I 

118TH CONGRESS 

1ST SESSION H. R. 5008 

To expand access to health care services for immigrants by removing legal 

and policy barriers to health insurance coverage, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Ms. JAYAPAL (for herself, Ms. BARRAGA ́N, Ms. ADAMS, Mr. BLUMENAUER, 

Ms. BONAMICI, Mr. BOWMAN, Ms. BUSH, Mr. CARSON, Mr. CARTER of 

Louisiana, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Mrs. 

CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARKE of New York, Mr. 

CLEAVER, Mr. CONNOLLY, Mr. CORREA, Ms. CROCKETT, Mr. DOGGETT, 

Mr. ESPAILLAT, Ms. GARCIA of Texas, Mr. GARCI ́A of Illinois, Mr. 

GOMEZ, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. JACOBS, Mr. JOHNSON

of Georgia, Mr. KRISHNAMOORTHI, Ms. LEE of California, Ms. LOFGREN, 

Mr. MCGOVERN, Ms. MENG, Ms. MOORE of Wisconsin, Mr. NADLER, 

Mrs. NAPOLITANO, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. 

PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, Ms. 

SCANLON, Ms. SCHAKOWSKY, Ms. SEWELL, Mr. SOTO, Mr. THANEDAR, 

Ms. TLAIB, Ms. TOKUDA, Mrs. TORRES of California, Mr. TRONE, Mr. 

VEASEY, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON

COLEMAN, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, Mrs. 

TRAHAN, Mr. PANETTA, and Mr. CA ́RDENAS) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on Ways and Means, 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 expand access to health care services for immigrants 

by removing legal and policy barriers to health insurance 

coverage, and for other purposes. 


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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 ‘‘Health Equity and 

5 Access under the Law for Immigrant Families Act of 

6 2023’’ or the ‘‘HEAL for Immigrant Families Act of 

7 2023’’. 

8 SEC. 2. FINDINGS; PURPOSE. 

9 (a) FINDINGS.—Congress finds as follows: 

10 (1) Health insurance coverage reduces harmful 

11 racial, economic, gender, and health inequities by al12 leviating cost barriers to, and increasing utilization 

13 of, necessary health care services, especially among 

14 low-income and underserved populations. 

15 (2) Based solely on their immigration status, 

16 many immigrants and their families face legal and 

17 policy restrictions on their ability to obtain afford18 able health insurance coverage through Medicaid, 

19 the Children’s Health Insurance Program (CHIP), 

20 and the health insurance exchanges. 

21 (3) Lack of health insurance coverage contrib22 utes to persistent inequities in the prevention, diag23 nosis, and treatment of health conditions. This leads 

24 to negative health outcomes for immigrants and 

25 their families, especially Black, Indigenous, Latinx, 


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1 Asian, Pacific Islander, and other Immigrants of 

2 Color. 

3 (4) Black immigrant women often cite cost as 

4 a major barrier to health care. Many who are un5 documented forgo doctor visits altogether due to the 

6 financial burden in addition to consistent racial bias 

7 by medical practitioners and racism in health care. 

8 (5) Nearly half of immigrant women are of re9 productive age. Immigrant women, lesbian, gay, bi10 sexual, transgender, and queer (LGBTQ) immi11 grants, and immigrants with disabilities dispropor12 tionately live in households with low incomes and 

13 lack health insurance coverage. Legal and policy bar14 riers to affordable health insurance coverage signifi15 cantly exacerbate their risk of negative pregnancy16 related and other reproductive and sexual health 

17 outcomes, with lasting health and economic con18 sequences for immigrant women, LGBTQ immi19 grants, immigrants with disabilities, and their fami20 lies and society as a whole. 

21 (6) Denying health insurance coverage or im22 posing waiting periods for health insurance coverage 

23 on the basis of immigration status unfairly hinders 

24 immigrants’ ability to reach and maintain their optiVerDate Sep 11 2014 05:32 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5008.IH H5008

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1 mal levels of health and undermines the economic 

2 well-being of their families. 

