[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5165 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5165
To amend title XIX of the Social Security Act to allow States more
flexibility with respect to using contractors to make eligibility
determinations and redeterminations on behalf of the State Medicaid
plan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 8, 2023
Mr. Carter of Georgia (for himself and Mr. Dunn of Florida) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
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A BILL
To amend title XIX of the Social Security Act to allow States more
flexibility with respect to using contractors to make eligibility
determinations and redeterminations on behalf of the State Medicaid
plan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Staffing Flexibility and
Protection Act of 2023''.
SEC. 2. STATE FLEXIBILITY TO USE CONTRACTORS TO MAKE ELIGIBILITY
DETERMINATIONS AND REDETERMINATIONS ON BEHALF OF A STATE.
(a) Requirements With Respect to Eligibility Determinations.--
Section 1902(a)(5) of the Social Security Act (42 U.S.C. 1396a(a)(5))
is amended by inserting before the semicolon at the end the following:
``, but such determinations of eligibility may be made, at the option
of a State, under a contract with another State or local agency or a
contractor, so long as the contract does not provide incentives for the
agency or contractor to delay eligibility determinations or to deny
eligibility for individuals otherwise eligible for medical
assistance''.
(b) Requirements With Respect to Fair Hearings.--Section 1902(a)(3)
of the Social Security Act (42 U.S.C. 1396a(a)(3)) is amended by
inserting before the semicolon at the end the following: ``, except
that such fair hearing may be conducted, at the option of a State,
under a contract with another State or local agency or a contractor, so
long as such agency or contractor does not provide incentives to delay
a fair hearing or to deny eligibility for an individual otherwise
eligible for medical assistance''.
SEC. 3. PROHIBITING CONFLICTS OF INTEREST.
A State shall not use the flexibility provided under section 2
unless a contractor selected to conduct eligibility determinations or
redeterminations pursuant to the amendments made by such section has no
direct or indirect financial relationship with any Medicaid managed
care organization (as defined in section 1903(m)(1)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(1)(A))), including the network
providers affiliated with such organization, that provides services to
individuals entitled to medical assistance under title XIX of such Act
(42 U.S.C. 1396 et seq.) pursuant to a contract with such State.
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