Login or Sign Up To Comment
Related Topics

Section 2001

SEC. 2001. MEDICAID COVERAGE FOR THE LOWEST INCOME POPULATIONS.

[a] Coverage for Individuals With Income at or Below 133 Percent of the Poverty Line-

[1] BEGINNING 2014- Section 1902[a][10][A][i] of the Social Security Act [42 U.S.C. 1396a] is amended--

[A] by striking 'or' at the end of subclause [VI];

[B] by adding 'or' at the end of subclause [VII]; and

[C] by inserting after subclause [VII] the following:

'[VIII] beginning January 1, 2014, who are under 65 years of age, not pregnant, not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII, and are not described in a previous subclause of this clause, and whose income [as determined under subsection [e][14]] does not exceed 133 percent of the poverty line [as defined in section 2110[c][5]] applicable to a family of the size involved, subject to subsection [k];'.

[2] PROVISION OF AT LEAST MINIMUM ESSENTIAL COVERAGE-

[A] IN GENERAL- Section 1902 of such Act [42 U.S.C. 1396a] is amended by inserting after subsection [j] the following:

'[k][1] The medical assistance provided to an individual described in subclause [VIII] of subsection [a][10][A][i] shall consist of benchmark coverage described in section 1937[b][1] or benchmark equivalent coverage described in section 1937[b][2]. Such medical assistance shall be provided subject to the requirements of section 1937, without regard to whether a State otherwise has elected the option to provide medical assistance through coverage under that section, unless an individual described in subclause [VIII] of subsection [a][10][A][i] is also an individual for whom, under subparagraph [B] of section 1937[a][2], the State may not require enrollment in benchmark coverage described in subsection [b][1] of section 1937 or benchmark equivalent coverage described in subsection [b][2] of that section.'.

[B] CONFORMING AMENDMENT- Section 1903[i] of the Social Security Act, as amended by section 6402[c], is amended--

[i] in paragraph [24], by striking 'or' at the end;

[ii] in paragraph [25], by striking the period and inserting '; or'; and

[iii] by adding at the end the following:

'[26] with respect to any amounts expended for medical assistance for individuals described in subclause [VIII] of subsection [a][10][A][i] other than medical assistance provided through benchmark coverage described in section 1937[b][1] or benchmark equivalent coverage described in section 1937[b][2].'.

[3] FEDERAL FUNDING FOR COST OF COVERING NEWLY ELIGIBLE INDIVIDUALS- Section 1905 of the Social Security Act [42 U.S.C. 1396d], is amended--

[A] in subsection [b], in the first sentence, by inserting 'subsection [y] and' before 'section 1933[d]'; and

[B] by adding at the end the following new subsection:

'[y] Increased FMAP for Medical Assistance for Newly Eligible Mandatory Individuals-

'[1] AMOUNT OF INCREASE-

'[A] 100 PERCENT FMAP- During the period that begins on January 1, 2014, and ends on December 31, 2016, notwithstanding subsection [b], the Federal medical assistance percentage determined for a State that is one of the 50 States or the District of Columbia for each fiscal year occurring during that period with respect to amounts expended for medical assistance for newly eligible individuals described in subclause [VIII] of section 1902[a][10][A][i] shall be equal to 100 percent.

'[B] 2017 AND 2018-

'[i] IN GENERAL- During the period that begins on January 1, 2017, and ends on December 31, 2018, notwithstanding subsection [b] and subject to subparagraph [D], the Federal medical assistance percentage determined for a State that is one of the 50 States or the District of Columbia for each fiscal year occurring during that period with respect to amounts expended for medical assistance for newly eligible individuals described in subclause [VIII] of section 1902[a][10][A][i], shall be increased by the applicable percentage point increase specified in clause [ii] for the quarter and the State.

