[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3399 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3399
To amend title XIX of the Social Security Act to establish State plan
requirements for determining residency and coverage for military
families, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2025
Mrs. Kiggans of Virginia (for herself and Ms. Kaptur) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to establish State plan
requirements for determining residency and coverage for military
families, 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 ``Care for Military Kids Act of
2025''.
SEC. 2. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING RESIDENCY AND
COVERAGE FOR MILITARY FAMILIES.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87)(D), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87)(D), the
following new paragraph:
``(88) beginning January 1, 2028, provide, with respect to
an active duty relocated individual (as defined in subsection
(uu)(1))--
``(A) that, for purposes of determining eligibility
for medical assistance under the State plan (or waiver
of such plan), such active duty relocated individual is
treated as a resident of the State unless such
individual voluntarily elects not to be so treated for
such purposes;
``(B) that if, at the time of relocation (as
described in subsection (uu)(1)), such active duty
relocated individual is on a home and community-based
services waiting list (as defined in subsection
(uu)(2)), such individual remains on such list until--
``(i) the State completes an assessment and
renders a decision with respect to the
eligibility of such individual to receive the
relevant home and community-based services at
the time a slot for such services becomes
available and, in the case such decision is a
denial of such eligibility, such individual has
exhausted the individual's opportunity for a
fair hearing; or
``(ii) such individual elects to be removed
from such list; and
``(C) payment for medical assistance furnished
under the State plan (or a waiver of the plan) on
behalf of such active duty relocated individual in the
military service relocation State (as referred to in
subsection (uu)(1)(B)(i)), to the extent that such
assistance is available in such military service
relocation State in accordance with such guidance as
the Secretary may issue to ensure access to such
assistance.''; and
(2) by adding at the end the following new subsection:
``(uu) Active Duty Relocated Individual; Home and Community-Based
Services Waiting List.--For purposes of subsection (a)(88) and this
subsection:
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual--
``(A) who--
``(i) is enrolled under the State plan (or
waiver of such plan); or
``(ii) with respect to an individual
described in subparagraph (C)(ii), would be so
enrolled pursuant to subsection
(a)(10)(A)(ii)(VI) if such individual began
receiving home and community-based services;
``(B) who--
``(i) is a member of the Armed Forces
engaged in active duty service and is relocated
to another State (in this subsection referred
to as the `military service relocation State')
by reason of such service;
``(ii) would be described in clause (i)
except that the individual stopped being
engaged in active duty service (including by
reason of retirement from such service) and the
last day on which the individual was engaged in
active duty service occurred not more than 12
months ago; or
``(iii) is a dependent (as defined by the
Secretary) of a member described in clause (i)
or (ii) who relocates to the military service
relocation State with such member; and
``(C) who--
``(i) was receiving home and community-
based services (as defined in section
9817(a)(2)(B) of the American Rescue Plan Act
of 2021) at the time of such relocation; or
``(ii) if the State maintains a home and
community-based services waiting list, was on
such home and community-based services waiting
list at the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means, in
the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a), section 1915(c), or section 1915(j), a
list maintained by such State of individuals who are requesting
to receive such services under 1 or more such sections but for
whom the State has not yet completed an assessment and rendered
a decision with respect to the eligibility of such individuals
to receive the relevant home and community-based services at
the time a slot for such services becomes available due to such
limit.''.
(b) Implementation Funding.--There are appropriated, out of any
funds in the Treasury not otherwise obligated, $1,000,000 for each of
fiscal years 2026 through 2030, to remain available until expended, to
the Secretary of Health and Human Services for purposes of implementing
the amendments made by subsection (a).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on the date
of enactment of this Act.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved 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
plan to meet the additional requirements imposed by the
amendments made by this section, the State plan shall not be
regarded as failing to comply with the requirements of such
title XIX solely on the basis of the failure of the plan to
meet such additional requirements before the first day of the
first calendar quarter beginning after the close of the first
regular session of the State legislature that ends after the 1-
year period beginning with the date of the enactment of this
section. For purposes of the preceding sentence, in the case of
a State that has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State
legislature.
<all>