To provide assisted living assistance through Medicaid and low-income housing tax credit.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8662 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8662

 To provide assisted living assistance through Medicaid and low-income
                          housing tax credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2026

Mr. Miller of Ohio introduced the following bill; which was referred to
 the Committee on Ways and Means, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
  Speaker, in each case for consideration of such provisions as fall
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 To provide assisted living assistance through Medicaid and low-income
                          housing tax credit.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. COVERAGE OF SERVICES IN AN ASSISTED LIVING RESIDENCE UNDER
              MEDICAID.

    (a) Definition of Medical Assistance.--Section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) is amended--
            (1) in paragraph (31), by striking ``and'' after the
        semicolon;
            (2) by redesignating paragraph (32) as paragraph (33); and
            (3) by inserting after paragraph (31), the following new
        paragraph:
            ``(32) services provided in an assisted living residence
        consistent with State law permitting such services, including
        to individuals who would require the level of care provided in
        a hospital or nursing facility, the cost of which could be
        reimbursed under the State plan (or a waiver of such plan), and
        who meet the State's income and resources requirements adopted
        under section 1902(a)(10)(A)(i)(V) and for whom the estimated
        annual average per capita total Medicaid cost for all services
        for individuals receiving services in an assisted living
        residence would be no greater than the estimated annual average
        per capita total Medicaid cost for all services that would have
        been incurred had those individuals received services in a
        hospital or nursing facility; and''.
    (b) Mandatory Benefit.--Section 1902(a)(10)(A) of such Act (42
U.S.C. 1396a(a)(10)(A)) is amended in the matter preceding clause (i),
by striking ``and (30)'' and inserting ``(30), and (32)''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on January 1,
        2027.
            (2) Delay permitted if state legislation required.--In the
        case of a State plan approved under title XIX of the Social
        Security Act (42 U.S.C. 1396 et seq.) 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 requirements imposed by the
        amendments made by this section, the State plan shall not be
        regarded as failing to comply with the requirements of such
        title XIX solely on the basis of the failure of the plan to
        meet such additional requirements before the first day of the
        first calendar quarter beginning after the close of the first
        regular session of the State legislature that ends after the 1-
        year period beginning with the date of the enactment of this
        section. For purposes of the preceding sentence, in the case of
        a State that has a 2-year legislative session, each year of the
        session is deemed to be a separate regular session of the State
        legislature.

SEC. 2. SELECTION CRITERIA FOR QUALIFIED ALLOCATION PLAN UNDER THE LOW-
              INCOME HOUSING TAX CREDIT.

    (a) In General.--Subparagraph (C) of section 42(m)(1) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ix), by striking the period at the end of clause (x) and
inserting ``, and'', and by adding at the end the following new clause:
                            ``(xi) projects which reduce the medical
                        assistance costs of long-term services and
                        supports for the elderly by providing such
                        services and supports in a non-institutional
                        setting.''.
    (b) Effective Date.--The amendments made by this section shall
apply to allocations made after January 1, 2027.
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