I 

109TH CONGRESS 

1ST SESSION H. R. 1233 

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 

MARCH 10, 2005 

Mr. LINCOLN DIAZ-BALART of Florida (for himself, Mr. WAXMAN, Mr. MARIO

DIAZ-BALART of Florida, Ms. ROS-LEHTINEN, Ms. SOLIS, and Mr. RANGEL) 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legal Immigrant Chil5 dren’s Health Improvement Act of 2005’’. 
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1 SEC. 2. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS 

2 UNDER THE MEDICAID PROGRAM AND SCHIP. 

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

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

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

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

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

8 paragraph: 

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

10 under this title) to provide medical assistance under this 

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

12 421 of the Personal Responsibility and Work Opportunity 

13 Reconciliation Act of 1996, for aliens who are lawfully re14 siding in the United States (including battered aliens de15 scribed in section 431(c) of such Act) and who are other16 wise eligible for such assistance, within either or both of 

17 the following eligibility categories: 

18 ‘‘(i) PREGNANT WOMEN.—Women during preg19 nancy (and during the 60-day period beginning on 

20 the last day of the pregnancy). 

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

22 such plan), including optional targeted low-income 

23 children described in section 1905(u)(2)(B). 

24 ‘‘(B) In the case of a State that has elected to provide 

25 medical assistance to a category of aliens under subpara26 graph (A), no debt shall accrue under an affidavit of sup-
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1 port against any sponsor of such an alien on the basis 

2 of provision of assistance to such category and the cost 

3 of such assistance shall not be considered as an unreim4 bursed cost.’’. 

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

6 U.S.C. 1397gg(e)(1)) is amended by redesignating sub7 paragraphs (C) and (D) as subparagraph (D) and (E), 

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

9 following new subparagraph: 

10 ‘‘(C) Section 1903(v)(4) (relating to op11 tional coverage of categories of permanent resi12 dent alien children), but only if the State has 

13 elected to apply such section to the category of 

14 children under title XIX.’’. 

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

16 this section take effect on October 1, 2005, and apply to 

17 medical assistance and child health assistance furnished 

18 on or after such date. 

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