S.Amdt. 3383

SA 3383. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 524, to authorize the Attorney General to award
grants to address the national epidemics of prescription opioid abuse
and heroin use; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. __. SUSPENSION OF MEDICAID BENEFITS FOR INMATES OF
PUBLIC INSTITUTIONS.

(a) In General.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended by inserting after paragraph
(77) the following new paragraph:
``(78) provide that the State shall not terminate (but may
suspend) enrollment under a State plan for medical assistance
for an individual who is an inmate of a public institution
and was enrolled for medical assistance under the State plan
immediately before becoming an inmate of such a public
institution or who becomes eligible to enroll for such
medical assistance while an inmate of a public
institution;''.

[[Page S1167]]

(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to the
eligibility and enrollment of individuals who become inmates
of public institutions on or after the date that is 1 year
after the date of the enactment of this Act.
(2) Rule for changes requiring state legislation.--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 requirements imposed by the amendment
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 these 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 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.
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