Sec. 4006. Removing barriers to access to affordable health care for lawfully residing immigrants under Medicaid and CHIP
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/bill/117/s/4486/is/section-4006·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), as amended by section 4003(g)(2), is amended by adding at the end the following: Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a State shall provide medical assistance under this title to individuals who are lawfully residing in the United States (including individuals described in paragraph (1), battered individuals described in section 431(c) of such Act, and individuals with an approved or pending application for deferred action or other federally authorized presence), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment).
No debt shall accrue under an affidavit of support against any sponsor of an individual provided medical assistance under subparagraph
(A)on the basis of provision of assistance to such individual and the cost of such assistance shall not be considered as an unreimbursed cost. As part of the State's ongoing eligibility redetermination requirements and procedures for an individual provided medical assistance as a result of the application of subparagraph (A), a State shall verify that the individual continues to lawfully reside or be lawfully present in the United States using the documentation presented to the State by the individual on initial enrollment. If the State cannot successfully verify that the individual is lawfully residing or present in the United States in this manner, it shall require that the individual provide the State with further documentation or other evidence to verify that the individual is lawfully residing or present in the United States. . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ), as amended by section 4003(f), is amended by inserting after subparagraph
(N)the following new subparagraph: Paragraph
(4)of section 1903(v) (relating to lawfully residing individuals). . Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of enactment. In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the respective State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. Nothing in this section, including the amendments made by this section, shall prevent lawfully present noncitizens who are ineligible for full benefits under the Medicaid program under title XIX of the Social Security Act from securing a credit for which such lawfully present noncitizens would be eligible under section 36B(c)(1)(B) of the Internal Revenue Code of 1986 and under the Medicaid provisions for lawfully present noncitizens, as in effect on the date prior to the date of enactment of this Act. For purposes of paragraph (1), the term full benefits means, with respect to an individual and State, medical assistance for all services covered under the State plan under title XIX of the Social Security Act that is not less in amount, duration, or scope, or is determined by the Secretary of Health and Human Services to be substantially equivalent to the medical assistance available for an individual described in section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ).
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Sec. 4006
Removing barriers to access to affordable health care for lawfully residing immigrants under Medicaid and CHIP
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