text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Reinstatement of Enrollment for 
  Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act''.
  
  SEC. 2. REINSTATEMENT OF ENROLLMENT FOR MEDICAID AND SCHIP BENEFITS FOR 
                CERTAIN YOUTH UPON RELEASE FROM PUBLIC INSTITUTIONS.
  
      (a) Application to Medicaid.--Section 1902(a) of the Social 
  Security Act (42 U.S.C. 1396b) is amended--
              (1) by striking ``and'' at the end of paragraph (69);
              (2) by striking the period at the end of paragraph (70) and 
          inserting ``; and''; and
              (3) by inserting after paragraph (70) the following new 
          paragraph:
              ``(71) provide that in the case of any individual who is a 
          youth, as determined under the State plan for purposes of 
          eligibility for medical assistance under such plan, as of the 
          date of becoming an inmate of a public institution and who is a 
          youth (as so determined) at the time of release from such 
          institution, if the individual was enrolled for medical 
          assistance under the State plan immediately before becoming 
          such an inmate the State must suspend, rather than terminate, 
          such enrollment for such individual during the period in which 
          such individual is such an inmate in a manner such that--
                      ``(A) the enrollment of such individual shall be 
                  reinstated upon release from such institution unless 
                  and until there is a determination that the individual 
                  is no longer eligible to be so enrolled; and
                      ``(B) any period of continuous eligibility in 
                  effect on the date the individual became such an inmate 
                  shall be reinstated as of the date of the release and 
                  the duration of such period shall be determined without 
                  regard to the period in which the individual was such 
                  an inmate.''.
      (b) Application to SCHIP.--Section 2102(b)(1) of the Social 
  Security Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end 
  the following new subparagraph:
                      ``(C) Reinstatement of enrollment for certain youth 
                  upon release from public institutions.--A State child 
                  health plan shall provide that in the case of any child 
                  who becomes an inmate of a public institution and who 
                  is still a child at the time of release from such 
                  institution, if the child was enrolled for child health 
                  assistance under the State child health plan 
                  immediately before becoming such an inmate the State 
                  must suspend, rather than terminate, such enrollment 
                  for such child during the period in which such child is 
                  such an inmate in a manner such that--
                              ``(i) the enrollment of such child shall be 
                          reinstated upon release from such institution 
                          unless and until there is a determination that 
                          the child is no longer eligible to be so 
                          enrolled; and
                              ``(ii) any period of continuous eligibility 
                          in effect on the date the child became such an 
                          inmate shall be reinstated as of the date of 
                          the release and the duration of such period 
                          shall be determined without regard to the 
                          period in which the child was such an 
                          inmate.''.
      (c) Effective Date.--
              (1) In general.--Subject to paragraph (2), the amendments 
          made by this section shall apply to individuals who become 
          inmates of a public institution on or after January 1, 2009.
              (2) Exception if state legislation required.--In the case 
          of a State plan for medical assistance under title XIX of the 
          Social Security Act, or a State child health plan for child 
          health assistance under title XXI of such Act, which the 
          Secretary of Health and Human Services determines requires 
          State legislation (other than legislation appropriating funds) 
          in order for the plan to meet the additional requirement 
          imposed by the amendment made by subsection (a)(3) or (b), 
          respectively, the State plan or State child health plan, 
          respectively, shall not be regarded as failing to comply with 
          the requirements of such title solely on the basis of its 
          failure to meet such respective additional requirement before 
          the first day of the first calendar quarter beginning after the 
          close of the first regular session of the State legislature 
          that begins after the date of the enactment of this Act. For 
          purposes of the previous sentence, in the case of a State that 
          has a 2-year legislative session, each year of such session 
          shall be deemed to be a separate regular session of the State 
          legislature.
target: Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require a state plan to provide for the reinstatement to enrollment for medical assistance and child health assistance upon release from a public institution of an individual youth who was enrolled for such assistance immediately before becoming an inmate of such institution.
feat_title: To amend titles XIX and XXI of the Social Security Act to provide for the reinstatement of enrollment for medical assistance and child health assistance of certain youth who were enrolled for such assistance immediately before becoming inmates of public institutions upon the release of such youth from such institutions.