Bill Will Let Former Foster Youth Keep Health Insurance

School Children
Foster youth will receive health insurance until they turn 26 years old.

WASHINGTON, D.C. – Reps. Karen Bass (D-Calif.) and Jim McDermott (D-Wash.), co-chairs of the Congressional Caucus on Foster Youth, have introduced H.R. 3641, the “Health Insurance for Former Foster Youth Act of 2015.”

The legislation will close a loophole and guarantee that foster youth will still receive health insurance through Medicaid until they turn 26 years old regardless of their state of residence.

The Affordable Care Act aimed to ensure that young people could stay on their parents’ insurance until they turn 26. Because foster youth do not have legal guardians, they lack coverage after age 18. This law would ensure that they can receive Medicaid until age 26 through Medicaid if they decide to move out the state—even if they are attending college, working, or need to leave for personal reasons.

Although 13 states have addressed this issue, foster youth in the remaining 37 states and the District of Columbia still face the choice of leaving a state for new opportunities or keeping their existing health insurance.

“The Affordable Care Act was designed to help young people, and not force them to choose between school in another state or healthcare where they currently live,” said Congresswoman Bass. “I commend the states that have addressed this problem, but now it is time for Congress to provide a permanent fix in federal law.”

According to the Congressional Research Service, between 35% and 60% of youth who enter foster care have at least one chronic or acute health condition such as asthma, cognitive abnormalities, visual and auditory problems, dental decay, and malnutrition that require long-term treatment, and 50% to 75% may benefit from mental health treatment.

More than 140 prominent advocacy organizations support the legislation, including First Focus Campaign for Children, The Alliance for Children’s Rights, American Academy of Pediatrics, American Federation of State, County and Municipal Employees (AFSCME), American Psychological Association, Children’s Defense Fund, Child Welfare League of America, and Foster Family-based Treatment Association.

H.R. 3641 is companion legislation to S.1852, introduced by Senator Bob Casey (D-Pa.).