payments.
(4) Millions of Americans experience homelessness, hunger,
or lack of healthcare coverage. Yet, our country annually
wastes more than $130,000,000,000 in the very programs that
were designed to correct these serious problems, demonstrating
that our system is failing those who need it the most.
SEC. 3. APPLICATION OF MEDICAID ASSET TEST TO ALL APPLICANTS FOR, AND
RECIPIENTS OF, MEDICAL ASSISTANCE IN ALL STATES AND
TERRITORIES.
(a) In General.--Section 1940 of the Social Security Act (42 U.S.C.
1396w) is amended--
(1) in subsection (a), by striking paragraph (4); and
(2) in subsection (b)(1)(A), by striking ``on the basis of
being aged, blind, or disabled''.
(b) Rules.--The Secretary of Health and Human Services shall
promulgate such rules as are necessary to implement the amendments made
by subsection (a).
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) shall take effect on the date that is 2
years after the date of enactment of this Act.
(2) Phase-in of implementation.--
(A) In general.--During the 2-year period that
begins on the date of enactment of this Act, the
Secretary of Health and Human Services shall require
States to submit and implement a plan for an electronic
asset verification program that meets the requirements
under section 1940 of the Social Security Act (as
amended by subsection (a)).
(B) Implementation before effective date.--Nothing
in this subsection or section 1940 of the Social
Security Act (42 U.S.C. 1396w) shall be construed as
prohibiting a State from implementing an asset
verification program that meets the requirements of
such section (as amended by subsection (a)) in advance
of the effective date specified under paragraph (1).
(C) Delay of effective date.--If a State requests a
delay of the effective date specified under paragraph
(1) on the basis of ongoing economic hardship
limitations, as determined by the chief executive
officer of the State, the Secretary of Health and Human
Services may delay such effective date for up to 365
days.
SEC. 4. MEDICAID RESOURCES ELIGIBILITY REQUIREMENT.
(a) In General.--Section 1902(e)(14)(C) of the Social Security Act
(42 U.S.C. 1396a(e)(14)(C)) is amended to read as follows--
``(C) Resources test requirement.--
``(i) In general.--Notwithstanding any
other provision of this title, in the case of
an individual with respect to whom a
determination of income eligibility for medical
assistance under the State plan or under any
waiver of such plan is required, the State
shall also apply a resources eligibility test
that meets the requirement of clause (ii).
``(ii) Requirement.--A State resources
eligibility test meets the requirement of this
clause if the test precludes eligibility for
any individual whose resources (as determined
under section 1613 for purposes of the
supplemental security income program) exceed
the maximum amount of resources that an
individual may have and obtain benefits under
that program, or such amount as the State shall
establish.''.
(b) No Effect on Continuous Eligibility for Pregnant Women.--
Section 1902(e)(6) of the Social Security Act (42 U.S.C. 1396a(e)(6))
is amended by inserting ``or resources'' after ``income'' each place it
appears.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) shall take effect on the date that is 2
years after the date of enactment of this Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) which the Secretary of Health and
Human Services determines requires State legislation (other
than legislation appropriating funds) in order for the State
plan to meet the additional requirement imposed by the
amendment made by subsection (a), the State plan shall not be
regarded as failing to comply with the requirements of such
title solely on the basis of its failure to meet this
additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the
effective date of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
SEC. 5. ALLOWING STATES TO RETAIN SAVINGS FROM ASSET VERIFICATION
PROGRAM AND RESOURCES ELIGIBILITY REQUIREMENTS.
(a) In General.--For each of the first 2 years following the date
that is 2 years after the date of enactment of this Act, the Secretary
of Health and Human Services shall pay to the State an amount equal to
the savings (as estimated by the Secretary) in Federal expenditures
that are attributable to the State meeting the requirements imposed by
the amendments made by sections 3 and 4.
(b) Use of Funds.--A State that receives a payment under subsection
(a) shall use the funds received under such payment to support
enrollment in, and the conduct of, programs for maternal and child
health under the State Medicaid program, or for such other purpose in
support of the State Medicaid program as the Secretary of Health and
Human Services shall approve.
SEC. 6. REQUIRING CMS TO TRACK STATE ASSET VERIFICATION PROGRAMS.
(a) Tracking Asset Verification Program Savings.--No later than 3
years after the date of enactment of this Act, the Secretary of Health
and Human Services, acting through the Centers for Medicare & Medicaid
Services, shall create a Federal tracking system of the savings in
Federal expenditures on the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) that are associated with
the asset verification program requirement added under section 3(a).
(b) Reports to Congress.--Beginning in the fifth year after the
date of enactment of this Act, the Administrator of the Centers for
Medicare & Medicaid Services shall issue biannual reports to Congress
detailing the performance of State Medicaid asset verification programs
during the applicable reporting period. Each such report shall
include--
(1) an overview of the savings, both pre- and post-
reporting period, attributed to such programs; and
(2) any material changes to the composition of the State
Medicaid populations as a result of such programs.
SEC. 7. GAO REPORT TO CONGRESS ON THE EFFICACY OF STRENGTHENING THE
FISCAL INTEGRITY OF THE MEDICAID PROGRAM.
No sooner than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Finance of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that assesses the efficacy of
State asset verification programs that meet the requirements of section
1940 of the Social Security Act (42 U.S.C. 1396w) (as amended by
section 3(a)). Such report shall include--
(1) an overview of Medicaid enrollment before and after the
implementation of the changes to the asset verification system
requirements under such section 1940;
(2) an overview of Medicaid spending before and after the
implementation of such changes;
(3) information on what is known about the number of
individuals who applied for Medicaid or who applied for
redetermination of Medicaid and were deemed ineligible due to
their financial circumstances (income and resources) after the
implementation of such changes; and
(4) any additional recommendations for further changes to
the Medicaid asset verification program requirements under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
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