119-HR4209

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4209

1. Short title
2. Prohibiting Federal financial participation under Medicaid and CHIP for individuals without verified citizenship, nationality, or satisfactory immigration status

1. Short title

This Act may be cited as the "No Medicaid for Illegals Act".

2. Prohibiting Federal financial participation under Medicaid and CHIP for individuals without verified citizenship, nationality, or satisfactory immigration status

(a) In general

(1) Medicaid - Section 1903(i)(22) of the Social Security Act (42 U.S.C. 1396b(i)(22)) is amended—

(A) - by adding "and" at the end;

(B) - by striking "to amounts" and inserting

(A) - amounts

(C) - by adding at the end the following new subparagraph:

(B) - in the case that the State elects under section 1902(a)(46)(C) to provide for making medical assistance available to an individual during—

(i) - the period in which the individual is provided the reasonable opportunity to present satisfactory documentary evidence of citizenship or nationality under section 1902(ee)(2)(C) or subsection (x)(4);

(ii) - the 90-day period described in section 1902(ee)(1)(B)(ii)(II); or

(iii) - the period in which the individual is provided the reasonable opportunity to submit evidence indicating a satisfactory immigration status under section 1137(d)(4),

(2) CHIP - Section 2107(e)(1)(N) of the Social Security Act (42 U.S.C. 1397gg(e)(1)(N)) is amended by striking "and (17)" and inserting "(17), and (22)".

(b) Eliminating State requirement To provide medical assistance during reasonable opportunity period

(1) Documentary evidence of citizenship or nationality - Section 1903(x)(4) of the Social Security Act (42 U.S.C. 1396b(x)) is amended—

(A) - by striking "under clauses (i) and (ii) of section 1137(d)(4)(A)" and inserting "under section 1137(d)(4)"; and

(B) - by inserting ", except that the State shall not be required to make medical assistance available to such individual during the period in which such individual is provided such reasonable opportunity if the State has not elected the option under section 1902(a)(46)(C)" before the period at the end.

(2) Social Security data match - Section 1902(ee) of the Social Security Act (42 U.S.C. 1396a(ee)) is amended—

(A) - in paragraph (1)(B)(ii)—

(i) - in subclause (II), by striking "(and continues to provide the individual with medical assistance during such 90-day period)" and inserting "and, if the State has elected the option under subsection (a)(46)(C), continues to provide the individual with medical assistance during such 90-day period"; and

(ii) - in subclause (III), by inserting ", or denies eligibility for medical assistance under this title for such individual, as applicable" after "under this title"; and

(B) - in paragraph (2)(C)—

(i) - by striking "under clauses (i) and (ii) of section 1137(d)(4)(A)" and inserting "under section 1137(d)(4)"; and

(ii) - by inserting ", except that the State shall not be required to make medical assistance available to such individual during the period in which such individual is provided such reasonable opportunity if the State has not elected the option under section 1902(a)(46)(C)" before the period at the end.

(3) Individuals with satisfactory immigration status - Section 1137(d)(4) of the Social Security Act (42 U.S.C. 1320b–7(d)(4)) is amended—

(A) - in subparagraph (A)(ii), by inserting "(except that such prohibition on delay, denial, reduction, or termination of eligibility for benefits under the Medicaid program under title XIX shall apply only if the State has elected the option under section 1902(a)(46)(C))" after "has been provided"; and

(B) - in subparagraph (B)(ii), by inserting "(except that such prohibition on delay, denial, reduction, or termination of eligibility for benefits under the Medicaid program under title XIX shall apply only if the State has elected the option under section 1902(a)(46)(C))" after "status".

(c) Option To continue providing medical assistance during reasonable opportunity period

(1) Medicaid - Section 1902(a)(46) of the Social Security Act (42 U.S.C. 1396a(a)(46)) is amended—

(A) - in subparagraph (A), by striking "and" at the end;

(B) - in subparagraph (B)(ii), by adding "and" at the end; and

(C) - by inserting after subparagraph (B)(ii) the following new subparagraph:

(C) - provide, at the option of the State, for making medical assistance available—

(i) - to an individual described in subparagraph (B) during the period in which such individual is provided the reasonable opportunity to present satisfactory documentary evidence of citizenship or nationality under subsection (ee)(2)(C) or section 1903(x)(4), or during the 90-day period described in subsection (ee)(1)(B)(ii)(II); or

(ii) - to an individual who is not a citizen or national of the United States during the period in which such individual is provided the reasonable opportunity to submit evidence indicating a satisfactory immigration status under section 1137(d)(4);

(2) CHIP - Section 2105(c)(9) of the Social Security Act (42 U.S.C. 1397ee(c)(9)) is amended by adding at the end the following new subparagraph:

(C) Option to continue providing child health assistance during reasonable opportunity period - Section 1902(a)(46)(C) shall apply to States under this title in the same manner as it applies to a State under title XIX.

(d) Effective date - The amendments made by this section shall apply beginning on the date of the enactment of this Act.