3 (7) Like the Hyde amendment’s prohibition on 

4 public insurance coverage for abortion care, immi5 gration-related health care eligibility barriers have 

6 long curtailed access to abortion. In June 2022, in 

7 Dobbs v. Jackson Women’s Health Organization, the 

8 Supreme Court of the United States overturned the 

9 constitutional right to abortion, exacerbating pre-ex10 isting barriers. In the year since the Dobbs decision 

11 was issued, 19 States have banned or restricted 

12 abortion—disproportionately impacting 15 million 

13 women of color and millions of transgender and non14 binary people. Notably, in 2022, 39 percent of all 

15 Latinas living in States that were likely to ban abor16 tion following the Dobbs decision were born outside 

17 of the United States—this group includes people 

18 with varying citizenship statuses, among whom fear 

19 of surveillance may be particularly prevalent, due to 

20 disproportionate investigation and surveillance that 

21 many immigrant communities already face. Bans 

22 and restrictions on abortion exacerbate the fear of 

23 criminalization in immigrant communities, and con24 tribute to a chilling effect that leads many immi25 grants to forego reproductive health care and covVerDate Sep 11 2014 05:32 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5008.IH H5008

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1 erage of any kind as they navigate these intersecting 

2 risks of criminalization. Polling conducted in 2018 

3 found one in four Latina/o voters (24 percent) had 

4 a close family member or friend delay or avoid 

5 health care because of fear related to discriminatory 

6 immigration policies, and one in five (19 percent) 

7 said the same about reproductive health care. 

8 (8) Ensuring access to crucial coverage of re9 productive and sexual health services such as contra10 ception and pregnancy-related care through Med11 icaid and the Affordable Care Act is imperative, with 

12 only half (52 percent) of immigrants at risk of unin13 tended pregnancy receiving contraceptive care in the 

14 previous year. Many immigrants are being denied 

15 the basic human right to make the health care deci16 sions they believe are best for them and their fami17 lies, including abortion care, simply because of their 

18 immigration status. In States along the Southern 

19 Border, immigrant communities are subject to inte20 rior checkpoints that increase the threat of family 

21 separation, deportation, and detention, and com22 pound the harm of abortion restrictions that force 

23 people to travel to obtain care. Immigrants living 

24 without documentation, in particular, may have no 

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1 forcement and abortion restrictions combine to pre2 vent them from traveling to a provider. Further, due 

3 to the high cost of travel associated with the on4 slaught of abortion bans, practical support organiza5 tions that assist with procedure and travel costs 

6 have been experiencing high demand, and struggle 

7 with inadequate resources. Accessing support serv8 ices can be out of reach for those without reliable 

9 technology to research and maintain contact with 

10 support services, or who encounter linguistic barriers 

11 when support services are not able to provide trans12 lators. For many, abortion care will be entirely inac13 cessible due to these compounding barriers, thus ex14 acerbating the need for accessible reproductive and 

15 sexual health services such as contraception and 

16 pregnancy-related and post-pregnancy care. 

17 (9) International human rights standards hold 

18 that governments have an affirmative obligation to 

19 ensure that everyone, including immigrants, can ac20 cess safe, respectful, culturally and linguistically ap21 propriate, and high-quality pregnancy-related care, 

22 including postpartum care, free from discrimination 

23 or violence. Medicaid is the Nation’s single largest 

24 payer for pregnancy-related care. Nevertheless, barVerDate Sep 11 2014 21:21 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5008.IH H5008

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1 riers to health coverage persist for pregnant and 

2 postpartum people, particularly immigrants. 

3 (10) Immigrants—especially Black, Indigenous, 

4 Latinx, Asian, and Pacific Islander immigrants—are 

5 among those most harmed by the United States 

6 pregnancy-related morbidity and mortality epidemic, 

7 which is the worst among high-income nations. 

8 Black people are nearly four times more likely than 

9 White people to suffer pregnancy-related death, and 

10 twice as likely to suffer maternal morbidity. Indige11 nous people are two and a half times more likely 

12 than White people to die from a pregnancy-related 

13 death. The majority of United States pregnancy-re14 lated deaths are preventable. Lack of access to 

15 health care, immigration status, poverty, and expo16 sure to racism, sexism, and xenophobia in and be17 yond the health care system contribute to the dis18 proportionately high number of pregnancy-related 

19 deaths among BIPOC birthing and postpartum peo20 ple. Unnecessary barriers that limit pregnant and 

21 postpartum immigrants’ access to health care under22 mine their health, safety, and human rights. 

