HR 8108 United States House · 118th Congress

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.

This bill requires states to count military service members (and their dependents) as residents of their home state for Medicaid eligibility if they're temporarily relocated due to active duty but remain legally resident there. It specifically applies to those already receiving home and community-based services under the American Rescue Plan Act of 2021. States must deem these individuals as residents of their home state starting January 1, 2028, ensuring continued access to their existing Medicaid services without requiring a new state residency determination.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2024
Committee Review
Sep 2024
House Passage
Sep 2024
Senate Passage
President
Introduced Apr 23, 2024 Last action Sep 24, 2024
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House Engrossed in House · 6 edits · Sep 23, 2024
MODERATE
The engrossed version significantly expands the bill's scope from simply requiring states to treat relocated military families as residents for Medicaid purposes to a broader framework that also guarantees continued coverage, protects waiting list positions for home and community-based services, and extends eligibility to former service members (including retirees) within one year of relocation. The changes add a new definitions subsection and create three distinct state obligations: deeming the relocation a temporary absence under federal rules, preserving waiting list status, and ensuring payment for medical assistance in the temporary relocation state.
Scope change
The bill's scope expanded in three ways: (1) it now covers former service members and retirees within one year of relocation, not just current active duty members; (2) it now protects individuals waiting for home and community-based services, not just those already receiving them; and (3) it now imposes an explicit payment obligation on states in the temporary relocation state, rather than only requiring a residency determination.
SCOPE

The bill title changed from 'determining residency of military families' to 'determining residency and coverage for military families,' reflecting that the bill now addresses both residency determination and actual coverage/payment obligations.

ELIGIBILITY

A new defined term 'active duty relocated individual' expands who is covered to include: (1) active duty members temporarily relocated, (2) former active duty members (including retirees) who were relocated within the preceding 1-year period, and (3) dependents of either group. The original version only covered individuals currently serving on active duty.

REQUIREMENT

A new requirement that if a relocated individual was on a home and community-based services waiting list at the time of relocation, the state must keep them on that list until an assessment is completed and a decision rendered (with fair hearing rights if denied) or until the individual elects to be removed. The original version only addressed individuals already receiving such services.

FISCAL

A new requirement that states must make payment for medical assistance furnished to the active duty relocated individual in the temporary relocation state, with guidance from the Secretary to ensure access. The original version only required a residency determination without an explicit payment obligation.

DEFINITION

A new subsection (uu) adds formal definitions for 'active duty relocated individual' and 'home and community-based services waiting list.' The latter is defined as a list maintained by states that have caps on HCBS under section 1115(a) or 1915(c), where the state has not yet completed an assessment when a slot becomes available.

TECHNICAL

The amendment structure was reorganized from amending Section 1902(a) directly to amending Section 1902 with two parts: subsection (a) for the paragraph-level changes and a new subsection (uu) for definitions. The residency deeming provision now references federal regulation 42 CFR 435.403(j)(3) explicitly, characterizing the relocation as a 'temporary absence' under that rule.

Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
4
Committee
6
Amendments
3
Sep 24, 2024
Committee
Received in the Senate and Read twice and referred to the Committee on Finance.
upper
Sep 23, 2024
Introduced
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5575)
lower
Sep 23, 2024
Lower · Passed
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)
lower
Sep 23, 2024
Introduced
Mr. Bucshon moved to suspend the rules and pass the bill, as amended.
lower
Sep 20, 2024
Lower · Passed
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-697.
lower
Sep 18, 2024
Introduced
Ordered to be Reported (Amended) by the Yeas and Nays: 42 - 0.
lower
Sep 18, 2024
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Sep 13, 2024
Lower · Passed
Subcommittee on Health Discharged
lower
Apr 26, 2024
Committee
Referred to the Subcommittee on Health.
lower
Apr 23, 2024
Committee
Referred to the House Committee on Energy and Commerce.
lower
Apr 23, 2024
Introduced
Introduced in House
lower
1 primary · 3 co-sponsors

Sponsors