Initial 6-month extension
Requirement
In general
1
State option to waive requirement for 3 months before receipt of medical assistance
A State may, at its option, elect also to apply subparagraph (A) in the case of a family that was receiving such aid for fewer than three months or that had applied for and was eligible for such aid for fewer than 3 months during the 6 immediately preceding months described in such subparagraph.
Notice of benefits
Termination of extension
No dependent child
Subject to subparagraphs (B) and (C), extension of assistance during the 6-month period described in paragraph (1) to a family shall terminate (during such period) at the close of the first month in which the family ceases to include a child, whether or not the child is (or would if needy be) a dependent child under part A of subchapter IV.
Notice before termination
No termination of assistance shall become effective under subparagraph (A) until the State has provided the family with notice of the grounds for the termination.
Continuation in certain cases until redetermination
section 1396d(a) of this titlesection 1396a(a)(10)(A) of this titleWith respect to a child who would cease to receive medical assistance because of subparagraph (A) but who may be eligible for assistance under the State plan because the child is described in clause (i) of or clause (i)(IV), (i)(VI), (i)(VII), or (ii)(IX) of , the State may not discontinue such assistance under such subparagraph until the State has determined that the child is not eligible for assistance under the plan.
Scope of coverage
In general
Subject to subparagraph (B), during the 6-month extension period under this subsection, the amount, duration, and scope of medical assistance made available with respect to a family shall be the same as if the family were still receiving aid under the plan approved under part A of subchapter IV.
State medicaid “wrap-around” option
Option of 12-month initial eligibility period
A State may elect to treat any reference in this subsection to a 6-month period (or 6 months) as a reference to a 12-month period (or 12 months). In the case of such an election, subsection (b) shall not apply.
Additional 6-month extension
Requirement
Notwithstanding any other provision of this subchapter but subject to subsection (a)(5), each State plan approved under this subchapter shall provide that the State shall offer to each family, which has received assistance during the entire 6-month period under subsection (a) and which meets the requirement of paragraph (2)(B)(i), in the last month of the period the option of extending coverage under this subsection for the succeeding 6-month period, subject to paragraph (3).
Notice and reporting requirements
Notices
Notice during initial extension period of option and requirements
Each State, during the 3rd and 6th month of any extended assistance furnished to a family under subsection (a), shall notify the family of the family’s option for additional extended assistance under this subsection. Each such notice shall include (I) in the 3rd month notice, a statement of the reporting requirement under subparagraph (B)(i), and, in the 6th month notice, a statement of the reporting requirement under subparagraph (B)(ii), (II) a statement as to whether any premiums are required for such additional extended assistance, and (III) a description of other out-of-pocket expenses, benefits, reporting and payment procedures, and any pre-existing condition limitations, waiting periods, or other coverage limitations imposed under any alternative coverage options offered under paragraph (4)(D). The 6th month notice under this subparagraph shall describe the amount of any premium required of a particular family for each of the first 3 months of additional extended assistance under this subsection.
Notice during additional extension period of reporting requirements and premiums
Each State, during the 3rd month of any additional extended assistance furnished to a family under this subsection, shall notify the family of the reporting requirement under subparagraph (B)(ii) and a statement of the amount of any premium required for such extended assistance for the succeeding 3 months.
Reporting requirements
During initial extension period
Each State shall require (as a condition for additional extended assistance under this subsection) that a family receiving extended assistance under subsection (a) report to the State, not later than the 21st day of the 4th month in the period of extended assistance under subsection (a), on the family’s gross monthly earnings and on the family’s costs for such child care as is necessary for the employment of the caretaker relative in each of the first 3 months of that period. A State may permit such additional extended assistance under this subsection notwithstanding a failure to report under this clause if the family has established, to the satisfaction of the State, good cause for the failure to report on a timely basis.
During additional extension period
Each State shall require that a family receiving extended assistance under this subsection report to the State, not later than the 21st day of the 1st month and of the 4th month in the period of additional extended assistance under this subsection, on the family’s gross monthly earnings and on the family’s costs for such child care as is necessary for the employment of the caretaker relative in each of the 3 preceding months.