23 (11) One in seven United States residents is 

24 foreign-born, approximately one in four children in 

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1 ent, and the population of immigrant families in the 

2 United States is expected to continue to grow in the 

3 coming years. It is therefore in our collective public 

4 health and economic interest to remove legal and 

5 policy barriers to affordable health insurance cov6 erage that are based on immigration status. 

7 (12) Delaying or denying health insurance cov8 erage because of immigration status can impede 

9 mental health and substance use prevention and 

10 early intervention interventions. Not acknowledging 

11 the impacts of trauma can impact mental health and 

12 substance use, and conditions may increase in sever13 ity without appropriate and consistent support and 

14 treatment. 

15 (13) Although individuals granted relief under 

16 the Deferred Action for Childhood Arrivals (DACA) 

17 program are authorized to live and work in the 

18 United States, they have been unfairly excluded 

19 from the definitions of lawfully present and lawfully 

20 residing for purposes of health insurance coverage 

21 provided through the Department of Health and 

22 Human Services, including Medicaid, CHIP, and the 

23 health insurance exchanges. 

24 (14) On April 26, 2023, the Centers for Medi25 care & Medicaid Services (CMS) published a proVerDate Sep 11 2014 05:32 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5008.IH H5008

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1 posed rule that would modify the definition of ‘‘law2 fully present’’ used to determine eligibility for Pa3 tient Protection and Affordable Care Act (ACA) 

4 health plans and certain other health care programs. 

5 Codifying these protections in legislation is crucial to 

6 ensure individuals granted relief under the Deferred 

7 Action for Childhood Arrivals (DACA) program and 

8 those who gain new forms of administrative relief 

9 are not similarly excluded in future administrative 

10 action. This is even more imperative as more than 

11 a quarter of DACA recipients are currently unin12 sured as they await the finalization of the proposed 

13 rule. 

14 (15) Since immigration law evolves constantly, 

15 new immigration categories for individuals with fed16 erally authorized presence in the United States may 

17 be created. 

18 (16) Some States continue to unwisely restrict 

19 Medicaid access for immigrants who have long re20 sided in the United States, fueling significant health 

21 inequities and increasing health care costs for indi22 viduals and the public. 

23 (17) Congress restored Medicaid eligibility for 

24 individuals living in the United States under the 

25 Compacts of Free Association as part of bipartisan 


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1 legislation in December 2020 and should build on 

2 that success by ensuring all immigrants can access 

3 care. 

4 (b) PURPOSE.—It is the purpose of this Act to— 

5 (1) ensure that all individuals who are lawfully 

6 present in the United States are eligible for all fed7 erally funded health care programs; 

8 (2) advance the ability of undocumented indi9 viduals to obtain health insurance coverage through 

10 the health insurance exchanges established under 

11 part II of the Patient Protection and Affordable 

12 Care Act, Public Law 111–148; 

13 (3) eliminate the authority for States to restrict 

14 Medicaid eligibility for lawful permanent residents; 

15 and 

16 (4) eliminate other barriers to accessing Med17 icaid, CHIP, and other medical assistance. 

18 SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR 

19 LAWFULLY RESIDING INDIVIDUALS. 

20 (a) MEDICAID.—Section 1903(v)(4) of the Social Se21 curity Act (42 U.S.C. 1396b(v)(4)) is amended— 

22 (1) by amending subparagraph (A) to read as 

23 follows: 

24 ‘‘(A) Notwithstanding sections 401(a), 

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1 bility and Work Opportunity Reconciliation Act 

2 of 1996, a State shall provide medical assist3 ance under this title, to individuals who are 

4 lawfully residing in the United States (including 

5 individuals described in paragraph (1), battered 

6 individuals described in section 431(c) of such 

7 Act, and individuals with an approved or pend8 ing application for deferred action or other fed9 erally authorized presence), if they otherwise 

10 meet the eligibility requirements for medical as11 sistance under the State plan approved under 

12 this title (other than the requirement of the re13 ceipt of aid or assistance under title IV, supple14 mental security income benefits under title 

15 XVI, or a State supplementary payment).’’; 

16 (2) by amending subparagraph (B) to read as 

17 follows: 

