H.R. 8108House118th Congress (2023-2025)Passed House

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.

Introduced April 23, 2024

AI-Generated Summary

Updated January 20, 2026 at 4:09 PM UTC

The bill amends title XIX of the Social Security Act to require Medicaid State plans to address the residency status of active‑duty service members and their families who are temporarily relocated to another state. Starting Jan. 1, 2028, states must treat these individuals as temporary absences for Medicaid eligibility, keep them on home‑and‑community‑based services waiting lists until a decision is made, and ensure payment for medical assistance in the relocation state. The changes affect Medicaid recipients who are active‑duty personnel, retirees, and their dependents who move because of military service.

Key Provisions

  • Adds a new requirement (paragraph 88) that states consider an active‑duty relocated individual’s move as a temporary absence for Medicaid eligibility and keep them on home‑and‑community‑based services waiting lists until eligibility is assessed or they choose to leave the list.
  • Mandates that states provide payment for medical assistance to these individuals in the temporary relocation state according to guidance from the Secretary.
  • Creates definitions for “active duty relocated individual” (including service members, retirees, and dependents temporarily moved) and for “home and community‑based services waiting list.”

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

September 24, 2024

View full timeline
HouseIntro Referral

Introduced in House

April 23, 2024

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 23, 2024

HouseCommittee

Referred to the Subcommittee on Health.

April 26, 2024

HouseCommittee

Subcommittee on Health Discharged

September 13, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

September 18, 2024

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 42 - 0.

September 18, 2024

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-697.

September 20, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 591.

September 20, 2024

HouseFloor

Mr. Bucshon moved to suspend the rules and pass the bill, as amended.

September 23, 2024 • 2:53 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5575-5576)

September 23, 2024 • 2:53 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 8108.

September 23, 2024 • 2:53 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5575)

September 23, 2024 • 3:01 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5575)

September 23, 2024 • 3:01 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 23, 2024 • 3:01 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

September 24, 2024

Floor Debate

3 members

What members said about H.R. 8108 on the floor

2 Republicans1 Democrat
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 23, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 8108, a bill that would amend title XIX of the Social Security Act to add a Medicaid State plan…

Larry Bucshon
Rep. Larry BucshonR-IN-8 · Sep 23, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 8108) to amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of…

Jennifer A. Kiggans
Rep. Jennifer A. KiggansR-VA-2 · Sep 23, 2024

Mr. Speaker, I rise today in support of H.R. 8108, the Medicaid State Plan Requirement for Determining Residency of Military Families, that I introduced earlier this year to ensure servicemembers can…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued September 24, 2024

IIB

118th CONGRESS

2d Session

H. R. 8108

IN THE SENATE OF THE UNITED STATES

September 24, 2024

Received; read twice and referred to the Committee on Finance

AN ACT

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.


1.

Medicaid State plan requirement for determining residency and coverage for military families

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

(1)

in subsection (a)—

(A)

in paragraph (86), by striking and at the end;

(B)

in paragraph (87), by striking the period at the end and inserting ; and; and

(C)

by inserting after paragraph (87) the following new paragraph:

(88)

beginning January 1, 2028, provide, with respect to an active duty relocated individual (as defined in subsection (uu)(1))—

(A)

that, in determining eligibility for medical assistance under the State plan (or waiver of such plan), the relocation described in such subsection is deemed to be a temporary absence for purposes of section 435.403(j)(3) of title 42, Code of Federal Regulations (or any successor regulation);

(B)

that if, at the time of such relocation, such active duty relocated individual is on a home and community-based services waiting list (as defined in subsection (uu)(2)), such individual remains on such list until—

(i)

the State completes an assessment and renders a decision with respect to the eligibility of such individual to receive the relevant home and community-based services at the time a slot for such services becomes available and, in the case such decision is a denial of such eligibility, such individual has exhausted the individual’s opportunity for a fair hearing in accordance with paragraph (3); or

(ii)

such individual elects to be removed from such list; and

(C)

payment for medical assistance furnished under the State plan (or a waiver of the plan) to such active duty relocated individual in the temporary relocation State (as referred to in subsection (uu)(1)) in accordance with such guidance as the Secretary may issue to ensure access to such assistance.

; and

(2)

by adding at the end the following new subsection:

(uu)

Active duty relocated individual; home and community-based services waiting list

For purposes of subsection (a)(88) and this subsection:

(1)

Active duty relocated individual

The term active duty relocated individual means an individual enrolled under the State plan (or waiver of such plan)—

(A)

who—

(i)

is a member of the Armed Forces engaged in active duty service and is temporarily relocated (as specified by the Secretary) to another State (in this subsection referred to as the temporary relocation State) by reason of such service;

(ii)

at any point during the preceding 1-year period, was such a member so engaged in such service and was temporarily relocated to the temporary relocation State by reason of such service, but is no longer so engaged in such service (including by reason of retirement from such service); or

(iii)

is a dependent (as defined by the Secretary) of a member described in clause (i) or (ii) who temporarily relocates to the temporary relocation State with such member; and

(B)

who—

(i)

was receiving home and community-based services (as defined in section 9817(a)(2)(B) of the American Rescue Plan Act of 2021) at the time of such relocation; or

(ii)

if the State maintains a home and community-based services waiting list, was on such home and community-based services waiting list at the time of such relocation.

(2)

Home and community-based services waiting list

The term home and community-based services waiting list means, in the case of a State that has a limit on the number of individuals who may receive home and community-based services under section 1115(a) or section 1915(c), a list maintained by such State of individuals who have applied to receive such services under either such section but for whom the State has not yet completed an assessment and rendered a decision with respect to the eligibility of such individuals to receive the relevant home and community-based services at the time a slot for such services becomes available due to such limit.

.

Passed the House of Representatives September 23, 2024.

Kevin F. McCumber,

Clerk.