Provides States with the option of extending Medicaid-eligibility to certain lawful resident alien pregnant women and children, as well as the option of extending CHIP-eligibility (SSA title XXI (Children's Health Insurance (CHIP)) to such children.
Provides States with the option of extending Medicaid-eligibility to certain blind or disabled or other specified medically needy aliens, such as those who are residents of a nursing facility.
Mandates SSI eligibility for certain lawful resident aliens who are aged, blind, or disabled.
Exempts certain blind or disabled aliens from the five-year general limitation on the eligibility for qualified aliens for Federal means-tested public benefits that was imposed by such Act.
Mandates food stamp program eligibility under the Food Stamp Act of 1977 for certain aliens lawfully residing in the United State on August 22, 1996, who would otherwise be subject to the same five-year general limitation.
Exempts certain battered aliens (which under such Act are treated as lawful resident aliens) from disqualification (thereby making them SSI- and food stamp program-eligible).
Amends the Immigration and Nationality Act to provide for waiver of affidavit of support requirements for benefits provided through such State elections to extend such optional Medicaid and other described optional public program eligibility to certain lawful resident aliens.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1399 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1399
To amend title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide States with the option to allow
legal immigrant pregnant women, children, and blind or disabled
medically needy individuals to be eligible for medical assistance under
the Medicaid Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 1999
Mr. Levin (for himself, Mr. Matsui, Mr. Cardin, Mrs. Mink of Hawaii,
Ms. Roybal-Allard, Mr. Gutierrez, Mr. Becerra, Mr. Coyne, Mrs. Clayton,
Mr. McGovern, Mr. Delahunt, Mr. Berman, Mr. McDermott, Ms. McKinney,
Mr. Frost, Mr. Towns, Mr. Rush, Mr. Menendez, Mr. LaFalce, Mr. Kennedy
of Rhode Island, Mr. Dooley of California, Ms. Lee, Ms. Ros-Lehtinen,
and Mr. Diaz-Balart) introduced the following bill; which was referred
to the Committee on Ways and Means, and in addition to the Committees
on Commerce, Agriculture, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide States with the option to allow
legal immigrant pregnant women, children, and blind or disabled
medically needy individuals to be eligible for medical assistance under
the Medicaid Program, 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. SHORT TITLE.
This Act may be cited as the ``Fairness for Legal Immigrants Act of
1999''.
SEC. 2. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT WOMEN AND
CHILDREN FOR MEDICAID.
(a) In General.--Subtitle A of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1611-1614) is amended by adding at the end the following:
``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR MEDICAID.
``(a) Optional Medicaid Eligibility for Certain Aliens.--A State
may elect to waive (through an amendment to its State plan under title
XIX of the Social Security Act) the application of sections 401(a),
402(b), 403, and 421 with respect to eligibility for medical assistance
under the program defined in section 402(b)(3)(C) (relating to the
Medicaid Program) of aliens who are lawfully residing in the United
States (including battered aliens described in section 431(c)), within
any or all (or any combination) of the following categories of
individuals:
``(1) Pregnant women.--Women during pregnancy (and during
the 60-day period beginning on the last day of the pregnancy).
``(2) Children.--Children (as defined under such plan),
including optional targeted low-income children described in
section 1905(u)(2)(B).''.
(b) Applicability of Affidavits of Support.--Section 213A(a) of the
Immigration and Nationality Act (8 U.S.C. 1183a(a)) is amended by
adding at the end the following:
``(4) Inapplicability to benefits provided under a state
waiver.--For purposes of this section, the term `means-tested
public benefits' does not include benefits provided pursuant to
a State election and waiver described in section 405 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996.''.
(c) Conforming Amendments.--
(1) Section 401(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is
amended by inserting ``and section 405'' after ``subsection
(b)''.
(2) Section 402(b)(1) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(1)) is amended by inserting ``, section 405,'' after
``403''.
(3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is
amended by inserting ``section 405 and'' after ``provided in''.