18 ‘‘(B) No debt shall accrue under an affi19 davit of support against any sponsor of an indi20 vidual provided medical assistance under sub21 paragraph (A) on the basis of provision of as22 sistance to such individual and the cost of such 

23 assistance shall not be considered as an unreim24 bursed cost.’’; and 

25 (3) in subparagraph (C)— 


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1 (A) by striking ‘‘an election by the State 

2 under subparagraph (A)’’ and inserting ‘‘the 

3 application of subparagraph (A)’’; 

4 (B) by inserting ‘‘or be lawfully present’’ 

5 after ‘‘lawfully reside’’; and 

6 (C) by inserting ‘‘or present’’ after ‘‘law7 fully residing’’ each place it appears. 

8 (b) CHIP.—Subparagraph (N) of section 2107(e)(1) 

9 of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

10 amended to read as follows: 

11 ‘‘(N) Paragraph (4) of section 1903(v) (re12 lating to lawfully present individuals and un13 documented immigrants).’’. 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this section 

17 shall take effect on the date of enactment of this Act 

18 and shall apply to services furnished on or after the 

19 date that is 90 days after such date of enactment. 

20 (2) EXCEPTION IF STATE LEGISLATION RE21 QUIRED.—In the case of a State plan for medical as22 sistance under title XIX, or a State child health plan 

23 under title XXI, of the Social Security Act which the 

24 Secretary of Health and Human Services determines 

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1 propriating funds) in order for the plan to meet the 

2 additional requirements imposed by the amendments 

3 made by this section, the respective State plan shall 

4 not be regarded as failing to comply with the re5 quirements of such title solely on the basis of its 

6 failure to meet these additional requirements before 

7 the first day of the first calendar quarter beginning 

8 after the close of the first regular session of the 

9 State legislature that begins after the date of enact10 ment of this Act. For purposes of the previous sen11 tence, in the case of a State that has a 2-year legis12 lative session, each year of such session shall be 

13 deemed to be a separate regular session of the State 

14 legislature. 

15 SEC. 4. CONSISTENCY IN HEALTH INSURANCE COVERAGE 

16 FOR INDIVIDUALS WITH FEDERALLY AU17 THORIZED PRESENCE, INCLUDING DE18 FERRED ACTION. 

19 (a) IN GENERAL.—For purposes of eligibility under 

20 any of the provisions described in subsection (b), all indi21 viduals granted federally authorized presence in the 

22 United States shall be considered to be lawfully present 

23 in the United States. 

24 (b) PROVISIONS DESCRIBED.—The provisions de25 scribed in this subsection are the following: 


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1 (1) EXCHANGE ELIGIBILITY.—Section 1411 of 

2 the Patient Protection and Affordable Care Act (42 

3 U.S.C. 18031). 

4 (2) REDUCED COST-SHARING ELIGIBILITY.— 

5 Section 1402 of the Patient Protection and Afford6 able Care Act (42 U.S.C. 18071). 

7 (3) PREMIUM SUBSIDY ELIGIBILITY.—Section 

8 36B of the Internal Revenue Code of 1986 (26 

9 U.S.C. 36B). 

10 (4) MEDICAID AND CHIP ELIGIBILITY.—Titles 

11 XIX and XXI of the Social Security Act, including 

12 under section 1903(v) of such Act (42 U.S.C. 

13 1396b(v)). 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Subsection (a) shall take ef16 fect on the date of enactment of this Act. 

17 (2) TRANSITION THROUGH SPECIAL ENROLL18 MENT PERIOD.—In the case of an individual de19 scribed in subsection (a) who, before the first day of 

20 the first annual open enrollment period under sub21 paragraph (B) of section 1311(c)(6) of the Patient 

22 Protection and Affordable Care Act (42 U.S.C. 

23 18031(c)(6)) beginning after the date of enactment 

24 of this Act, is granted federally authorized presence 

25 in the United States and who, as a result of such 


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1 subsection, qualifies for a subsidy under a provision 

2 described in paragraph (2) or (3) of subsection (b), 

3 the Secretary of Health and Human Services shall 

4 establish a special enrollment period under subpara5 graph (C) of such section 1311(c)(6) during which 

6 such individual may enroll in qualified health plans 

7 through Exchanges under title I of the Patient Pro8 tection and Affordable Care Act and qualify for such 

9 a subsidy. For such an individual who has been 

10 granted federally authorized presence in the United 

11 States as of the date of enactment of this Act, such 

12 special enrollment period shall begin not later than 

13 90 days after such date of enactment. Nothing in 

14 this paragraph shall be construed as affecting the 

15 authority of the Secretary to establish additional 

16 special enrollment periods under such subparagraph 

17 (C). 

