[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 228 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 228
To amend title XIX of the Social Security Act to permit States, at
their option, to require certain individuals to present satisfactory
documentary evidence of proof of citizenship or nationality for
purposes of eligibility for Medicaid, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
January 13, 2009
Mr. Bingaman (for himself and Mr. Akaka) introduced the following bill;
which was read twice and referred to the Committee on Finance
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A BILL
To amend title XIX of the Social Security Act to permit States, at
their option, to require certain individuals to present satisfactory
documentary evidence of proof of citizenship or nationality for
purposes of eligibility for Medicaid, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. STATE OPTION TO REQUIRE CERTAIN INDIVIDUALS TO PRESENT
SATISFACTORY DOCUMENTARY EVIDENCE OF PROOF OF CITIZENSHIP
OR NATIONALITY FOR PURPOSES OF ELIGIBILITY FOR MEDICAID.
(a) In General.--Section 1902(a)(46) of the Social Security Act (42
U.S.C. 1396a(a)(46)) is amended--
(1) by inserting ``(A)'' after ``(46)'';
(2) by adding ``and'' after the semicolon; and
(3) by adding at the end the following new subparagraph:
``(B) at the option of the State and subject to section
1903(x), require that, with respect to an individual (other
than an individual described in section 1903(x)(1)) who
declares to be a citizen or national of the United States for
purposes of establishing initial eligibility for medical
assistance under this title (or, at State option, for purposes
of renewing or redetermining such eligibility to the extent
that such satisfactory documentary evidence of citizenship or
nationality has not yet been presented), there is presented
satisfactory documentary evidence of citizenship or nationality
of the individual (using criteria determined by the State,
which shall be no more restrictive than the criteria used by
the Social Security Administration to determine citizenship,
and which shall accept as such evidence a document issued by a
federally recognized Indian tribe evidencing membership or
enrollment in, or affiliation with, such tribe (such as a
tribal enrollment card or certificate of degree of Indian
blood, and, with respect to those federally recognized Indian
tribes located within States having an international border
whose membership includes individuals who are not citizens of
the United States, such other forms of documentation (including
tribal documentation, if appropriate) that the Secretary, after
consulting with such tribes, determines to be satisfactory
documentary evidence of citizenship or nationality for purposes
of satisfying the requirement of this subparagraph));''.
(b) Limitation on Waiver Authority.--Notwithstanding any provision
of section 1115 of the Social Security Act (42 U.S.C. 1315), or any
other provision of law, the Secretary of Health and Human Services may
not waive the requirements of section 1902(a)(46)(B) of such Act (42
U.S.C. 1396a(a)(46)(B)) with respect to a State.
(c) Conforming Amendments.--Section 1903 of such Act (42 U.S.C.
1396b) is amended--
(1) in subsection (i)--
(A) in paragraph (20), by adding ``or'' after the
semicolon;
(B) in paragraph (21), by striking ``; or'' and
inserting a period; and
(C) by striking paragraph (22); and
(2) in subsection (x)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraph (2) as paragraph
(1);
(C) in paragraph (1), as so redesignated, by
striking ``paragraph (1)'' and inserting ``section
1902(a)(46)(B)''; and
(D) by adding at the end the following new
paragraph:
``(2) In the case of an individual declaring to be a citizen or
national of the United States with respect to whom a State requires the
presentation of satisfactory documentary evidence of citizenship or
nationality under section 1902(a)(46)(B), the individual shall be
provided at least the reasonable opportunity to present satisfactory
documentary evidence of citizenship or nationality under this
subsection as is provided under clauses (i) and (ii) of section
1137(d)(4)(A) to an individual for the submittal to the State of
evidence indicating a satisfactory immigration status.''.
SEC. 2. CLARIFICATION OF RULES FOR CHILDREN BORN IN THE UNITED STATES
TO MOTHERS ELIGIBLE FOR MEDICAID.
Section 1903(x) of such Act (42 U.S.C. 1396b(x)), as amended by
section 1(c)(2), is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) pursuant to the application of section 1902(e)(4)
(and, in the case of an individual who is eligible for medical
assistance on such basis, the individual shall be deemed to
have provided satisfactory documentary evidence of citizenship
or nationality and shall not be required to provide further
documentary evidence on any date that occurs during or after
the period in which the individual is eligible for medical
assistance on such basis); or''; and
(2) by adding at the end the following new paragraph:
``(3) Nothing in subparagraph (A) or (B) of section 1902(a)(46),
the preceding paragraphs of this subsection, or the Deficit Reduction
Act of 2005, including section 6036 of such Act, shall be construed as
changing the requirement of section 1902(e)(4) that a child born in the
United States to an alien mother for whom medical assistance for the
delivery of such child is available as treatment of an emergency
medical condition pursuant to subsection (v) shall be deemed eligible
for medical assistance during the first year of such child's life.''.
SEC. 3. EFFECTIVE DATE.
(a) Retroactive Application.--The amendments made by this Act shall
take effect as if included in the enactment of the Deficit Reduction
Act of 2005 (Public Law 109-171; 120 Stat. 4).
(b) Restoration of Eligibility.--In the case of an individual who,
during the period that began on July 1, 2006, and ends on the date of
enactment of this Act, was determined to be ineligible for medical
assistance under a State Medicaid program solely as a result of the
application of subsections (i)(22) and (x) of section 1903 of the
Social Security Act (as in effect during such period), but who would
have been determined eligible for such assistance if such subsections,
as amended by sections 1 and 2, had applied to the individual, a State
may deem the individual to be eligible for such assistance as of the
date that the individual was determined to be ineligible for such
medical assistance on such basis.
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