Clarification on frequency of reporting
A State may not require that a family receiving extended assistance under this subsection or subsection (a) report more frequently than as required under clause (i) or (ii).
Termination of extension
In general
No dependent child
The extension shall terminate at the close of the first month in which the family ceases to include a child, whether or not the child is (or would if needy be) a dependent child under part A of subchapter IV.
Failure to pay any premium
If the family fails to pay any premium for a month under paragraph (5) by the 21st day of the following month, the extension shall terminate at the close of that following month, unless the family has established, to the satisfaction of the State, good cause for the failure to pay such premium on a timely basis.
Quarterly income reporting and test
Notice before termination
No termination of assistance shall become effective under subparagraph (A) until the State has provided the family with notice of the grounds for the termination, which notice shall include (in the case of termination under subparagraph (A)(iii)(II), relating to no continued earnings) a description of how the family may reestablish eligibility for medical assistance under the State plan. No such termination shall be effective earlier than 10 days after the date of mailing of such notice.
Continuation in certain cases until redetermination
Dependent children
section 1396d(a) of this titlesection 1396a(a)(10)(A) of this titleWith respect to a child who would cease to receive medical assistance because of subparagraph (A)(i) but who may be eligible for assistance under the State plan because the child is described in clause (i) of or clause (i)(IV), (i)(VI), (i)(VII), or (ii)(IX) of , the State may not discontinue such assistance under such subparagraph until the State has determined that the child is not eligible for assistance under the plan.
Medically needy
section 1396a(a)(10)(C) of this titleWith respect to an individual who would cease to receive medical assistance because of clause (ii) or (iii) of subparagraph (A) but who may be eligible for assistance under the State plan because the individual is within a category of person for which medical assistance under the State plan is available under (relating to medically needy individuals), the State may not discontinue such assistance under such subparagraph until the State has determined that the individual is not eligible for assistance under the plan.
Coverage
In general
Elimination of most non-acute care benefits
1section 1396d(a) of this titleAt a State’s option and notwithstanding any other provision of this subchapter, a State may choose not to provide medical assistance under this subsection with respect to any (or all) of the items and services described in paragraphs (4)(A), (6), (7), (8), (11), (13), (14), (15), (16), (18), (20), and (21) of .
State medicaid “wrap-around” option
At a State’s option, the State may elect to apply the option described in subsection (a)(4)(B) (relating to “wrap-around” coverage) for families electing medical assistance under this subsection in the same manner as such option applies to families provided extended eligibility for medical assistance under subsection (a).
Alternative assistance
Enrollment in family option of employer plan
Enrollment of the caretaker relative and dependent children in a family option of the group health plan offered to the caretaker relative.
Enrollment in family option of State employee plan
Enrollment of the caretaker relative and dependent children in a family option within the options of the group health plan or plans offered by the State to State employees.
Enrollment in State uninsured plan
Enrollment of the caretaker relative and dependent children in a basic State health plan offered by the State to individuals in the State (or areas of the State) otherwise unable to obtain health insurance coverage.
Enrollment in medicaid managed care organization
section 1396b(m)(1)(A) of this titleEnrollment of the caretaker relative and dependent children in a medicaid managed care organization (as defined in ).
Prohibition on cost-sharing for maternity and preventive pediatric care
In general
Care described
Premium
Permitted
osection 9902(2) of this titleNotwithstanding any other provision of this subchapter (including section 1396 of this title), a State may impose a premium for a family for additional extended coverage under this subsection for a premium payment period (as defined in subparagraph (D)(i)), but only if the family’s average gross monthly earnings (less the average monthly costs for such child care as is necessary for the employment of the caretaker relative) for the premium base period exceed 100 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with ) applicable to a family of the size involved.
Level may vary by option offered
The level of such premium may vary, for the same family, for each option offered by a State under paragraph (4)(D).
Limit on premium
In no case may the amount of any premium under this paragraph for a family for a month in either of the premium payment periods described in subparagraph (D)(i) exceed 3 percent of the family’s average gross monthly earnings (less the average monthly costs for such child care as is necessary for the employment of the caretaker relative) during the premium base period (as defined in subparagraph (D)(ii)).
