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H.R. 829House115th Congress (2017-2019)In Committee

Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017

Sponsored by Fred UptonRep. Fred Upton (R-MI)
Introduced February 2, 2017

AI-Generated Summary

Updated April 15, 2026 at 12:25 PM UTC

The Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017 changes how Medicaid determines eligibility when a person receives large lottery winnings or other lump‑sum payments. Instead of counting the entire amount as income in the month it is received, the bill spreads the income over several months based on the size of the payment. It also adds protections for people who would otherwise lose Medicaid because of the added income.

Key Provisions

  • Medicaid rules are amended to treat qualified lottery winnings or qualified lump‑sum income as income received over a set period: 1 month if under $80,000; 2 months for $80‑$89,999; 3 months for $90‑$99,999; and 3 months plus an extra month for each $10,000 over $100,000, up to a maximum of 120 months.
  • The lump‑sum amount is divided into equal monthly installments for the applicable period.
  • If counting the lump sum would push a person’s income above the state’s Medicaid limit, the state may waive the denial if it would cause undue medical or financial hardship, following standards set by the Secretary.
  • States must notify individuals who lose Medicaid eligibility because of the lump‑sum rule, inform them of special enrollment periods for health plans, and provide technical assistance for enrollment.
  • The bill defines “qualified lottery winnings” (state‑run or multistate lotteries) and “qualified lump‑sum income” (gambling winnings, certain damages, and estate liquidations).
  • States may still intercept lottery winnings to recover Medicaid costs, and the new rules apply only to the individual who received the lump‑sum, not to other household members.

Legislative Activity

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4 earlier actions
HouseCommittee Latest Action

Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 20 - 11 .

Health Subcommittee

February 7, 2017

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HouseIntro Referral

Introduced in House

February 2, 2017

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

February 2, 2017

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

February 3, 2017

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

Health Subcommittee

February 7, 2017

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 20 - 11 .

Health Subcommittee

February 7, 2017

Bill Text

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Introduced in HouseIssued February 2, 2017

I

115th CONGRESS

1st Session

H. R. 829

IN THE HOUSE OF REPRESENTATIVES

February 2, 2017

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

A BILL

To amend title XIX of the Social Security Act to clarify the treatment of lottery winnings and other lump sum income for purposes of income eligibility under the Medicaid program, and for other purposes.

1.

Short title

This Act may be cited as the Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017.

2.

Treatment of lottery winnings and other lump-sum income for purposes of income eligibility under Medicaid

(a)

In general

Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—

(1)

in subsection (a)(17), by striking (e)(14), (e)(14) and inserting (e)(14), (e)(15); and

(2)

in subsection (e)—

(A)

in paragraph (14) (relating to modified adjusted gross income), by adding at the end the following new subparagraph:

(J)

Treatment of certain lottery winnings and income received as a lump sum

(i)

In general

In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2018) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received—

(I)

in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $80,000;

(II)

over a period of 2 months if the amount of such winnings or income (as applicable) is greater than or equal to $80,000 but less than $90,000;

(III)

over a period of 3 months if the amount of such winnings or income (as applicable) is greater than or equal to $90,000 but less than $100,000; and

(IV)

over a period of 3 months plus 1 additional month for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed a period of 120 months (for winnings or income of $1,260,000 or more), if the amount of such winnings or income is greater than or equal to $100,000.

(ii)

Counting in equal installments

For purposes of subclauses (II), (III), and (IV) of clause (i), winnings or income to which such subclause applies shall be counted in equal monthly installments over the period of months specified under such subclause.

(iii)

Hardship exemption

An individual whose income, by application of clause (i), exceeds the applicable eligibility threshold established by the State, shall continue to be eligible for medical assistance to the extent that the State determines, under procedures established by the State (in accordance with standards specified by the Secretary), that the denial of eligibility of the individual would cause an undue medical or financial hardship as determined on the basis of criteria established by the Secretary.

(iv)

Notifications and assistance required in case of loss of eligibility

A State shall, with respect to an individual who loses eligibility for medical assistance under the State plan (or a waiver of such plan) by reason of clause (i)—

(I)

before the date on which the individual loses such eligibility, inform the individual—

(aa)

of the individual’s opportunity to enroll in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act during the special enrollment period specified in section 9801(f)(3) of the Internal Revenue Code of 1986 (relating to loss of Medicaid or CHIP coverage); and

(bb)

of the date on which the individual would no longer be considered ineligible by reason of clause (i) to receive medical assistance under the State plan or under any waiver of such plan and be eligible to reapply to receive such medical assistance; and

(II)

provide technical assistance to the individual seeking to enroll in such a qualified health plan.

(v)

Qualified lottery winnings defined

In this subparagraph, the term qualified lottery winnings means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment.

(vi)

Qualified lump sum income defined

In this subparagraph, the term qualified lump sum income means income that is received as a lump sum from one of the following sources:

(I)

Monetary winnings from gambling (as defined by the Secretary and including gambling activities described in section 1955(b)(4) of title 18, United States Code).

(II)

Damages received, whether by suit or agreement and whether as lump sums or as periodic payments (other than monthly payments), on account of causes of action other than causes of action arising from personal physical injuries or physical sickness.

(III)

Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.

; and

(B)

by striking (14) Exclusion and inserting (15) Exclusion.

(b)

Rules of construction

(1)

Interception of lottery winnings allowed

Nothing in the amendment made by subsection (a)(2)(A) shall be construed as preventing a State from intercepting the State lottery winnings awarded to an individual in the State to recover amounts paid by the State under the State Medicaid plan under title XIX of the Social Security Act for medical assistance furnished to the individual.

(2)

Applicability limited to eligibility of recipient of lottery winnings or lump sum income

Nothing in the amendment made by subsection (a)(2)(A) shall be construed, with respect to a determination of household income for purposes of a determination of eligibility for medical assistance under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) made by applying modified adjusted gross income under subparagraph (A) of section 1902(e)(14) of such Act (42 U.S.C. 1396a(e)(14)), as limiting the eligibility for such medical assistance of any individual that is a member of the household other than the individual who received qualified lottery winnings or qualified lump-sum income (as defined in subparagraph (J) of such section 1902(e)(14), as added by subsection (a)(2)(A) of this section).