(4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is
amended by inserting ``except as provided in section 405,''
after ``Notwithstanding any other provision of law,''.
(5) Section 1903(v)(1) of the Social Security Act (42
U.S.C. 1396b(v)(1)) is amended by inserting ``and except as
permitted under a waiver described in section 405(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996,'' after ``paragraph (2),''.
(d) Retroactivity of Effective Date.--The amendments made by this
section shall take effect as if included in the enactment of title IV
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1611 et seq.), except that the amendment made by
subsection (b) shall apply as if included in the enactment of section
551(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208).
SEC. 3. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR SCHIP.
(a) In General.--Section 405 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, as added by section 2(a),
is amended--
(1) in the heading, by inserting ``and schip'' before the
period; and
(2) by adding at the end the following new subsection:
``(b) Optional SCHIP Eligibility for Certain Aliens.--
``(1) In general.--Subject to paragraph (2), a State may
also elect to waive the application of sections 401(a), 402(b),
403, and 421 with respect to eligibility of children for child
health assistance under the State child health plan of the
State under title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.), but only with respect to children who are
lawfully residing in the United States (including children who
are battered aliens described in section 431(c)).
``(2) Requirement for election.--A waiver under this
subsection may only be in effect for a period in which the
State has in effect an election under subsection (a) with
respect to the category of individuals described in subsection
(a)(2) (relating to children).''.
(b) Effective Date.--The amendment made by subsection (a) applies
to child health assistance for coverage provided for periods beginning
on or after October 1, 1997.
SEC. 4. OPTIONAL ELIGIBILITY OF CERTAIN MEDICALLY NEEDY ALIENS FOR
MEDICAID.
(a) Optional Eligibility of Certain Aliens Who Are Blind or
Disabled Medically Needy Admitted After August 22, 1996.--
(1) In general.--Section 405(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
as added by section 2(a), is amended by adding at the end the
following:
``(3) Certain blind or disabled medically needy.--
Individuals who are considered blind or disabled under section
1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) and
who, but for sections 401(a), 402(b) and 403 (except as waived
under this subsection), would be eligible for medical
assistance under clause (ii)(IV) of section 1902(a)(10)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), or would
be eligible for such assistance under any other clause of that
section of that Act because the individual, if enrolled in the
program under title XVI of the Social Security Act, would
receive supplemental security income benefits or a State
supplementary payment under that title.''.
(2) Retroactivity of effective date.--The amendment made by
paragraph (1) shall take effect as if included in the enactment
of title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
(b) Optional Eligibility of Medically Needy Aliens Requiring a
Certain Level of Care.--
(1) In general.--Section 405 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as added by
section 2(a) and as amended by section 3(a) and subsection (a),
is further amended by adding at the end the following new
subsection:
``(c) Optional Eligibility for Medically Needy Aliens Requiring a
Certain Level of Care.--A State may also elect to waive the application
of sections 401(a), 402(b), and 421 with respect to eligibility for
medical assistance under the program defined in section 402(b)(3)(C)
(relating to the Medicaid Program) of aliens who--
``(1) were lawfully residing in the United States on August
22, 1996; and
``(2) are residents of a nursing facility (as defined in
section 1919(a) of the Social Security Act (42 U.S.C.
1396r(a)), or require the level of care provided in a such a
facility or in an intermediate care facility, the cost of which
could be reimbursed under the State plan under title XIX of that
Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of title IV
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
SEC. 5. ELIGIBILITY OF CERTAIN ALIENS FOR SSI.
(a) Aged Aliens Lawfully Residing in the United States on August
22, 1996.--Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended
by adding at the end the following:
``(L) SSI exception for aged aliens lawfully
residing in the united states on august 22, 1996.--With
respect to eligibility for the program defined in
paragraph (3)(A), paragraph (1) shall not apply to any
individual who was lawfully residing in the United
States on August 22, 1996, and has attained age 65.''.