18 SEC. 5. REMOVING CITIZENSHIP AND IMMIGRATION BAR19 RIERS TO ACCESS TO AFFORDABLE HEALTH 

20 CARE UNDER THE ACA. 

21 (a) IN GENERAL.— 

22 (1) PREMIUM TAX CREDITS.—Section 36B of 

23 the Internal Revenue Code of 1986 is amended— 

24 (A) in subsection (c)(1)(B)— 


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1 (i) by amending the heading to read 

2 as follows: ‘‘SPECIAL RULE FOR CERTAIN

3 INDIVIDUALS INELIGIBLE FOR MEDICAID

4 DUE TO STATUS’’; and 

5 (ii) by amending clause (ii) to read as 

6 follows: 

7 ‘‘(ii) the taxpayer is a noncitizen who 

8 is not eligible for the Medicaid program 

9 under title XIX of the Social Security Act 

10 by reason of the individual’s immigration 

11 status,’’; and 

12 (B) by striking subsection (e). 

13 (2) COST-SHARING REDUCTIONS.—Section 1402 

14 of the Patient Protection and Affordable Care Act 

15 (42 U.S.C. 18071) is amended by striking sub16 section (e) and redesignating subsection (f) as sub17 section (e). 

18 (3) BASIC HEALTH PROGRAM ELIGIBILITY.— 

19 Section 1331(e)(1)(B) of the Patient Protection and 

20 Affordable Care Act (42 U.S.C. 18051(e)(1)(B)) is 

21 amended by striking ‘‘lawfully present in the United 

22 States,’’. 

23 (4) RESTRICTIONS ON FEDERAL PAYMENTS.— 

24 Section 1412 of the Patient Protection and Afford25 able Care Act (42 U.S.C. 18082) is amended by 


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1 striking subsection (d) and redesignating subsection 

2 (e) as subsection (d). 

3 (5) REQUIREMENT TO MAINTAIN MINIMUM ES4 SENTIAL COVERAGE.—Subsection (d) of section 

5 5000A of the Internal Revenue Code of 1986 is 

6 amended by striking paragraph (3) and by redesig7 nating paragraph (4) as paragraph (3). 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) ESTABLISHMENT OF PROGRAM.—Section 

10 1411(a) of the Patient Protection and Affordable 

11 Care Act (42 U.S.C. 18081(a)) is amended by strik12 ing paragraph (1) and redesignating paragraphs (2), 

13 (3), and (4) as paragraphs (1), (2), and (3), respec14 tively. 

15 (2) QUALIFIED INDIVIDUALS.—Section 1312(f) 

16 of the Patient Protection and Affordable Care Act 

17 (42 U.S.C. 18032(f)) is amended— 

18 (A) in the heading, by striking ‘‘; ACCESS

19 LIMITED TO CITIZENS AND LAWFUL RESI20 DENTS’’; and 

21 (B) by striking paragraph (3). 

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

23 this section shall apply to years, plan years, and taxable 

24 years, as applicable, beginning after December 31, 2023. 


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1 SEC. 6. STATE OPTION TO EXPAND MEDICAID AND CHIP TO 

2 INDIVIDUALS WITHOUT LAWFUL PRESENCE. 

3 (a) MEDICAID.— 

4 (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) 

5 of the Social Security Act (42 U.S.C. 

6 1396a(a)(10)(A)(ii)) is amended— 

7 (A) in subclause (XXII), by striking ‘‘or’’ 

8 at the end; 

9 (B) in subclause (XXIII), by striking the 

10 semicolon and inserting ‘‘; or’’; and 

11 (C) by adding at the end the following new 

12 subclause: 

13 ‘‘(XXIV) who would be eligible 

14 under the State plan (or waiver of 

15 such plan) under this title if they were 

16 citizens of the United States;’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 1905(a) of the Social Security Act (42 U.S.C. 

