South Dakota 2025 Regular Session

South Dakota House Bill HJR5001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.329.12 100th Legislative Session HJR5001
	1	+	25.329.11 100th Legislative Session HJR5001
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Joint Resolution 5001
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	A JOINT RESOLUTION, Proposing and submitting to the voters at the next general
12		-	election an amendment to the Constitution of the State of South Dakota,
13		-	conditioning the requirement of expanded Medicaid on the level of federal
14		-	medical assistance.
15		-	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
16		-	Section 1. That at the next general election held in the state, the following amendment to
17		-	Article XXI of the Constitution of the State of South Dakota, as set forth in section 2 of this
18		-	Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for
19		-	approval.
20		-	Section 2. That Article XXI, § 10 of the Constitution of the State of South Dakota, be
21		-	AMENDED:
22		-	§ 10. For the period beginning July 1, 2023, and ending on the day that the federal
23		-	medical assistance percentage, described in 42 U.S.C. § 1396d(y) (January 1, 2025), is
24		-	reduced below ninety percent, the State of South Dakota shall provide Medicaid benefits
25		-	to any person over eighteen and under sixty-five whose income is at or below one hundred
26		-	thirty-three percent of the federal poverty level plus five percent of the federal poverty
27		-	level for the applicable family size, as authorized by federal law as of January 1, 2021.
28		-	Such person shall receive coverage that meets or exceeds the benchmark or benchmark -
29		-	equivalent coverage requirements, as such terms are defined by federal law as of January
30		-	1, 2021.
31		-	The State of South Dakota may not impose greater or additional burdens or
32		-	restrictions on eligibility or enrollment standards, methodologies, or practices on any
33		-	person eligible under this section than on any person otherwise eligible for Medicaid under
34		-	South Dakota law, except that the State of South Dakota may, to the extent permitted by
35		-	the United States Department of Health and Human Services, Centers for Medicare and 25.329.12 2 HJR5001
36		-	HJR5001 ENROLLED
37		-	Medicaid Services, impose a work requirement on any person, eligible under this section,
38		-	who has not been diagnosed as being physically or mentally disabled.
39		-	No later than March 1, 2023, the Department of Social Services shall submit all
40		-	state plan amendments necessary to implement this section to the United States
41		-	Department of Health and Human Services, Centers for Medicare and Medicaid Services.
42		-	The State of South Dakota shall take all actions necessary to maximize the federal
43		-	financial medical assistance percentage in funding medical assistance pursuant to this
44		-	section.
45		-	This section shall be broadly construed to accomplish its purposes and intents. If
46		-	any provision in this section or the application thereof to any person or circumstance is
47		-	held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
48		-	provisions or applications of the section that can be given effect without the invalid or
49		-	unconstitutional provision or application, and to this end the provisions of this section are
50		-	severable. 25.329.12 3 HJR5001
51		-	HJR5001 ENROLLED
52		-	A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an
53		-	amendment to the Constitution of the State of South Dakota, conditioning the requirement of
54		-	expanded Medicaid on the level of federal medical assistance.
55		-
56		-
57		-
58		-
59		-	I certify that the attached Resolution
60		-	originated in the:
61		-
62		-	House as Joint Resolution No. 5001
63		-
64		-
65		-
66		-	Chief Clerk
67		-
68		-
69		-
70		-
71		-	Speaker of the House
72		-
73		-	Attest:
74		-
75		-
76		-
77		-
78		-	Chief Clerk
79		-
80		-
81		-
82		-
83		-	President of the Senate
84		-
85		-	Attest:
86	6
87	7
88	8
89	9
90	10
91		-	Secretary of the Senate
92	11
	12	+	Introduced by: Representative Venhuizen
93	13
94		-
95		-	House Joint Resolution No. 5001
96		-	File No. ____
97		-	Chapter No. ______
98		-
99		-
100		-
101		-	STATE OF SOUTH DAKOTA ,
102		-	ss.
103		-	Office of the Secretary of State
104		-
105		-
106		-	Filed ____________, 2025
107		-	at _________ o'clock __M.
108		-
109		-
110		-
111		-
112		-
113		-	Secretary of State
114		-
115		-
116		-
117		-	By
118		-	Asst. Secretary of State
119		-
120		-
121		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	A JOINT RESOLUTION, Proposing and submitting to the voters at the next general 1
	17	+	election an amendment to the Constitution of the State of South Dakota, 2
	18	+	conditioning the requirement of expanded Medicaid on the level of federal 3
	19	+	medical assistance. 4
	20	+	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5
	21	+	Section 1. That at the next general election held in the state, the following amendment to 6
	22	+	Article XXI of the Constitution of the State of South Dakota, as set forth in section 2 of this 7
	23	+	Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for 8
	24	+	approval. 9
	25	+	Section 2. That Article XXI, § 10 of the Constitution of the State of South Dakota, be 10
	26	+	AMENDED: 11
	27	+	§ 10. Beginning For the period beginning July 1, 2023, and ending on the day that 12
	28	+	the federal medical assistance percentage, described in 42 U.S.C. § 1396d(y) (January 1, 13
	29	+	2025), is reduced below ninety percent, the State of South Dakota shall provide Medicaid 14
	30	+	benefits to any person over eighteen and under sixty-five whose income is at or below 15
	31	+	one hundred thirty-three percent of the federal poverty level plus five percent of the 16
	32	+	federal poverty level for the applicable family size, as authorized by federal law as of 17
	33	+	January 1, 2021. Such person shall receive coverage that meets or exceeds the 18
	34	+	benchmark or benchmark -equivalent coverage requirements, as such terms are defined 19
	35	+	by federal law as of January 1, 2021. 20
	36	+	The State of South Dakota may not impose greater or additional burdens or 21
	37	+	restrictions on eligibility or enrollment standards, methodologies, or practices on any 22
	38	+	person eligible under this section than on any person otherwise eligible for Medicaid under 23
	39	+	South Dakota law, except that the State of South Dakota may, to the extent permitted by 24
	40	+	the United States Department of Health and Human Services, Centers for Medicare and 25 25.329.11 2 HJR5001
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	Medicaid Services, impose a work requirement on any person, eligible under this section, 1
	44	+	who has not been diagnosed as being physically or mentally disabled. 2
	45	+	No later than March 1, 2023, the Department of Social Services shall submit all 3
	46	+	state plan amendments necessary to implement this section to the United States 4
	47	+	Department of Health and Human Services, Centers for Medicare and Medicaid Services. 5
	48	+	The State of South Dakota shall take all actions necessary to maximize the federal 6
	49	+	financial medical assistance percentage in funding medical assistance pursuant to this 7
	50	+	section. 8
	51	+	This section shall be broadly construed to accomplish its purposes and intents. If 9
	52	+	any provision in this section or the application thereof to any person or circumstance is 10
	53	+	held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other 11
	54	+	provisions or applications of the section that can be given effect without the invalid or 12
	55	+	unconstitutional provision or application, and to this end the provisions of this section are 13
	56	+	severable. 14