[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 287 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 287

 To amend title XIX of the Social Security Act to assure coverage for 
legal immigrant children and pregnant women under the Medicaid Program 
       and the State children's health insurance program (SCHIP).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

  Mr. Towns introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to assure coverage for 
legal immigrant children and pregnant women 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 Health Restoration 
Act of 2005''.

SEC. 2. COVERAGE OF LEGAL IMMIGRANT PREGNANT WOMEN AND CHILDREN 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 by adding at the end the following new 
paragraph:
            ``(4)(A) Notwithstanding sections 401(a), 402(b), 403, and 
        421 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996, a State plan under this title shall 
        provide (in a plan amendment) medical assistance under this 
        title 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 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) No debt shall accrue under an affidavit of 
                support against any sponsor of an alien within a 
                category of aliens under subparagraph (A) 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)) 
as amended by section 803 of the Medicare, Medicaid, and SCHIP Benefits 
Improvement and Protection Act of 2000, as enacted into law by section 
1(a)(6) of Public Law 106-554, 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 coverage of 
                categories of permanent resident alien children).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2006, and apply to medical assistance and child 
health assistance furnished on or after such date.
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