II 109th CONGRESS 1st Session S. 1104 IN THE SENATE OF THE UNITED STATES May 23, 2005 Mrs. Clinton (for herself, Mr. Chafee, Mr. Nelson of Florida, Ms. Collins, Mr. Bingaman, 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 provide States with the option to cover certain legal immigrants under the medicaid and State children’s health insurance programs.

1.

Short title

This Act may be cited as the Immigrant Children’s Health Improvement Act of 2005.

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)

Effective date

The amendments made by this section take effect on October 1, 2005, and apply to medical assistance and child health assistance furnished on or after such date.