'[ii] APPLICABLE PERCENTAGE POINT INCREASE-

'[I] IN GENERAL- For purposes of clause [i], the applicable percentage point increase for a quarter is the following:

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 'For any fiscal year quarter occurring in the calendar year: If the State is an expansion State, the applicable percentage point increase is: If the State is not an expansion State, the applicable percentage point increase is: ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 30.3 34.3 2018 31.3 33.3 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

'[II] EXPANSION STATE DEFINED- For purposes of the table in subclause [I], a State is an expansion State if, on the date of the enactment of the Patient Protection and Affordable Care Act, the State offers health benefits coverage statewide to parents and nonpregnant, childless adults whose income is at least 100 percent of the poverty line, that is not dependent on access to employer coverage, employer contribution, or employment and is not limited to premium assistance, hospital-only benefits, a high deductible health plan, or alternative benefits under a demonstration program authorized under section 1938. A State that offers health benefits coverage to only parents or only nonpregnant childless adults described in the preceding sentence shall not be considered to be an expansion State.

'[C] 2019 AND SUCCEEDING YEARS- Beginning January 1, 2019, notwithstanding subsection [b] but subject to subparagraph [D], the Federal medical assistance percentage determined for a State that is one of the 50 States or the District of Columbia for each fiscal year quarter occurring during that period with respect to amounts expended for medical assistance for newly eligible individuals described in subclause [VIII] of section 1902[a][10][A][i], shall be increased by 32.3 percentage points.

'[D] LIMITATION- The Federal medical assistance percentage determined for a State under subparagraph [B] or [C] shall in no case be more than 95 percent.

'[2] DEFINITIONS- In this subsection:

'[A] NEWLY ELIGIBLE- The term 'newly eligible' means, with respect to an individual described in subclause [VIII] of section 1902[a][10][A][i], an individual who is not under 19 years of age [or such higher age as the State may have elected] and who, on the date of enactment of the Patient Protection and Affordable Care Act, is not eligible under the State plan or under a waiver of the plan for full benefits or for benchmark coverage described in subparagraph [A], [B], or [C] of section 1937[b][1] or benchmark equivalent coverage described in section 1937[b][2] that has an aggregate actuarial value that is at least actuarially equivalent to benchmark coverage described in subparagraph [A], [B], or [C] of section 1937[b][1], or is eligible but not enrolled [or is on a waiting list] for such benefits or coverage through a waiver under the plan that has a capped or limited enrollment that is full.

'[B] FULL BENEFITS- The term 'full benefits' means, with respect to an individual, medical assistance for all services covered under the State plan under this title that is not less in amount, duration, or scope, or is determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in section 1902[a][10][A][i].'.

[4] STATE OPTIONS TO OFFER COVERAGE EARLIER AND PRESUMPTIVE ELIGIBILITY; CHILDREN REQUIRED TO HAVE COVERAGE FOR PARENTS TO BE ELIGIBLE-

[A] IN GENERAL- Subsection [k] of section 1902 of the Social Security Act [as added by paragraph [2]], is amended by inserting after paragraph [1] the following:

'[2] Beginning with the first day of any fiscal year quarter that begins on or after January 1, 2011, and before January 1, 2014, a State may elect through a State plan amendment to provide medical assistance to individuals who would be described in subclause [VIII] of subsection [a][10][A][i] if that subclause were effective before January 1, 2014. A State may elect to phase-in the extension of eligibility for medical assistance to such individuals based on income, so long as the State does not extend such eligibility to individuals described in such subclause with higher income before making individuals described in such subclause with lower income eligible for medical assistance.

'[3] If an individual described in subclause [VIII] of subsection [a][10][A][i] is the parent of a child who is under 19 years of age [or such higher age as the State may have elected] who is eligible for medical assistance under the State plan or under a waiver of such plan [under that subclause or under a State plan amendment under paragraph [2], the individual may not be enrolled under the State plan unless the individual's child is enrolled under the State plan or under a waiver of the plan or is enrolled in other health insurance coverage. For purposes of the preceding sentence, the term 'parent' includes an individual treated as a caretaker relative for purposes of carrying out section 1931.'.

