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South Dakota · Constitutional Amendment J

An Amendment to the South Dakota Constitution that Repeals Expanded Medicaid Coverage if Federal Funding for the Program Drops below 90%.

This legislatively referred amendment changes Article XXI, § 10 of the South Dakota Constitution, which requires the State to provide Medicaid benefits to any person over 18 and under 65 whose income is at or below 133% of the federal poverty level plus 5%. The amendment adds an end date to that requirement: the requirement would end on the day the federal medical assistance percentage for this coverage is reduced below ninety percent. Other provisions of § 10, including the work-requirement and state-plan-amendment language, are retained.

A yes vote means

Vote Yes to adopt the amendment

A no vote means

Vote No to leave the Constitution as it is.

Key points

  • 1Amends Article XXI, § 10 of the South Dakota Constitution; proposed by the Legislature through House Joint Resolution 5001.
  • 2The official summary says voters approved Constitutional Amendment D in the 2022 General Election, which expanded Medicaid eligibility and requires the State to cover anyone over 18 and under 65 with income at or below 133% of the federal poverty level plus 5% for the applicable family size.
  • 3The amended § 10 would apply '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.'
  • 4The official summary states that federal law currently requires the federal government to fund 90% of South Dakota's Medicaid expansion.
  • 5The official summary states that if federal funding drops below 90%, Medicaid coverage would again apply only to low-income children, pregnant women, disabled individuals, and the elderly.

Official South Dakota Secretary of State / voter-guide content.

From official state and federal legislative records. Informational only, not legal advice.