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Shown Here: Introduced in Senate (03/05/2007)
110th CONGRESS 1st Session
S. 764
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 SENATE OF THE UNITED STATES
March 5, 2007
Mrs. Clinton (for
herself, Ms. Snowe,
Mr. Bingaman, Mr. Nelson of Florida, Mr.
Kerry, Mr. Durbin, and
Ms. Cantwell) introduced the following
bill; which was read twice and referred to the
Committee on
Finance
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).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short
title.
This Act may be cited as
the “Legal Immigrant Children's Health
Improvement Act of 2007”.
SEC. 2. Optional coverage
of legal immigrants under the medicaid program and SCHIP.
(a) Medicaid
program.—Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is
amended—
(1) in paragraph (1),
by striking “paragraph (2)” and inserting “paragraphs (2)
and (4)”; and
(2) by
adding at the end the following new paragraph:
“(4)(A) A State may elect (in a
plan amendment under this title) to provide medical assistance under this
title, notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, for aliens who
are lawfully residing in the United States (including battered aliens described
in section 431(c) of such Act) and who are otherwise eligible for such
assistance, within either or both of the following eligibility
categories:
“(i) PREGNANT WOMEN.—Women
during pregnancy (and during the 60-day period beginning on the last day of the
pregnancy).
“(ii) CHILDREN.—Individuals under 21 years of age,
including optional targeted low-income children described in section
1905(u)(2)(B).
“(B) In the case of a State that has
elected to provide medical assistance to a category of aliens under
subparagraph (A), no debt shall accrue under an affidavit of support against
any sponsor of such an alien on the basis of provision of assistance to such
category and the cost of such assistance shall not be considered as an
unreimbursed
cost.”.
(b) SCHIP.—Section
2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) is amended by redesignating
subparagraphs (C) and (D) as subparagraph (D) and (E), respectively, and by
inserting after subparagraph (B) the following new subparagraph:
“(C) Section 1903(v)(4)
(relating to optional coverage of categories of lawfully residing immigrant
children), but only if the State has elected to apply such section to the
category of children under title
XIX.”.
(c) Effective
date.—The amendments made by this section take effect on October
1, 2007, and apply to medical assistance and child health assistance furnished
on or after such date.