[B] PRESUMPTIVE ELIGIBILITY- Section 1920 of the Social Security Act [42 U.S.C. 1396r-1] is amended by adding at the end the following:

'[e] If the State has elected the option to provide a presumptive eligibility period under this section or section 1920A, the State may elect to provide a presumptive eligibility period [as defined in subsection [b][1]] for individuals who are eligible for medical assistance under clause [i][VIII] of subsection [a][10][A] or section 1931 in the same manner as the State provides for such a period under this section or section 1920A, subject to such guidance as the Secretary shall establish.'.

[5] CONFORMING AMENDMENTS-

[A] Section 1902[a][10] of such Act [42 U.S.C. 1396a[a][10]] is amended in the matter following subparagraph [G], by striking 'and [XIV]' and inserting '[XIV]' and by inserting 'and [XV] the medical assistance made available to an individual described in subparagraph [A][i][VIII] shall be limited to medical assistance described in subsection [k][1]' before the semicolon.

[B] Section 1902[l][2][C] of such Act [42 U.S.C. 1396a[l][2][C]] is amended by striking '100' and inserting '133'.

[C] Section 1905[a] of such Act [42 U.S.C. 1396d[a]] is amended in the matter preceding paragraph [1]--

[i] by striking 'or' at the end of clause [xii];

[ii] by inserting 'or' at the end of clause [xiii]; and

[iii] by inserting after clause [xiii] the following:

'[xiv] individuals described in section 1902[a][10][A][i][VIII],'.

[D] Section 1903[f][4] of such Act [42 U.S.C. 1396b[f][4]] is amended by inserting '1902[a][10][A][i][VIII],' after '1902[a][10][A][i][VII],'.

[E] Section 1937[a][1][B] of such Act [42 U.S.C. 1396u-7[a][1][B]] is amended by inserting 'subclause [VIII] of section 1902[a][10][A][i] or under' after 'eligible under'.

[b] Maintenance of Medicaid Income Eligibility- Section 1902 of the Social Security Act [42 U.S.C. 1396a] is amended--

[1] in subsection [a]--

[A] by striking 'and' at the end of paragraph [72];

[B] by striking the period at the end of paragraph [73] and inserting '; and'; and

[C] by inserting after paragraph [73] the following new paragraph:

'[74] provide for maintenance of effort under the State plan or under any waiver of the plan in accordance with subsection [gg].'; and

[2] by adding at the end the following new subsection:

'[gg] Maintenance of Effort-

'[1] GENERAL REQUIREMENT TO MAINTAIN ELIGIBILITY STANDARDS UNTIL STATE EXCHANGE IS FULLY OPERATIONAL- Subject to the succeeding paragraphs of this subsection, during the period that begins on the date of enactment of the Patient Protection and Affordable Care Act and ends on the date on which the Secretary determines that an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act is fully operational, as a condition for receiving any Federal payments under section 1903[a] for calendar quarters occurring during such period, a State shall not have in effect eligibility standards, methodologies, or procedures under the State plan under this title or under any waiver of such plan that is in effect during that period, that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under the plan or waiver that are in effect on the date of enactment of the Patient Protection and Affordable Care Act.

'[2] CONTINUATION OF ELIGIBILITY STANDARDS FOR CHILDREN UNTIL OCTOBER 1, 2019- The requirement under paragraph [1] shall continue to apply to a State through September 30, 2019, with respect to the eligibility standards, methodologies, and procedures under the State plan under this title or under any waiver of such plan that are applicable to determining the eligibility for medical assistance of any child who is under 19 years of age [or such higher age as the State may have elected].

