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S. 5321IntroducedSenate · nowHousePresidentLawIn committee
Sec. 103 · S. 5321

Medicaid eligibility modifications

Title I — Requiring and Expanding Access to HCBS Coverage Under Medicaid

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Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— (1) in subsection (a)— (A) in paragraph (10)— (i) in subparagraph (A)(i)— (I) in subclause (VIII), by striking; or and inserting a semicolon; (II) in subclause (IX)(dd), by striking the semicolon at the end and inserting; or; and (III) by inserting after subclause (IX) the following new subclause: (X) beginning with the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this subclause (or such earlier date as the State may elect), who are eligible individuals described in section 1905(ll)(3)(A) and are not described in a previous subclause of this clause and whose income does not exceed the greater of— (aa) 150 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; or (bb) 300 percent of the supplemental security income benefit rate established by section 1611(b)(1);; and (ii) in subparagraph (A)(ii)— (I) in subclause (XXII), by striking; or and inserting a semicolon; (II) in subclause (XXIII), by striking the semicolon at the end and inserting; or; and (III) by inserting after subclause (XXIII) the following new subclause: (XXIV) who are eligible individuals who would be described in clause (i)(X) but for the fact that their income exceeds the income levels established under such clause but is less than such income level as the State may establish for purposes of this subclause;; and (B) by amending paragraph (34) to read as follows: (34) provides that in the case of an individual eligible for home and community-based services (as described in section 1905(ll)(3)(A)), such services will be made available and furnished in or after the third month before the month in which such individual made application (or application was made on behalf of such individual in the case of a deceased individual) for such services if such individual was (or upon application would have been) eligible for such services at the time such services were furnished and, that if services are provided through a service plan or any similar document, including services provided under the authority of any provision of section 1115 or 1915, such services shall be available pursuant to this subsection without regard to whether the service plan or similar document was developed before or after the services were provided;; and (2) in subsection (xx)(9)(A)(ii)— (A) in subclause (VIII), by striking or at the end; (B) in subclause (IX), by striking the period and inserting; or; and (C) by adding at the end the following new subclause: (X) who is described in subclause (X) of subsection (a)(10)(A)(i) or subclause (XXIV) of subsection (a)(10)(A)(ii)..

Sec. 103: Medicaid eligibility modifications · Public Law Tracker