[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2685 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2685

   To amend titles XIX and XXI of the Social Security Act to provide 
  States with the option to cover certain legal immigrants under the 
        medicaid and State children's health insurance programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2004

  Mr. Graham of Florida 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 provide 
  States with the option to cover certain legal immigrants under the 
        medicaid and State children's health insurance programs.

    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 ``Immigrant Children's Health 
Improvement Act of 2004''.

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:
    ``(4)(A) A State may elect (in a plan amendment under this title) 
to provide medical assistance under this title for aliens who are 
lawfully residing in the United States (including battered aliens 
described in section 431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996) and who are otherwise eligible 
for such assistance, within any 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.--Children (as defined under such plan), 
        including optional targeted low-income children described in 
        section 1905(u)(2)(B).
    ``(B)(i) 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.
    ``(ii) The provisions of sections 401(a), 402(b), 403, and 421 of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not apply to a State that makes an election under 
subparagraph (A).''.
    (b) Title XXI.--Section 2107(e)(1) of the Social Security Act (42 
U.S.C. 1397gg(e)(1)) is amended by adding at the end the following:
                    ``(E) Section 1903(v)(4) (relating to optional 
                coverage of permanent resident alien children), but 
                only if the State has elected to apply such section to 
                that category of children under title XIX.''.
    (c) Extension of Conveyance/Passenger Customs User Fees.--Section 
13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) by striking ``Fees'' and inserting ``(A) Except as 
        provided in subparagraph (B), fees''; and
            (2) by adding at the end the following:
    ``(B) Fees may not be charged under paragraphs (1) through (8) of 
subsection (a) after March 1, 2015.''.
    (d) Effective Date.--The amendments made by this section take 
effect on October 1, 2004.
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