[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2410 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2410

 To amend titles XIX and XXI of the Social Security Act to give States 
 the option of providing medical assistance to certain legal immigrant 
  children and to increase allotments to territories under the State 
                  Children's Health Insurance Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1998

Mr. Graham (for himself, Mr. Moynihan, and Mr. D'Amato) 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 give States 
 the option of providing medical assistance to certain legal immigrant 
  children and to increase allotments to territories under the State 
                  Children's Health Insurance Program.

    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 ``Medicaid and Children's Health 
Improvement Amendments of 1998''.

SEC. 2. STATE OPTION TO COVER LEGAL IMMIGRANT CHILDREN UNDER MEDICAID 
              AND THE CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) Medicaid.--Section 1902(a)(10)(A)(ii) of the Social Security 
Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
            (1) by striking ``or'' at the end of subclause (XIII);
            (2) by adding ``or'' at the end of subclause (XIV); and
            (3) by adding after subclause (XIV) the following new 
        subclause:
                                    ``(XV) who are described in section 
                                1905(a)(i) and who would be eligible 
                                for medical assistance (or for a 
                                greater amount of medical assistance) 
                                under the State plan under this title 
                                but for the provisions of section 403 
                                or section 421 of Public Law 104-193, 
                                but the State may not exercise the 
                                option of providing medical assistance 
                                under this subclause with respect to a 
                                subcategory of individuals described in 
                                this subclause;''.
    (b) Children's Health Insurance Program.--Section 2110(b) of the 
Social Security Act (42 U.S.C. 1397jj(b)) is amended--
            (1) in paragraph (1)(A), by inserting before the semicolon 
        ``(including, at the option of the State, a child described in 
        paragraph (3)(B))''; and
            (2) in paragraph (3)--
                    (A) by striking ``Special Rule.--'' and inserting 
                ``Special Rules.--
                    ``(A) Health insurance coverage.--'';
                    (B) by indenting the remainder of the text 
                accordingly; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) Eligibility for legal immigrant children.--
                For purposes of paragraph (1)(A), a child is described 
                in this subparagraph if--
                            ``(i) the child would be determined 
                        eligible for child health assistance under this 
                        title but for provisions of sections 403 and 
                        section 421 of Public Law 104-193; and
                            ``(ii) the State exercises the option to 
                        provide medical assistance to the category of 
                        individuals described in section 
                        1902(a)(10)(A)(ii)(XV).''.

SEC. 3. INCREASED ALLOTMENTS UNDER CHILDREN'S HEALTH INSURANCE PROGRAM 
              FOR TERRITORIES.

    (a) In General.--Section 2104(c) of the Social Security Act (42 
U.S.C. 1397dd(c)) is amended by adding at the end the following new 
paragraph:
            ``(4) Additional allotment.--
                    ``(A) In general.--In addition to the allotment 
                under paragraph (1), the Secretary shall allot each 
                commonwealth and territory described in paragraph (3) 
                the applicable percentage specified in paragraph (2) of 
                the amount appropriated under subparagraph (B).
                    ``(B) Appropriation.--For purposes of providing 
                allotments pursuant to subparagraph (A), there is 
                appropriated, out of any money in the Treasury not 
                otherwise appropriated--
                            ``(i) $34,200,000 for each of fiscal years 
                        1999 through 2001;
                            ``(ii) $25,200,000 for each of fiscal years 
                        2002 through 2004;
                            ``(iii) $32,400,000 for each of fiscal 
                        years 2005 and 2006; and
                            ``(iv) $40,000,000 for fiscal year 2007.''.
    (b) Conforming Amendment.--Section 2104(b)(1) of such Act (42 
U.S.C. 1397dd(b)(1)) is amended by inserting ``(determined without 
regard to paragraph (4) thereof)'' after ``subsection (c)''.
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