Definitions
Applicability in States and territories
States operating under demonstration projects
section 1315(a) of this titleIn the case of any State which is providing medical assistance to its residents under a waiver granted under , the Secretary shall require the State to meet the requirements of this section in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this subchapter.
Inapplicability in commonwealths and territories
The provisions of this section shall only apply to the 50 States and the District of Columbia.
General disqualification for fraud
Ineligibility for aid
This section shall not apply to an individual who is a member of a family which has received aid under part A of subchapter IV if the State makes a finding that, at any time during the last 6 months in which the family was receiving such aid before otherwise being provided extended eligibility under this section, the individual was ineligible for such aid because of fraud.
General disqualifications
For additional provisions relating to fraud and program abuse, see sections 1320a–7, 1320a–7a, and 1320a–7b of this title.
“Caretaker relative” defined
In this section, the term “caretaker relative” has the meaning of such term as used in part A of subchapter IV.
Collection and reporting of participation information
Collection of information from States
Each State shall collect and submit to the Secretary (and make publicly available), in a format specified by the Secretary, information on average monthly enrollment and average monthly participation rates for adults and children under this section and of the number and percentage of children who become ineligible for medical assistance under this section whose medical assistance is continued under another eligibility category or who are enrolled under the State’s child health plan under subchapter XXI. Such information shall be submitted at the same time and frequency in which other enrollment information under this subchapter is submitted to the Secretary.
Annual reports to Congress
Using the information submitted under paragraph (1), the Secretary shall submit to Congress annual reports concerning enrollment and participation rates described in such paragraph.
Aug. 14, 1935, ch. 531Pub. L. 100–485, title III, § 303(a)(1)102 Stat. 2385Pub. L. 100–647, title VIII, § 8436(a)102 Stat. 3805Pub. L. 101–239, title VI, § 6411(i)(1)103 Stat. 2273Pub. L. 101–508, title IV104 Stat. 1388–167Pub. L. 104–193, title I, § 114(c)110 Stat. 2180Pub. L. 105–33, title IV111 Stat. 493Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, § 608(t)]113 Stat. 1536Pub. L. 106–554, § 1(a)(6) [title VII, § 707(a)]114 Stat. 2763Pub. L. 108–40, § 7(a)117 Stat. 837Pub. L. 111–5, div. B, title V, § 5004(a)(1)123 Stat. 503Pub. L. 111–309, title I, § 111124 Stat. 3289Pub. L. 112–78, title III, § 311125 Stat. 1286Pub. L. 112–96, title III, § 3102126 Stat. 191Pub. L. 112–240, title VI, § 622126 Stat. 2352Pub. L. 113–67, div. B, title II, § 1202127 Stat. 1199Pub. L. 113–93, title II, § 202128 Stat. 1046Pub. L. 114–10, title II, § 212(a)129 Stat. 152(, title XIX, § 1925, as added , , ; amended , , ; , (3), , ; , §§ 4601(a)(3)(B), 4716(a), , , 1388–192; , , ; , §§ 4701(b)(2)(A)(ix), (D), 4703(b)(2), , , 495; , , , 1501A–398; , , , 2763A–577; , , ; , (b)–(d), , , 504; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Section 602 of this titlePub. L. 104–193, title I, § 103(a)(1)110 Stat. 2112, referred to in subsecs. (a)(1)(A) and (b)(3)(A), was repealed and a new section 602 enacted by , , , and, as so enacted, no longer contains a subsec. (a)(8)(B)(ii)(II) or (a)(9).
section 1396d(a) of this titlePub. L. 101–239, title VI, § 6405(a)(2)103 Stat. 2265Paragraph (21) of , referred to in subsec. (b)(4)(B), was redesignated paragraph (22) by , , .
Prior Provisions
section 1396v of this titleA prior section 1925 of act , was renumbered section 1939 and is classified to .
Amendments
Pub. L. 114–102015—Subsecs. (f), (g). redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “This section shall not apply with respect to families that cease to be eligible for aid under part A of subchapter IV of this chapter after .”
Pub. L. 113–932014—Subsec. (f). substituted “” for “”.
Pub. L. 113–672013—Subsec. (f). substituted “” for “”.
