March 27, 2025
Mr. Kennedy of Utah introduced the following bill; which was referred to the Committee on Energy and Commerce
To prohibit implementation of the rule entitled Medicaid Program; Streamlining the Medicaid, Children’s Health Insurance Program, and Basic Health Program Application, Eligibility Determination, Enrollment, and Renewal Processes
, and for other purposes.
Section 1. Short title
This Act may be cited as the Ensuring Medicaid Eligibility Act of 2025
.
Sec. 2. Prohibiting implementation of Medicaid streamlining rule
The Secretary of Health and Human Services may not implement, enforce, or otherwise give effect to the rule entitled Medicaid Program; Streamlining the Medicaid, Children's Health Insurance Program, and Basic Health Program Application, Eligibility Determination, Enrollment, and Renewal Processes
(89 Fed. Reg. 22780) published on April 2, 2024.
Sec. 3. Prohibiting enrollment in the Medicaid program prior to verification of citizenship or satisfactory immigration status; ensuring eligibility
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
(1)
in paragraph (86), by striking and
at the end;
(2)
in paragraph (87), by striking the period and inserting a semicolon; and
(3)
by inserting after paragraph (87) the following new paragraphs:
(88)
provide that no individual is enrolled under such plan (or under a waiver of such plan) prior to the date that such State verifies that such individual is a citizen or national of the United States or an individual in satisfactory immigration status (as defined in section 1137(d)(1)); and
(89)
provide that, in the case of an individual enrolled under such plan (or under a waiver of such plan) whose eligibility is based in part by reference to the income of such individual (as determined under subsection (e)(14)), the eligibility of such individual is verified not less frequently than quarterly.
Sec. 4. Limiting Medicaid coverage of parolees and TPS and DACA recipients
(a) In general
Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended—
(1)
in paragraph (2), in the matter preceding subparagraph (A), by inserting or (5)
after paragraph (1)
; and
(2)
by adding at the end the following new paragraph:
(5)
Notwithstanding sections 401(a), 402(b), and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and any other provision of this title, subject to paragraphs (2) and (4), no payment may be made to a State under this section for medical assistance furnished to an alien who is—
(A)
granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act;
(B)
granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children’ issued on June 15, 2012;
(C)
granted asylum under section 208 of such Act;
(D)
granted temporary protected status under section 244 of such Act; or
(E)
granted withholding of removal under section 241(b)(3) of such Act.
(b) Conforming amendment
Section 1902(a) is amended, in matter at the end, in the last sentence, by inserting or an alien described in section 1903(v)(5)
after color of law
.