S. 874 – At-Risk Youth Medicaid Protection Act of 2017

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Updated April 15, 2026 at 2:34 PM UTC

The At‑Risk Youth Medicaid Protection Act of 2017 would change Medicaid rules so that young people who are incarcerated do not lose their Medicaid coverage. It requires states to keep the enrollment active (or only suspend it) while the youth is in a public institution and to automatically restore coverage when they are released, without the youth having to reapply. The bill applies to juveniles under 21 who were already enrolled or become eligible while in custody.

Key Provisions

States may not terminate Medicaid enrollment for an eligible juvenile simply because the juvenile is an inmate of a public institution; they may only suspend coverage while the youth is incarcerated.
Upon release, states must immediately restore Medicaid coverage for the youth without requiring a new application, unless the youth no longer meets eligibility criteria.
States must continue to process any Medicaid applications submitted on behalf of an incarcerated juvenile.
The bill defines “juvenile” (under 21 or meeting certain criteria), “eligible juvenile” (a juvenile who was enrolled before incarceration or becomes eligible while incarcerated), and “inmate of a public institution.”
The changes take effect for incarcerations occurring one year after the law’s enactment, and states have a grace period to amend their Medicaid plans to comply.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

April 6, 2017

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SenateIntro Referral

Introduced in Senate

April 6, 2017

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

April 6, 2017

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 6, 2017

II

115th CONGRESS

1st Session

S. 874

IN THE SENATE OF THE UNITED STATES

April 6 (legislative day, April 4), 2017

Mr. Murphy (for himself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XIX of the Social Security Act to protect the enrollment of incarcerated youth for medical assistance under the Medicaid program, and for other purposes.

1.

Short title

This Act may be cited as the At-Risk Youth Medicaid Protection Act of 2017.

2.

At-risk youth Medicaid protection

(a)

In general

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

(1)

in subsection (a)—

(A)

by striking and at the end of paragraph (82);

(B)

by striking the period at the end of paragraph (83) and inserting ; and; and

(C)

by inserting after paragraph (83) the following new paragraph:

(84)

provide that—

(A)

the State shall not terminate enrollment under a State plan for medical assistance for an individual who is an eligible juvenile (as defined in subsection (ll)(2)) because the juvenile is an inmate of a public institution (as defined in subsection (ll)(3)), but may suspend such enrollment during the period that the juvenile is such an inmate;

(B)

the State shall restore enrollment for such medical assistance to such an individual upon the individual’s release from any such public institution without requiring the individual to make a new application for medical assistance or take any other action, and shall take all necessary steps to ensure the enrollment is effective immediately upon release from such institution, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and

(C)

the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate.

; and

(2)

by adding at the end the following new subsection:

(ll)

Juvenile; eligible juvenile; public institution

For purposes of subsection (a)(84) and this subsection:

(1)

Juvenile

The term juvenile means an individual who is—

(A)

under 21 years of age; or

(B)

is described in subsection (a)(10)(A)(i)(IX).

(2)

Eligible juvenile

The term eligible juvenile means a juvenile 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.

(3)

Inmate of a public institution

The term inmate of a public institution has the meaning given such term for purposes of applying the subdivision (A) following paragraph (29) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution.

.

(b)

No change in exclusion from medical assistance for inmates of public institutions

Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a State submitting claims for Federal financial participation under title XIX of such Act for such assistance.

(c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility and enrollment of juveniles 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 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 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.