I

107TH CONGRESS

1ST SESSION H. R. 1143

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 21, 2001

Mr. DIAZ-BALART (for himself, Mr. WAXMAN, Ms. ROS-LEHTINEN, Mr.

FOLEY, Mr. GILMAN, Mr. GREEN of Texas, Mr. GUTIERREZ, Mr. KING,

Mr. LEVIN, Mr. MENENDEZ, Mrs. MORELLA, Mr. RODRIGUEZ, and Ms.

ROYBAL-ALLARD) 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 2001’’.
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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)) as amended by section 803 of the

7 Medicare, Medicaid, and SCHIP Benefits Improvement

8 and Protection Act of 2000, as enacted into law by section

9 1(a)(6) of Public Law 106–554, is amended by redesig10 nating subparagraphs (C) and (D) as subparagraph (D)

11 and (E), respectively, and by inserting after subparagraph

12 (B) the 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, 2001, and apply to

20 medical assistance and child health assistance furnished

21 on or after such date.

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