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HR 1376 IH

To amend title XIX of the Social Security Act to establish independent foster care adolescents as a mandatory category (and not an optional category) of individuals for coverage under State Medicaid programs.

March 7, 2007

Mr. CARDOZA introduced the following bill; which was referred to the Committee on Energy and Commerce

To amend title XIX of the Social Security Act to establish independent foster care adolescents as a mandatory category (and not an optional category) of individuals for coverage under State Medicaid programs.

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 `Medicaid Foster Care Coverage Act of 2007'.

SEC. 2. INDEPENDENT FOSTER CARE ADOLESCENTS ESTABLISHED AS MANDATORY CATEGORY (AND NOT OPTIONAL CATEGORY) OF INDIVIDUALS FOR MEDICAID COVERAGE.

(a) Establishment as Mandatory Category- Clause (i) of section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended--

(1) in subclause (VI), by striking at the end `or';

(2) in subclause (VII), by adding at the end `or'; and

(3) by adding at the end the following new subclause:

`(VIII) who are independent foster care adolescents (as defined in section 1905(w)(1));'.

(b) Conforming Amendments-

(1) Clause (ii) of such section is amended by striking subclause (XVII) and redesignating subclauses (XVIII) and (XIX) as subclauses (XVII) and (XVIII), respectively.

(2) Section 1905(w) of the Social Security Act (42 U.S.C. 1396d(w)) is amended--

(A) in paragraph (1), by inserting `, subject to paragraph (3),' after `means'; and

(B) in paragraph (3), by striking `section 1902(a)(10)(A)(ii)(XVII)' and inserting `section 1902(a)(10)(A)(I)(VIII)'.

(3) Section 1902 of such Act (42 U.S.C. 1396a) is amended--

(A) in the matter following subparagraph (G) of subsection (a)(10), by striking `subparagraph (A)(10)(ii)(XVIII)' and inserting `subparagraph (A)(ii)(XVII)'; and

(B) in subsection (cc)(2)(A)(I), by striking `subsection (a)(10)(A)(ii)(XIX)' and inserting `subsection (a)(10)(A)(ii)(XVIII)'.

(4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended--

(A) by striking `1902(a)(10)(A)(ii)(XVII),' and inserting `1902(a)(10)(A)(I)(VIII),' after `1902(a)(10)(A)(I)(VII),';

(B) by striking `1902(a)(10)(A)(ii)(XVIII)' and inserting `1902(a)(10)(A)(ii)(XVII)'; and

(C) by striking `1902(a)(10)(A)(ii)(XIX)' and inserting `1902(a)(10)(A)(ii)(XVIII)'.

(5) Section 1905 of such Act (42 U.S.C. 1396d) is amended--

(A) in subsection (a)(2)(B), by striking `1902(a)(10)(A)(ii)(XIX)' and inserting `1902(a)(10)(A)(ii)(XVIII)'; and

(B) in subsection (b), by striking `1902(a)(10)(A)(ii)(XVIII)' and inserting `1902(a)(10)(A)(ii)(XVII)'.

(6) Section 1916(I) of such Act (42 U.S.C. 1396o(I)) is amended in paragraphs (1) and (3), by striking `1902(a)(10)(A)(ii)(XIX)' and inserting `1902(a)(10)(A)(ii)(XVIII)' each place it appears.

(7) Section 1916A(b)(3) of such Act (42 U.S.C. 1396o-1(b)(3)) is amended in subparagraphs (A)(v) and (B)(vii), by striking `1902(a)(10)(A)(ii)(XVIII)' and inserting `1902(a)(10)(A)(ii)(XVII)' each place it appears.

(8) Section 1937(a)(2)(B)(x) of such Act (42 U.S.C. 1396u-7(a)(2)(B)(x)) is amended by striking `1902(a)(10)(A)(ii)(XVIII)' and inserting `1902(a)(10)(A)(ii)(XVII)'.

(c) Effective Date-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall apply to calendar quarters beginning on or after October 1, 2007, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

(2) EXCEPTION IF STATE LEGISLATION REQUIRED- In the case of a State plan for medical assistance under title XIX of the Social Security Act 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 requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.