Pub. L. 118-42, div. G, tit. I, subtit. B, sec. 205 (as amended)
PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO INCARCERATION.
SEC. 205. PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO INCARCERATION.
(a) Medicaid.—
(1) In general.—Section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)), as amended by section 5122(a)(2) of the Consolidated Appropriations Act, 2023 (Public Law 117-328), is further amended—
(A) by striking “under the State plan” and inserting “under the State plan (or waiver of such plan)”;
(B) by striking “who is an eligible juvenile (as defined in subsection (nn)(2))”;
(C) by striking “because the juvenile” and inserting “because the individual”;
(D) by striking “during the period the juvenile” and inserting “during the period the individual”;
(E) by inserting “such an individual who is an eligible juvenile (as defined in subsection (nn)(2)) and” after “or in the case of”; and
(F) by striking “paragraph (31)” and inserting “the last numbered paragraph”.
(2) [42 U.S.C. 1396a note] Effective date.—The amendments made by—
(A) subparagraph (A) of paragraph (1) shall take effect on the date of the enactment of this Act; and
(B) subparagraphs (B) through (F) of paragraph (1) shall take effect on January 1, 2026.
(b) CHIP.—
(1) In general.—Section 2102(d)(1)(A) of the Social Security Act (42 U.S.C. 1397bb(d)(1)(A)) is amended—
(A) by inserting “or pregnancy-related” after “child health”;
(B) by inserting “or targeted low-income pregnant woman” after “targeted low-income child”;
(C) by inserting “or pregnant woman” after “because the child”; and
(D) by inserting “or pregnant woman” after “during the period the child”.
(2) [42 U.S.C. 1397bb note] Effective date.—The amendments made by paragraph (1) shall apply beginning January 1, 2026.
(c) Technical Corrections.—
(1) Section 1902(nn)(2)(A) of the Social Security Act (42 U.S.C. 1395a(a)(nn)(2)(A)) is amended by striking “State plan” and inserting “State plan (or waiver of such plan)”.
(2) Section 1902(nn)(3) of the Social Security Act (42 U.S.C. 1396a(nn)(3)), is amended by striking “paragraph (31)” and inserting “the last numbered paragraph”.
(3) [42 U.S.C. 1396d] Section 5122(a)(1) of the Consolidated Appropriations Act, 2023 (Public Law 117-328) is amended by striking “after” and all that follows through the period at the end and inserting “after ‘or in the case of an eligible juvenile described in section 1902(a)(84)(D) with respect to the screenings, diagnostic services, referrals, and targeted case management services required under such section’.”.
(4) The fifth sentence of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking “paragraph (30)” and inserting “the last numbered paragraph”.
- Cross-references to the US Code
- 42 U.S.C. 1396a note42 U.S.C. 1397bb note42 U.S.C. 1396d
- Public laws referenced
- 117-328