[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1082 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1082
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 14, 2025
Mr. Barrasso (for himself, Mr. Kennedy, Mr. Lankford, Mr. Wicker, Ms.
Lummis, Mrs. Blackburn, Mr. Marshall, Mr. Scott of Florida, and Mr.
Daines) 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 ``Safeguarding Medicaid Act''.
SEC. 2. 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 1
year after the date of enactment of this Act.
(2) Phase-in of implementation.--
(A) In general.--During the 1-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
integrated asset verification program that meets the
requirements of 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. 3. 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.--Except as provided in
clause (iii), 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.
``(iii) No effect on continuous eligibility
requirements for pregnant and postpartum women
or children.--Nothing in this subparagraph
shall affect the application of paragraph (6),
(12), or (16) of this subsection (relating to
continuous eligibility for pregnant and
postpartum women and children under the age of
19).''.
(b) Conforming Amendment.--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.--The amendments made by this section shall take
effect on the date that is 2 years after the date of enactment of this
Act.
SEC. 4. REQUIRING CMS TO TRACK STATE ASSET VERIFICATION OF FEDERAL
MEDICAID PROGRAMS.
(a) Tracking Asset Verification Program Savings.--Not later than 2
years after the date of the 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
2(a).
(b) Reports to Congress.--
(1) In general.--Beginning with the first year that begins
on or after the date of enactment of this Act, each State shall
submit to the Secretary, as part of the triennial review
required under the Payment Error Rate Measurement program of
the Centers for Medicare & Medicaid Services, a report, that
the Secretary shall make publicly available, on the activities
of the State relating to eligibility determinations and
renewals conducted during the year for which the report is
submitted, and which includes, with respect to such year, the
following information:
(A) The number of eligibility renewals initiated,
and asset checks conducted, beneficiaries renewed on a
total and ex parte basis.
(B) The number of asset checks conducted out of the
number of new applications initiated and the number of
applicants determined eligible after such checks.
(C) Such other information related to eligibility
determinations and renewals during such month, as
identified by the Secretary.
(2) Application to territories.--For purposes of applying
the reporting requirements of paragraph (1) to Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa, the Secretary shall promulgate regulations to
modify such requirements so that they are similar to the
reporting requirements that apply under such paragraph to the
50 States and the District of Columbia but are reasonable given
the circumstances of each such territory.
(c) Enforcement and Corrective Action.--
(1) In general.--The Secretary may assess a State's
compliance with all Federal requirements applicable to
eligibility determinations, redeterminations, and Medicaid
payment error rate measurement (PERM) reporting requirements,
and, if the Secretary determines that a State did not comply
with any such requirements during the 180-day period preceding
the assessment, the Secretary may require the State to submit
and implement a corrective action plan in accordance with
paragraph (2).
(2) Corrective action plan.--A State that receives a
written notice from the Secretary that the Secretary has
determined that the State is not in compliance with a
requirement described in paragraph (1) shall--
(A) not later than 90 days after receiving such
notice, submit a corrective action plan to the
Secretary;
(B) not later than 90 days after the date on which
such corrective action plan is submitted to the
Secretary, receive approval or disapproval for the plan
from the Secretary; and
(C) begin implementation of such corrective action
plan not later than 90 days after such approval.
<all>