19 1396d(a)) is amended, in the matter preceding para20 graph (1)— 

21 (A) in the matter designated as clause 

22 (xxvi), by striking ‘‘or’’ at the end; 

23 (B) in the matter designated as clause 

24 (xxvii), by adding ‘‘or’’ at the end; and 

25 (C) by inserting after the matter des26 ignated as clause (xxvii) the following: 


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1 ‘‘(xxviii) individuals described in section 

2 1902(a)(10)(A)(ii)(XXIV),’’. 

3 (b) CHIP.—Title XXI of the Social Security Act (42 

4 U.S.C. 1397aa et seq.) is amended by inserting after sec5 tion 2112 the following new section: 

6 ‘‘SEC. 2112A. STATE OPTION TO PROVIDE COVERAGE FOR 

7 INDIVIDUALS WITHOUT LAWFUL PRESENCE. 

8 ‘‘A State may elect through an amendment to its 

9 State child health plan under section 2102 to treat an in10 dividual as a targeted low-income child or a targeted low11 income pregnant woman for purposes of this title if such 

12 individual would otherwise be included as such a child or 

13 such a pregnant woman (as applicable) under such plan 

14 if the individual were a citizen of the United States.’’. 

15 (c) NONAPPLICATION OF ELIGIBILITY PROHIBI16 TION.—Section 401(a) of the Personal Responsibility and 

17 Work Opportunity Reconciliation Act of 1996 (42 U.S.C. 

18 1611(a)) is amended by adding at the end the following 

19 new sentence: ‘‘The preceding sentence shall not apply 

20 with respect to a noncitizen’s eligibility under a State plan 

21 (or waiver of such plan) under title XIX of the Social Se22 curity Act or under a State child health plan (or waiver 

23 of such plan) under title XXI of such Act to the extent 

24 that such State has elected to make such individual so 


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1 eligible pursuant to section 1902(a)(10)(A)(ii)(XXIV) or 

2 2112A of such Act, respectively.’’. 

3 SEC. 7. PRESERVING ACCESS TO COVERAGE. 

4 (a) IN GENERAL.—Nothing in this Act, including the 

5 amendments made by this Act, shall prevent lawfully 

6 present noncitizens who are ineligible for full benefits 

7 under the Medicaid program under title XIX of the Social 

8 Security Act from securing a credit for which such lawfully 

9 present noncitizens would be eligible under section 

10 36B(c)(1)(B) of the Internal Revenue Code of 1986 and 

11 under the Medicaid provisions for lawfully present nonciti12 zens, as in effect on the date prior to the date of enact13 ment of this Act. 

14 (b) DEFINITION.—For purposes of subsection (a), 

15 the term ‘‘full benefits’’ means, with respect to an indi16 vidual and State, medical assistance for all services cov17 ered under the State plan under title XIX of the Social 

18 Security Act that is not less in amount, duration, or scope, 

19 or is determined by the Secretary of Health and Human 

20 Services to be substantially equivalent to the medical as21 sistance available for an individual described in section 

22 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 

23 1396a(a)(10)(A)(i)). 


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1 SEC. 8. REMOVING BARRIERS TO HEALTH COVERAGE FOR 

2 LAWFULLY PRESENT INDIVIDUALS IN MEDI3 CARE. 

4 (a) PART A.—Section 1818(a)(3) of the Social Secu5 rity Act (42 U.S.C. 1395i–2(a)(3)) is amended by striking 

6 ‘‘an alien’’ and all that follows through ‘‘under this sec7 tion’’ and inserting ‘‘an individual who is lawfully present 

8 in the United States, including individuals with an ap9 proved or pending application for deferred action or other 

10 federally authorized presence’’. 

11 (b) PART B.—Section 1836(2) of the Social Security 

12 Act (42 U.S.C. 1395o(2)) is amended by striking ‘‘an 

13 alien’’ and all that follows through ‘‘under this part’’ and 

14 inserting ‘‘an individual who is lawfully present in the 

15 United States, including individuals with an approved or 

16 pending application for deferred action or other federally 

17 authorized presence’’. 

18 (c) LAWFULLY PRESENT DEFINED.—The term ‘‘law19 fully present’’ shall include, at a minimum, all immigra20 tion categories that are treated as lawfully present for pur21 poses of the title XIX program as amended by section 3. 

Æ 


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