I 

108TH CONGRESS 

1ST SESSION H. R. 1689

To amend titles XIX and XXI of the Social Security Act to permit States 

the option of coverage of legal immigrants under the Medicaid Program 

and the State children’s health insurance program (SCHIP). 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2003

Mr. LINCOLN DIAZ-BALART of Florida (for himself, Mr. WAXMAN, Ms. ROSLEHTINEN, Mr. SMITH of New Jersey, Mr. MARIO DIAZ-BALART of Florida, Mr. BROWN of Ohio, Mr. ABERCROMBIE, Mr. PALLONE, Mrs. 

MALONEY, Ms. KILPATRICK, Mrs. NAPOLITANO, Mr. RODRIGUEZ, Mr. 

BECERRA, Mr. GREEN of Texas, Mr. NADLER, Mr. MATSUI, Mr. RANGEL, Mr. TOWNS, Ms. WOOLSEY, Ms. SCHAKOWSKY, Ms. ROYBAL-ALLARD, Mr. DAVIS of Florida, Mr. DELAHUNT, Ms. SOLIS, Mr. ACKERMAN, Mr. LEVIN, Mrs. CHRISTENSEN, Mr. ENGEL, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. BOYD, Mr. GEORGE MILLER of California, 

Mr. STARK, and Ms. DEGETTE) introduced the following bill; which was 

referred to the Committee on Energy and Commerce, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To amend titles XIX and XXI of the Social Security Act 

to permit States the option of coverage of legal immigrants under the Medicaid Program and the State children’s health insurance program (SCHIP).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Legal Immigrant Chil3 dren’s Health Improvement Act of 2003’’. 

4 SEC. 2. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS 

5 UNDER THE MEDICAID PROGRAM AND SCHIP. 

6 (a) MEDICAID PROGRAM.—Section 1903(v) of the 

7 Social Security Act (42 U.S.C. 1396b(v)) is amended—

8 (1) in paragraph (1), by striking ‘‘paragraph 

9 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(4)(A) A State may elect (in a plan amendment 

13 under this title) to provide medical assistance under this 

14 title, notwithstanding sections 401(a), 402(b), 403, and 

15 421 of the Personal Responsibility and Work Opportunity 

16 Reconciliation Act of 1996, for aliens who are lawfully re17 siding in the United States (including battered aliens de18 scribed in section 431(c) of such Act) and who are other19 wise eligible for such assistance, within either or both of 

20 the following eligibility categories: 

21 ‘‘(i) PREGNANT WOMEN.—Women during preg22 nancy (and during the 60-day period beginning on 

23 the last day of the pregnancy). 

24 ‘‘(ii) CHILDREN.—Children (as defined under 

25 such plan), including optional targeted low-income 

26 children described in section 1905(u)(2)(B). 
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1 ‘‘(B) In the case of a State that has elected to provide 

2 medical assistance to a category of aliens under subpara3 graph (A), no debt shall accrue under an affidavit of sup4 port against any sponsor of such an alien on the basis 

5 of provision of assistance to such category and the cost 

6 of such assistance shall not be considered as an unreim7 bursed cost.’’. 

8 (b) SCHIP.—Section 2107(e)(1) of such Act (42 

9 U.S.C. 1397gg(e)(1)) is amended by redesignating sub10 paragraphs (C) and (D) as subparagraph (D) and (E), 

11 respectively, and by inserting after subparagraph (B) the 

12 following new subparagraph: 

13 ‘‘(C) Section 1903(v)(4) (relating to op14 tional coverage of categories of permanent resi15 dent alien children), but only if the State has 

16 elected to apply such section to the category of 

17 children under title XIX.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section take effect on October 1, 2003, and apply to 

20 medical assistance and child health assistance furnished 

21 on or after such date.

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