Pub. L. 112–240 substituted “2013” for “2012”.
Pub. L. 112–962012—Subsec. (f). substituted “December 31” for “February 29”.
Pub. L. 112–782011—Subsec. (f). substituted “” for “”.
Pub. L. 111–3092010—Subsec. (f). substituted “” for “”.
Pub. L. 111–5, § 5004(c)(2)2009—Subsec. (a)(1). , (3), designated existing provisions as subpar. (A), inserted heading, added subpar. (B), and realigned margins.
Pub. L. 111–5, § 5004(b)(1), (c)(1), inserted “but subject to subparagraph (B) and paragraph (5)” after “Notwithstanding any other provision of this subchapter”.
Pub. L. 111–5, § 5004(b)(2)Subsec. (a)(5). , added par. (5).
Pub. L. 111–5, § 5004(b)(3)Subsec. (b)(1). , inserted “but subject to subsection (a)(5)” after “Notwithstanding any other provision of this subchapter”.
Pub. L. 111–5, § 5004(a)(1)Subsec. (f). , substituted “” for “”.
Pub. L. 111–5, § 5004(d)Subsec. (g). , added subsec. (g).
Pub. L. 108–402003—Subsec. (f). substituted “2003” for “2002”.
Pub. L. 106–5542000—Subsec. (f). substituted “2002” for “2001”.
Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(t)(1)]1999—Subsec. (a)(3)(C). , substituted “(i)(VI), (i)(VII),” for “(i)(VI)(i)(VII),,”.
Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(t)(2)]Subsec. (b)(3)(C)(i). , which directed substitution of “(i)(IV), (i)(VI), (i)(VII),” for “(i)(IV) (i)(VI) (i)(VII),,”, was executed by making the substitution for “(i)(IV), (i)(VI) (i)(VII),,” to reflect the probable intent of Congress.
Pub. L. 105–33, § 4703(b)(2)section 1396b(m) of this titlesection 1396u–2 of this titlesection 1396b(m)(1)(A) of this title1997—Subsec. (b)(4)(D)(iv). , struck out “less than 50 percent of the membership (enrolled on a prepaid basis) of which consists of individuals who are eligible to receive benefits under this subchapter (other than because of the option offered under this clause). The option of enrollment under this clause is in addition to, and not in lieu of, any enrollment option that the State might offer under subparagraph (A)(i) with respect to receiving services through a medicaid managed care organization in accordance with and the applicable requirements of ” after “(as defined in )”.
Pub. L. 105–33, § 4701(b)(2)(A)(ix), substituted “medicaid managed care organization” for “health maintenance organization” in two places.
Pub. L. 105–33, § 4701(b)(2)(D)section 1396u–2 of this title, substituted “medicaid managed care organization” for “HMO” in heading and inserted “and the applicable requirements of ” before period at end of text.
Pub. L. 104–1931996—Subsec. (f). substituted “2001” for “1998”.
Pub. L. 101–508, § 4601(a)(3)(B)1990—Subsec. (a)(3)(C). , inserted “(i)(VII),” after “(i)(VI)”.
Pub. L. 101–508, § 4716(a)(1)Subsec. (b)(2)(B)(i). , which directed amendment of subsection (f) of this section in subsection (b)(2)(B)(i) by inserting at the end “A State may permit such additional extended assistance under this subsection notwithstanding a failure to report under this clause if the family has established, to the satisfaction of the State, good cause for the failure to report on a timely basis.”, was executed by making the insertion at the end of subsec. (b)(2)(B)(i) to reflect the probable intent of Congress.
Pub. L. 101–508, § 4716(a)(2)Subsec. (b)(2)(B)(iii). , which directed amendment of subsection (f) of this section in subsection (b)(2)(B) by adding cl. (iii) at the end, was executed by adding cl. (iii) at the end of subsec. (b)(2)(B) to reflect the probable intent of Congress.
Pub. L. 101–508, § 4716(a)(3)Subsec. (b)(3)(B). , which directed amendment of subsection (f) of this section in subsection (b)(3)(B) by inserting at the end “No such termination shall be effective earlier than 10 days after the date of mailing of such notice.”, was executed by making the insertion at the end of subsec. (b)(3)(B) to reflect the probable intent of Congress.
