Overview

Title

To amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces.

ELI5 AI

H. R. 8108 is a rule saying that if people in the military move to a different state, they and their families can still get special health care help from their first state. This starts in 2028.

Summary AI

H. R. 8108 proposes an amendment to the Social Security Act, specifically focusing on Medicaid. The bill requires states to continue recognizing members of the Armed Forces and their dependents as residents for Medicaid purposes, even if they are temporarily relocated to another state due to active duty. This applies as long as they remain legal residents of their original state and were receiving certain home and community-based services under the American Rescue Plan Act of 2021 before relocation. This change is set to take effect on January 1, 2028.

Published

2024-04-23
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-04-23
Package ID: BILLS-118hr8108ih

Bill Statistics

Size

Sections:
1
Words:
374
Pages:
2
Sentences:
7

Language

Nouns: 112
Verbs: 26
Adjectives: 20
Adverbs: 1
Numbers: 19
Entities: 31

Complexity

Average Token Length:
4.08
Average Sentence Length:
53.43
Token Entropy:
4.56
Readability (ARI):
27.99

AnalysisAI

General Summary of the Bill

H.R. 8108 is a legislative proposal aimed at amending the Social Security Act to address the Medicaid residency requirements for certain members of the Armed Forces and their dependents. Specifically, the bill seeks to ensure that military personnel who are temporarily relocated to a different state due to active duty service can maintain their original state's Medicaid coverage. This provision applies to those who, at the time of relocation, were receiving specific home and community-based services under the American Rescue Plan Act of 2021. The proposed changes are set to take effect starting January 1, 2028.

Summary of Significant Issues

The bill presents several noteworthy issues:

  1. Definition Ambiguity: There is potential ambiguity in what constitutes a "temporary relocation," which might lead to inconsistencies in how different states apply the law. This lack of clarity can result in varied eligibility determinations for military families.

  2. Delayed Implementation: The effective date is set for January 1, 2028, which may be perceived as too distant, delaying much-needed benefits for military families who relocate frequently due to service requirements.

  3. Unfunded Mandate Concerns: The bill could create an unfunded mandate by requiring states to adjust Medicaid residency rules without providing additional federal funding to cover the potential increase in administrative costs.

  4. Coverage Limitations: The bill limits its scope to individuals receiving certain services under the American Rescue Plan Act, potentially excluding similarly situated individuals not covered by these specific services.

  5. Complex Legal Language: The amendment's legal language might be difficult to comprehend for those unfamiliar with legal terminology, making it less accessible to the general public.

Impact on the Public

The bill aims to address a significant issue faced by military families who frequently relocate due to service commitments. By allowing these families to retain their Medicaid coverage from their home state, the bill could provide stability and continuous access to necessary medical services. This continuity is crucial for families relying on specialized care that may not be readily available or have equivalent programs in every state.

Impact on Specific Stakeholders

Military Families: Positively, the bill would offer critical support to military families by ensuring uninterrupted access to healthcare services for those who are often on the move due to deployments or reassignments.

State Governments: There may be challenges for state governments as they adjust to the new residency determination requirements. States might face increased administrative burdens and costs without corresponding federal funding, prompting concerns about resource allocation and implementation efficiency.

Healthcare Providers: Providers servicing military families could see a more stable patient base, knowing that Medicaid coverage will persist regardless of relocations. However, confusion over eligibility criteria and residency status might complicate service delivery initially.

Lawmakers and Policymakers: This proposal generates discussion around balancing the needs of military families with the administrative realities faced by state Medicaid programs. Policymakers will need to consider the implications of unfunded mandates and the fair allocation of federal resources to support this initiative.

In summary, while H.R. 8108 seeks to address a genuine need within the military community, it raises several issues that will require careful consideration and potential adjustments to ensure effective implementation and equitable treatment across state lines.

Issues

  • There could be ambiguity in determining how 'temporarily relocated' is defined, potentially leading to inconsistent application across states. This issue is mentioned in Section 1.

  • The implementation date of January 1, 2028, might be seen as too far in the future, delaying potential benefits to military families. This concern is found in Section 1.

  • The requirement for a State to deem an individual as a resident for Medicaid purposes when they are temporarily relocated could be seen as an unfunded mandate, potentially increasing administrative costs for the state without additional funding. This issue is highlighted in Section 1.

  • The inclusion of only those individuals receiving home and community-based services from a specific section of the American Rescue Plan Act may leave out others who are similarly situated but not covered under that specific service category. This concern is raised in Section 1.

  • The language used in the amendment might be overly complex for readers who are not familiar with legal jargon, potentially making it difficult to understand. This issue is noted in Section 1.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Medicaid State plan requirement for determining residency of military families Read Opens in new tab

Summary AI

The section amends the Social Security Act to ensure that starting January 1, 2028, military families temporarily relocated to another state due to active duty service can keep their original state's Medicaid coverage if they were already receiving certain home and community services. This means the military member or their dependent will still be considered residents of their home state for Medicaid purposes.