[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2816 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2816
To amend title XIX of the Social Security Act to make all children
eligible for Medicaid from birth until age 19, to require States to
automatically enroll children under age 19 in the State Medicaid
program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2023
Mr. Casey 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 make all children
eligible for Medicaid from birth until age 19, to require States to
automatically enroll children under age 19 in the State Medicaid
program, 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 ``Medicaid for Every Child Act''.
SEC. 2. MEDICAID FOR EVERY CHILD FROM BIRTH TO AGE 19.
(a) In General.--Section 1902(a)(10)(A)(i) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
(1) by striking ``or'' at the end of subclause (VIII);
(2) in subclause (IX)(dd), by inserting ``or'' at the end;
and
(3) by adding at the end the following new subclause:
``(X) beginning on the date that is
2 years after the date of enactment of
this subclause, who are individuals who
have not attained 19 years of age;''.
(b) Automatic Enrollment.--
(1) In general.--Section 1902(e) of the Social Security Act
is amended by striking paragraph (4) and inserting the
following:
``(4) Automatic enrollment of children.--
``(A) In general.--Any child born in a State on or
after the date that is 2 years after the date of
enactment of the Medicaid for Every Child Act shall be
considered to have applied for medical assistance under
the State plan and shall be automatically enrolled for
such assistance on the date of their birth.
``(B) Notification requirement.--The State shall
inform the parent, guardian, or custodial relative of a
child who is automatically enrolled in the State plan
under subparagraph (A) of the services that will be
covered, appropriate methods for using such services,
medical support obligations (under section 1912(a))
created by enrollment (if applicable), the actions the
parent, guardian, or relative must take (if any) to
maintain enrollment, and the actions the parent,
guardian or relative may take to disenroll the child.
``(C) Opt-out if other coverage is available.--The
State shall establish a process to allow the parent,
guardian, or custodial relative of a child who is
automatically enrolled in the State plan under
subparagraph (A) to disenroll the child from the State
plan through affirmation in writing if the child is
enrolled in other health benefits coverage that--
``(i) at a minimum, provides the essential
health benefits defined by the Secretary under
section 1302(b) of the Patient Protection and
Affordable Care Act; and
``(ii) meets such other requirements as the
Secretary determines appropriate.''.
(2) Effective date.--The amendment made by this section
shall take effect on the date that is 2 years after the date of
enactment of this Act.
(c) Continuous Eligibility.--
(1) In general.--Section 1902(e)(12) of the Social Security
Act (42 U.S.C. 1396a(e)(12)), as amended by section 5112(a) of
division FF of Public Law 117-328, is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B).
(2) Effective date.--The amendments made by this section
shall take effect on the date that is 2 years after the date of
enactment of this Act.
(d) Exclusion From Definition of Minimum Essential Coverage.--
Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(D) Treatment of certain coverage under the
medicaid program.--For purposes of subparagraph (B), an
individual shall not be treated as eligible for minimum
essential coverage if--
``(i) such coverage consists of eligibility
for medical assistance under a State Medicaid
program under section 1902(a)(10)(A)(i)(X) of
the Social Security Act; and
``(ii) the individual is not enrolled in
such a program for such medical assistance.''.
(e) Coverage of Children Without Regard to Immigration Status.--
(1) In general.--Section 1903(v) of the Social Security Act
(42 U.S.C. 1396b(v)) is amended--
(A) in paragraph (1), by striking ``and (4)'' and
inserting ``, (4), and (5)'';
(B) in paragraph (4)(A)(ii)--
(i) in the clause header, by inserting
``aged 19 to 20'' after ``Children''; and
(ii) by inserting ``who have attained 19
years of age but are'' before ``under 21 years
of age''; and
(C) by adding at the end the following paragraph:
``(5)(A) Notwithstanding any other provision of law, on and after
the date that is 2 years after the date of enactment of this paragraph,
a State shall provide medical assistance under this title to any
individual residing or present in the United States who is eligible for
medical assistance under section 1902(a)(10)(A)(i)(X), without regard
to whether the individual is lawfully residing or lawfully present in
the United States.
``(B) No debt shall accrue under an affidavit of support against
any sponsor of an individual provided medical assistance in accordance
with subparagraph (A) and the cost of such assistance shall not be
considered as an unreimbursed cost.''.
(2) Conforming amendments.--
(A) Section 1137(f) of the Social Security Act (42
U.S.C. 1320b-7(f)) is amended by inserting ``or to
individuals who are eligible for medical assistance
under section 1902(a)(10)(A)(i)(X) and are provided
such assistance in accordance with section 1903(v)(5)''
before the period.
(B) Section 2107(e)(1)(O) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)(O)) is amended by inserting
``who have attained age 19 or 20'' after ``immigrant
children''.
(C) 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:
``(H) Medicaid exception for children.--With
respect to eligibility for benefits for the program
defined in paragraph (3)(C) (relating to the Medicaid
program), section 401(a) and paragraph (1) shall not
apply to any individual who has not attained 19 years
of age.''.
(D) Section 403(d) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613(d)) is amended--
(i) by striking ``or'' at the end of
paragraph (1);
(ii) by striking the period at the end of
paragraph (2) and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) an individual described in section 402(a)(2)(H), but
only with respect to the program specified in subsection
(b)(3)(C) of section 402.''.
(E) Section 431(b) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(b)) is amended--
(i) by striking ``or'' at the end of
paragraph (7);
(ii) by striking the period at the end of
paragraph (8) and inserting ``, or''; and
(iii) by adding at the end the following:
``(9) an individual who has not attained 19 years of age,
but only with respect to the designated Federal program defined
in section 402(b)(3)(C) (relating to the Medicaid program).''.
(f) 100 Percent Federal Matching Payments for Medical Assistance
for Children.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(B) by adding at the end the following new
subsection:
``(jj) Enhanced FMAP for Certain Children.--Notwithstanding
subsection (b), beginning on the date that is 2 years after the date of
enactment of this subsection, the Federal medical assistance percentage
shall be 100 percent with respect to amounts expended by a State for
medical assistance for individuals--
``(1) who are eligible for medical assistance under section
1902(a)(10)(A)(i)(X); and
``(2) who would not have been eligible for medical
assistance for full benefits (as defined in subsection
(y)(2)(B)) under the State plan under this title or a waiver of
such plan as such plan or waiver was in effect on January 1,
2023.''.
(2) Conforming amendment.--Section 9817(a)(1) of the
American Rescue Plan Act of 2021 (Public Law 117-2) is amended
by striking ``or (ii) of section 1905'' and inserting ``(ii),
or (jj) of section 1905''.
(g) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect on the date of enactment of this
Act.
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