'[3] NONAPPLICATION- During the period that begins on January 1, 2011, and ends on December 31, 2013, the requirement under paragraph [1] shall not apply to a State with respect to nonpregnant, nondisabled adults who are eligible for medical assistance under the State plan or under a waiver of the plan at the option of the State and whose income exceeds 133 percent of the poverty line [as defined in section 2110[c][5]] applicable to a family of the size involved if, on or after December 31, 2010, the State certifies to the Secretary that, with respect to the State fiscal year during which the certification is made, the State has a budget deficit, or with respect to the succeeding State fiscal year, the State is projected to have a budget deficit. Upon submission of such a certification to the Secretary, the requirement under paragraph [1] shall not apply to the State with respect to any remaining portion of the period described in the preceding sentence.

'[4] DETERMINATION OF COMPLIANCE-

'[A] STATES SHALL APPLY MODIFIED GROSS INCOME- A State's determination of income in accordance with subsection [e][14] shall not be considered to be eligibility standards, methodologies, or procedures that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act for purposes of determining compliance with the requirements of paragraph [1], [2], or [3].

'[B] STATES MAY EXPAND ELIGIBILITY OR MOVE WAIVERED POPULATIONS INTO COVERAGE UNDER THE STATE PLAN- With respect to any period applicable under paragraph [1], [2], or [3], a State that applies eligibility standards, methodologies, or procedures under the State plan under this title or under any waiver of the plan that are less restrictive than the eligibility standards, methodologies, or procedures, applied under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act, or that makes individuals who, on such date of enactment, are eligible for medical assistance under a waiver of the State plan, after such date of enactment eligible for medical assistance through a State plan amendment with an income eligibility level that is not less than the income eligibility level that applied under the waiver, or as a result of the application of subclause [VIII] of section 1902[a][10][A][i], shall not be considered to have in effect eligibility standards, methodologies, or procedures that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act for purposes of determining compliance with the requirements of paragraph [1], [2], or [3].'.

[c] Medicaid Benchmark Benefits Must Consist of at Least Minimum Essential Coverage- Section 1937[b] of such Act [42 U.S.C. 1396u-7[b]] is amended--

[1] in paragraph [1], in the matter preceding subparagraph [A], by inserting 'subject to paragraphs [5] and [6],' before 'each';

[2] in paragraph [2]--

[A] in the matter preceding subparagraph [A], by inserting 'subject to paragraphs [5] and [6]' after 'subsection [a][1],';

[B] in subparagraph [A]--

[i] by redesignating clauses [iv] and [v] as clauses [vi] and [vii], respectively; and

[ii] by inserting after clause [iii], the following:

'[iv] Coverage of prescription drugs.

'[v] Mental health services.'; and

[C] in subparagraph [C]--

[i] by striking clauses [i] and [ii]; and

[ii] by redesignating clauses [iii] and [iv] as clauses [i] and [ii], respectively; and

[3] by adding at the end the following new paragraphs:

'[5] MINIMUM STANDARDS- Effective January 1, 2014, any benchmark benefit package under paragraph [1] or benchmark equivalent coverage under paragraph [2] must provide at least essential health benefits as described in section 1302[b] of the Patient Protection and Affordable Care Act.

'[6] MENTAL HEALTH SERVICES PARITY-

'[A] IN GENERAL- In the case of any benchmark benefit package under paragraph [1] or benchmark equivalent coverage under paragraph [2] that is offered by an entity that is not a medicaid managed care organization and that provides both medical and surgical benefits and mental health or substance use disorder benefits, the entity shall ensure that the financial requirements and treatment limitations applicable to such mental health or substance use disorder benefits comply with the requirements of section 2705[a] of the Public Health Service Act in the same manner as such requirements apply to a group health plan.

'[B] DEEMED COMPLIANCE- Coverage provided with respect to an individual described in section 1905[a][4][B] and covered under the State plan under section 1902[a][10][A] of the services described in section 1905[a][4][B] [relating to early and periodic screening, diagnostic, and treatment services defined in section 1905[r]] and provided in accordance with section 1902[a][43], shall be deemed to satisfy the requirements of subparagraph [A].'.

