Care for Military Kids Act of 2025
- Bill Number
- H.R. 3399
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-05-14: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-06-11T18:11:30Z
AI-Generated Summary
Purpose of the Legislation
The "Care for Military Kids Act of 2025" (H.R. 3399) aims to ensure that military families maintain access to Medicaid health coverage and related services when they relocate to a new state due to active duty service. It addresses challenges faced by these families in determining residency and eligibility under Medicaid, a joint federal-state program that provides health coverage to low-income individuals, including long-term care services.
Key Provisions
- Residency Determination for Military Families: Starting January 1, 2028, state Medicaid plans must treat "active duty relocated individuals" (defined below) as residents of the new state for eligibility purposes, unless they choose to opt out. This applies to medical assistance under the state plan or approved waivers.
- Protection of Waiting List Status: If an individual is on a waiting list for home and community-based services (HCBS)—non-institutional long-term care options like in-home support for people with disabilities or the elderly—at the time of relocation, they must remain on that list in the new state until:
- The state assesses their eligibility and decides on services when a slot opens, followed by any appeal process (fair hearing) if denied; or
- They choose to be removed.
- Coverage and Payment in New State: States must provide and pay for Medicaid services in the relocation state, following guidance from the U.S. Department of Health and Human Services (HHS) to ensure access.
- Definitions:
- Active Duty Relocated Individual: Includes:
- Enrolled Medicaid recipients who are active duty Armed Forces members relocated due to service, recent retirees (within 12 months of leaving active duty), or their dependents who move with them.
- Those receiving HCBS at relocation or on an HCBS waiting list (for states with limits on HCBS slots under specific Medicaid waivers).
- HCBS Waiting List: A state-maintained list of people seeking HCBS but awaiting assessment and approval due to enrollment caps.
- Implementation Funding: Allocates $1 million annually from 2026 through 2030 to HHS for putting these changes into effect.
- Effective Date: Takes effect upon enactment, but states needing new laws (beyond just funding) get a delay until the first calendar quarter after their next legislative session (up to one year post-enactment; two-year sessions count each year separately).
Significant Changes to Existing Law
- Amends Section 1902(a) of the Social Security Act (which outlines required elements of state Medicaid plans) by adding a new paragraph (88) on residency and coverage rules for military relocations.
- Introduces a new subsection (uu) with definitions for key terms, clarifying how these rules apply specifically to military contexts.
- Shifts from standard Medicaid residency rules (often based on physical presence and intent to stay) to a presumption of residency for relocating military families, preventing automatic loss of coverage. It also mandates continuity for HCBS waiting lists, which previously could reset or end upon state changes.
Potential Impacts
- On Citizens: Military families, especially dependents needing long-term care, gain seamless access to Medicaid without re-establishing eligibility or losing waitlist priority during frequent moves (military families relocate every 2-3 years on average). This reduces gaps in health services, particularly for children and those with disabilities.
- On Government Agencies: State Medicaid programs must update plans, systems, and processes to track relocations and waiting lists, potentially increasing administrative workload but offset by federal funding. HHS will issue guidance and oversee compliance, promoting uniformity across states.
- On International Relations: No direct impact, as the bill focuses on domestic U.S. military personnel and their families.
Main Stakeholders Affected
- Military Families: Active duty members, recent retirees (within 12 months), and dependents enrolled in Medicaid or seeking HCBS, who benefit from protected coverage.
- State Medicaid Agencies: Responsible for implementing changes, maintaining waiting lists, and providing services in new locations.
- U.S. Department of Health and Human Services (HHS): Oversees federal Medicaid rules, provides implementation funding, and issues access guidance.
- Healthcare Providers: Particularly those offering HCBS, who may see sustained or increased enrollment from relocating families.
- Armed Forces and Military Support Organizations: Indirectly supported through better family health stability, potentially aiding retention and morale.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces Medicaid's flexibility for transient populations by overriding traditional state residency tests (e.g., domicile requirements), ensuring compliance without federal overreach into state plans. The opt-out provision and fair hearing rights align with due process standards.
- Constitutional: Supports equal protection under the 14th Amendment by addressing disparities for military personnel, a group protected in cases like uniform treatment across states (e.g., privileges and immunities clause). No apparent conflicts with federalism, as it builds on existing Medicaid waiver authorities.
- Political: Introduced bipartisanship (by Reps. Kiggans (R-VA) and Kaptur (D-OH)) highlights cross-party support for military families. Referred to the House Energy and Commerce Committee, it could influence broader discussions on veteran and family support in federal budgets, without major controversy as it targets a non-partisan issue.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Kiggans, Jennifer A. [R-VA-2]
Cosponsors (1)
Recent Actions
- 2025-05-14: Referred to the House Committee on Energy and Commerce.
- 2025-05-14: Introduced in House
- 2025-05-14: Introduced in House
Bill Versions
- Care for Military Kids Act of 2025 — issued 2025-05-14 — PDF (7 pages)