25.329.12 100th Legislative Session HJR5001
2025 South Dakota Legislature
House Joint Resolution 5001
ENROLLED
AN ACT
A JOINT RESOLUTION, Proposing and submitting to the voters at the next general
election an amendment to the Constitution of the State of South Dakota,
conditioning the requirement of expanded Medicaid on the level of federal
medical assistance.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That at the next general election held in the state, the following amendment to
Article XXI of the Constitution of the State of South Dakota, as set forth in section 2 of this
Joint Resolution, which is hereby agreed to, be submitted to the electors of the state for
approval.
Section 2. That Article XXI, § 10 of the Constitution of the State of South Dakota, be
AMENDED:
§ 10. For the period beginning July 1, 2023, and ending on the day that the federal
medical assistance percentage, described in 42 U.S.C. § 1396d(y) (January 1, 2025), is
reduced below ninety percent, the State of South Dakota shall provide Medicaid benefits
to any person over eighteen and under sixty-five whose income is at or below one hundred
thirty-three percent of the federal poverty level plus five percent of the federal poverty
level for the applicable family size, as authorized by federal law as of January 1, 2021.
Such person shall receive coverage that meets or exceeds the benchmark or benchmark -
equivalent coverage requirements, as such terms are defined by federal law as of January
1, 2021.
The State of South Dakota may not impose greater or additional burdens or
restrictions on eligibility or enrollment standards, methodologies, or practices on any
person eligible under this section than on any person otherwise eligible for Medicaid under
South Dakota law, except that the State of South Dakota may, to the extent permitted by
the United States Department of Health and Human Services, Centers for Medicare and 25.329.12 2 HJR5001
HJR5001 ENROLLED
Medicaid Services, impose a work requirement on any person, eligible under this section,
who has not been diagnosed as being physically or mentally disabled.
No later than March 1, 2023, the Department of Social Services shall submit all
state plan amendments necessary to implement this section to the United States
Department of Health and Human Services, Centers for Medicare and Medicaid Services.
The State of South Dakota shall take all actions necessary to maximize the federal
financial medical assistance percentage in funding medical assistance pursuant to this
section.
This section shall be broadly construed to accomplish its purposes and intents. If
any provision in this section or the application thereof to any person or circumstance is
held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of the section that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this section are
severable. 25.329.12 3 HJR5001
HJR5001 ENROLLED
A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an
amendment to the Constitution of the State of South Dakota, conditioning the requirement of
expanded Medicaid on the level of federal medical assistance.
I certify that the attached Resolution
originated in the:
House as Joint Resolution No. 5001
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Joint Resolution No. 5001
File No. ____
Chapter No. ______
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State