[d] Annual Reports on Medicaid Enrollment-

[1] STATE REPORTS- Section 1902[a] of the Social Security Act [42 U.S.C. 1396a[a]], as amended by subsection [b], is amended--

[A] by striking 'and' at the end of paragraph [73];

[B] by striking the period at the end of paragraph [74] and inserting '; and'; and

[C] by inserting after paragraph [74] the following new paragraph:

'[75] provide that, beginning January 2015, and annually thereafter, the State shall submit a report to the Secretary that contains--

'[A] the total number of enrolled and newly enrolled individuals in the State plan or under a waiver of the plan for the fiscal year ending on September 30 of the preceding calendar year, disaggregated by population, including children, parents, nonpregnant childless adults, disabled individuals, elderly individuals, and such other categories or sub-categories of individuals eligible for medical assistance under the State plan or under a waiver of the plan as the Secretary may require;

'[B] a description, which may be specified by population, of the outreach and enrollment processes used by the State during such fiscal year; and

'[C] any other data reporting determined necessary by the Secretary to monitor enrollment and retention of individuals eligible for medical assistance under the State plan or under a waiver of the plan.'.

[2] REPORTS TO CONGRESS- Beginning April 2015, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the appropriate committees of Congress on the total enrollment and new enrollment in Medicaid for the fiscal year ending on September 30 of the preceding calendar year on a national and State-by-State basis, and shall include in each such report such recommendations for administrative or legislative changes to improve enrollment in the Medicaid program as the Secretary determines appropriate.

[e] State Option for Coverage for Individuals With Income That Exceeds 133 Percent of the Poverty Line-

[1] COVERAGE AS OPTIONAL CATEGORICALLY NEEDY GROUP- Section 1902 of the Social Security Act [42 U.S.C. 1396a] is amended--

[A] in subsection [a][10][A][ii]--

[i] in subclause [XVIII], by striking 'or' at the end;

[ii] in subclause [XIX], by adding 'or' at the end; and

[iii] by adding at the end the following new subclause:

'[XX] beginning January 1, 2014, who are under 65 years of age and are not described in or enrolled under a previous subclause of this clause, and whose income [as determined under subsection [e][14]] exceeds 133 percent of the poverty line [as defined in section 2110[c][5]] applicable to a family of the size involved but does not exceed the highest income eligibility level established under the State plan or under a waiver of the plan, subject to subsection [hh];' and

[B] by adding at the end the following new subsection:

'[hh][1] A State may elect to phase-in the extension of eligibility for medical assistance to individuals described in subclause [XX] of subsection [a][10][A][ii] based on the categorical group [including nonpregnant childless adults] or income, so long as the State does not extend such eligibility to individuals described in such subclause with higher income before making individuals described in such subclause with lower income eligible for medical assistance.

'[2] If an individual described in subclause [XX] of subsection [a][10][A][ii] is the parent of a child who is under 19 years of age [or such higher age as the State may have elected] who is eligible for medical assistance under the State plan or under a waiver of such plan, the individual may not be enrolled under the State plan unless the individual's child is enrolled under the State plan or under a waiver of the plan or is enrolled in other health insurance coverage. For purposes of the preceding sentence, the term 'parent' includes an individual treated as a caretaker relative for purposes of carrying out section 1931.'.

[2] CONFORMING AMENDMENTS-

[A] Section 1905[a] of such Act [42 U.S.C. 1396d[a]], as amended by subsection [a][5][C], is amended in the matter preceding paragraph [1]--

[i] by striking 'or' at the end of clause [xiii];

[ii] by inserting 'or' at the end of clause [xiv]; and

[iii] by inserting after clause [xiv] the following:

'[xv] individuals described in section 1902[a][10][A][ii][XX],'.

[B] Section 1903[f][4] of such Act [42 U.S.C. 1396b[f][4]] is amended by inserting '1902[a][10][A][ii][XX],' after '1902[a][10][A][ii][XIX],'.

[C] Section 1920[e] of such Act [42 U.S.C. 1396r-1[e]], as added by subsection [a][4][B], is amended by inserting 'or clause [ii][XX]' after 'clause [i][VIII]'.