Pub. L. 101–508, § 4601(a)(3)(B)Subsec. (b)(3)(C)(i). , inserted “(i)(VII),” after “(i)(VI)”.
Pub. L. 101–239, § 6411(i)(1)1989—Subsec. (a)(3)(A). , substituted “a child, whether or not the child is” for “a child who is”.
Pub. L. 101–239, § 6411(i)(3)section 1396d(a) of this titlesection 1396a(a)(10)(A) of this titlesection 1396d(a) of this titleSubsec. (a)(3)(C). , substituted “of or clause (i)(IV), (i)(VI), or (ii)(IX) of ” for “or (v) of ”.
Pub. L. 101–239, § 6411(i)(1)Subsec. (b)(3)(A)(i). , substituted “a child, whether or not the child is” for “a child who is”.
Pub. L. 101–239, § 6411(i)(3)section 1396d(a) of this titlesection 1396a(a)(10)(A) of this titlesection 1396d(a) of this titleSubsec. (b)(3)(C)(i). , substituted “of or clause (i)(IV), (i)(VI), or (ii)(IX) of ” for “or (v) of ”.
Pub. L. 100–6471988—Subsec. (b)(5)(C). , which directed the amendment of subsec. (d)(5)(C) by inserting “(less the average monthly costs for such child care as is necessary for the employment of the caretaker relative)” after “gross monthly earnings”, was executed to subsec. (b)(5)(C) to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
section 5004(a)(1) of Pub. L. 111–5section 5004(a)(2) of Pub. L. 111–5section 1396a of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–5, div. B, title V, § 5004(e)123 Stat. 505
Effective Date of 2003 Amendment
Pub. L. 108–40section 8 of Pub. L. 108–40section 603 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–33section 4710(a) of Pub. L. 105–33section 1396b of this titleAmendment by section 4701(b)(2)(A)(ix), (D) of effective , and applicable to contracts entered into or renewed on or after , see , set out as a note under .
section 4703(b)(2) of Pub. L. 105–33section 1396b(m) of this titlesection 4710(b)(2) of Pub. L. 105–33section 1396b of this titleAmendment by applicable to contracts under on and after , subject to provisions relating to extension of effective date for State law amendments, and to nonapplication to waivers, see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–193section 116 of Pub. L. 104–193section 601 of this titleAmendment by effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as an Effective Date note under .
Effective Date of 1990 Amendment
section 4601(a)(3)(B) of Pub. L. 101–508section 4601 of Pub. L. 101–508section 4601(b) of Pub. L. 101–508section 1396a of this titleAmendment by applicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after , without regard to whether or not final regulations to carry out the amendments by have been promulgated by such date, see , set out as a note under .
Pub. L. 101–508, title IV, § 4716(b)104 Stat. 1388–192
Effective Date of 1989 Amendment
Pub. L. 101–239, title VI, § 6411(i)(4)103 Stat. 2273
Effective Date of 1988 Amendment
Pub. L. 100–647, title VIII, § 8436(b)102 Stat. 3806
Effective Date
section 303(f)(1) of Pub. L. 100–485section 1396a of this titleSection applicable to payments under this subchapter for calendar quarters beginning on or after (or, in the case of the Commonwealth of Kentucky, ) (without regard to whether implementing regulations are promulgated by that date), with respect to families that cease to be eligible for aid under part A of subchapter IV of this chapter on or after that date, see , set out as an Effective Date of 1988 Amendment note under .
References to Provisions of Part A of Subchapter IV Considered References to Such Provisions as in Effect
section 1396u–1(a) of this titleFor provisions that certain references to provisions of part A (§ 601 et seq.) of subchapter IV of this chapter be considered references to such provisions of part A as in effect , see .
Study and Report to Congress on Impact of Medicaid Extension Provisions
Pub. L. 100–485, title III, § 303(c)102 Stat. 2392, , , directed Secretary of Health and Human Services to conduct a study of impact of medicaid extension provisions under this section, with particular focus on costs of such provisions and impact on welfare dependency, and report to Congress on results of such study not later than .