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
S. 5417, or the “Care for Military Kids Act,” is a plan to make sure that when military families move to new places because of their service, they can still get the medical help they need without any trouble, just like they did in their old home. It helps keep their place in line for special care, even if they are in a different state for a little while.
Summary AI
S. 5417, also known as the “Care for Military Kids Act,” proposes changes to the Social Security Act to help military families access Medicaid benefits more easily. This bill ensures that active duty military members and their families, who are temporarily relocated due to service, maintain their place on home and community-based services (HCBS) waiting lists. It additionally requires states to treat these relocations as a temporary absence for Medicaid eligibility, allowing military families to continue receiving medical assistance and services without interruption despite moving states for service.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The proposed legislation, titled the “Care for Military Kids Act,” seeks to amend title XIX of the Social Security Act. Its primary aim is to ensure that active duty military personnel and their families who are temporarily relocated due to service maintain their Medicaid eligibility and access to home and community-based services. The bill addresses how these relocations should be considered under state Medicaid plans and organizes the way payment for medical assistance should be handled in states where these families are temporarily residing.
Summary of Significant Issues
Financial and Administrative Strains: One of the key issues raised by the bill is the potential financial burden on states. The requirement for states to cover medical assistance costs for relocated military families without clear federal reimbursement guidelines could create fiscal challenges. This could also lead to administrative burdens, particularly in states with high numbers of relocated military personnel.
Guidance and Implementation Consistency: The bill requires the Secretary to provide guidance to ensure access to medical assistance for these families. However, the absence of specific instructions on how this guidance will be issued might lead to inconsistent implementation across states, affecting the availability and quality of services.
Clarity and Interpretation Challenges: Several terms and provisions within the bill, such as "temporary absence" and the definition of "dependent," may require further clarification. These ambiguities could result in varying interpretations across different states, potentially leading to unequal application of the law.
Regulatory Dependence: The bill relies on existing regulations, which could change over time. This dependence may affect the long-term consistency and effectiveness of the bill, particularly if related regulations are amended or repealed.
Impact on the Public
Broad Impact: The bill aims to provide stability and continuity of healthcare services for military families during relocation, addressing disruptions that can occur when moving across states. By maintaining Medicaid eligibility, the bill seeks to ensure that families of servicemembers do not lose access to essential healthcare services.
Specific Stakeholders:
Military Families: The bill has a direct positive impact on military families, offering them continued access to healthcare and related services despite relocating. This continuity can relieve stress associated with moving and help maintain family well-being during transitions.
State Governments: The legislation may impose financial and administrative challenges on state governments. States will be responsible for implementing the bill's provisions, which might require additional resources and funding, particularly in states with high concentrations of military personnel.
Healthcare Providers: Providers may experience increased demand for services from active duty relocated individuals. While this could result in more business for healthcare providers, it may also necessitate adjustments in service delivery to accommodate a mobile patient population.
In conclusion, while the "Care for Military Kids Act" is designed to support military families by ensuring consistent access to healthcare services, it also raises important considerations regarding financial impacts on states, the need for clear guidance, and the potential for variability in implementation across the United States. These factors will play significant roles in how successfully the bill achieves its intended outcomes.
Issues
The requirement for States to ensure payment for medical assistance in the temporary relocation State (Section 2, paragraph 1(C)) might impose additional financial burdens on States without clear reimbursement mechanisms, potentially leading to financial and administrative challenges.
The lack of clear guidance on how the Secretary will issue guidance to States to ensure access to medical assistance for active duty relocated individuals (Section 2, paragraph 1(C)) could create significant variability in implementation and access to services.
The definition and process of determining a 'dependent' in relation to the active duty relocated individual (Section 2, subsection (uu)(1)(A)(iii)) needs to be clear to prevent misinterpretation, which might lead to inconsistent implementation across States.
The provisions related to maintaining individuals on the home and community-based services waiting list (Section 2, paragraph 1(B) and subsection (uu)(2)) may result in administrative burdens for States, especially if there are large numbers of active duty relocated individuals, which could strain state resources.
The term 'temporary absence' in relation to 'temporary relocation' (Section 2, paragraph 1(A)) may need further clarification to ensure consistent application across different States, potentially impacting the uniformity of legal interpretation and beneficiaries' rights.
The reliance on existing regulations (e.g., section 435.403(j) of title 42, Code of Federal Regulations) (Section 2, paragraph 1) could lead to future issues if these regulations change, potentially affecting the consistency and effectiveness of the bill over time.
The complexity of cross-referencing with other U.S. Code sections and Acts (e.g., Social Security Act, American Rescue Plan Act of 2021, Section 2, subsection (uu)) may complicate interpretation and implementation, creating potential legal obstacles and requiring enhanced legal expertise from those involved in policy execution.
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. Short title Read Opens in new tab
Summary AI
The section provides the short title for the legislation, officially naming it the "Care for Military Kids Act."
2. Medicaid State plan requirement for determining residency and coverage for military families Read Opens in new tab
Summary AI
The section amends the Social Security Act to ensure that active duty military members and their families, who are temporarily relocated to another state due to service, maintain their eligibility for Medicaid and home and community-based services. It treats the relocation as temporary for these purposes, allows them to remain on waiting lists for specific services, and organizes how payment for their medical assistance will be managed.