119-hr3399

[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.
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