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SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 103
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
3379S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing section 36(c) of article IV
of the Constitution of Missouri, and adopting one new section in lieu thereof relating
to MO HealthNet.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article IV of the 6
Constitution of the state of Missouri:7
Section A. Section 36(c), article IV, Constitution of 1
Missouri, is repealed and one new section adopted in lieu 2
thereof, to be known as section 36(c), to read as follows:3
Section 36(c). 1. Notwithstanding any provision of 1
law to the contrary, beginning July 1, 2021, individuals 2
nineteen years of age or older and under sixty-five years of 3
age who qualify for MO HealthNet services under 42 U.S.C. 4
Section 1396a(a)(10)(A)(i)(VIII) and as set forth in 42 5
C.F.R. 435.119, and who have income at or below one hundred 6
thirty-three percent of the federal poverty level plus five 7
percent of the applicable family size as determined under 42 8
U.S.C. Section 1396a(e)(14) and as set forth in 42 C.F.R. 9
435.603, shall be eligible for medical assistance under MO 10
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HealthNet and shall receive coverage for the health benefits 11
service package. 12
2. For purposes of this section "health benefits 13
service package" shall mean benefits covered by the MO 14
HealthNet program as determined by the department of social 15
services to meet the benchmark or benchmark-equivalent 16
coverage requirement under 42 U.S.C. Section 1396a(k)(1) and 17
any implementing regulations. 18
3. No later than March 1, 2021, the Department of 19
Social Services and the MO HealthNet Division shall submit 20
all state plan amendments necessary to implement this 21
section to the United States Department of Health and Human 22
Services, Centers for Medicare and Medicaid Services. 23
4. The Department of Social Services and the MO 24
HealthNet Division shall take all actions necessary to 25
maximize federal financial participation in funding medical 26
assistance pursuant to this section. 27
5. No greater or additional burdens or restrictions on 28
eligibility or enrollment standards, methodologies, or 29
practices shall be imposed on persons eligible for MO 30
HealthNet services pursuant to this section than on any 31
other population eligible for medical assistance; provided, 32
that the general assembly may authorize the implementation 33
of work and community engagement requirements. 34
6. All references to federal or state statutes, 35
regulations or rules in this section shall be to the version 36
of those statutes, regulations or rules that existed on 37
January 1, 2019. 38
Section B. Pursuant to chapter 116, and other 1
applicable constitutional provisions and laws of this state 2
allowing the general assembly to adopt ballot language for 3
the submission of this joint resolution to the voters of 4
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this state, the official summary statement of this 5
resolution shall be as follows: 6
"Shall the Missouri Constitution be amended to 7
permit the use of work and community engagement 8
requirements for able-bodied adult Medicaid 9
recipients?". 10
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