(b) Blind or Disabled Qualified Aliens Who Entered the United
States After August 22, 1996.--
(1) In general.--Section 402(a)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)), as amended by subsection (a), is amended
by adding at the end the following:
``(M) SSI exception for blind or disabled qualified
aliens who entered the united states after august 22,
1996.--With respect to eligibility for the program
defined in paragraph (3)(A), paragraph (1) and section
421 shall not apply to any individual who entered the
United States on or after August 22, 1996 with a status
within the meaning of the term `qualified alien', and
became blind or disabled (within the meaning of section
1614(a) of the Social Security Act (42 U.S.C.
1382c(a))) after the date of such entry.''.
(2) Exception from 5-year ban.--Section 403(b) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the
following:
``(3) Certain blind or disabled aliens.--An alien described
in section 402(a)(2)(M), but only with respect to the programs
specified in subsections (a)(3)(A) and (b)(3)(C) of section 402
(and, with respect to such programs, section 421 shall not
apply to such an alien).''.
(3) Conforming amendment.--Section 421(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1631(a)), as amended by section 2(c)(4), is amended
by inserting ``, section 402(a)(2)(M), and section 403(b)(3)''
after section ``405''.
(4) Enforcement of affidavits of support.--For provisions
relating to the enforcement of affidavits of support in cases
of individuals made eligible for benefits under the amendment
made by paragraph (1), see section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183a).
(c) Effective Date.--The amendments made by subsections (a) and (b)
are effective with respect to benefits payable for months after the
month in which this Act is enacted, but only on the basis of
applications filed on or after the date of enactment of this Act.
SEC. 6. ELIGIBILITY OF LEGAL IMMIGRANTS FOR FOOD STAMPS.
(a) In General.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)),
as amended by section 5(b)(1), is amended by adding at the end the
following:
``(N) Food stamp exception for aliens lawfully
residing in the united states on august 22, 1996.--With
respect to eligibility for benefits for the specified
Federal program described in paragraph (3)(B),
paragraph (1) shall not apply to an individual who was
lawfully residing in the United States on August 22,
1996.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to benefits under the food stamp program, as defined in section 3(h) of
the Food Stamp Act of 1977 (7 U.S.C. 2012(h)) for months beginning at
least 30 days after the date of enactment of this Act.
SEC. 7. ELIGIBILITY OF LEGAL IMMIGRANTS SUFFERING FROM DOMESTIC ABUSE.
(a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)), as amended by section 6(a), is amended by
adding at the end the following:
``(O) Battered immigrants.--With respect to
eligibility for benefits for a specified Federal
program (as defined in paragraph (3)), paragraph (1)
shall not apply to any individual described in section
431(c).''.
(b) Exemption From 5-Year Ban.--Section 403(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613(b)), as amended by section 5(b)(2), is amended by adding at
the end the following:
``(4) Battered immigrants.--An alien described in section
431(c).''.
(c) Expansion of Definition of Battered Immigrants.--
(1) In general.--Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)) is amended--
(A) in paragraphs (1)(A), (2)(A), and (3)(A) by
inserting `` or the benefits to be provided would
alleviate the harm from such battery or cruelty or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in the matter following paragraph (3), by
inserting `` and for determining whether the benefits
to be provided under a specific Federal, State, or
local program would alleviate the harm from such
battery or extreme cruelty or would enable the alien to
avoid such battery or extreme cruelty in the future''
before the period.
(2) Conforming amendment regarding sponsor deeming.--
Section 421(f)(1) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is
amended--
(A) in subparagraph (A), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in subparagraph (B), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the period.
(d) Conforming Definition of ``Family'' Used in Laws Granting
Federal Public Benefit Access for Battered Immigrants to State Family
Law.--Section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
(1) in paragraph (1)(A), by striking ``by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the spouse or
parent consented to, or acquiesced in, such battery or
cruelty,'' and inserting ``by a spouse, parent, son, or
daughter, or by any individual having a relationship with the
alien covered by the civil or criminal domestic violence
statutes of the State or Indian country where the alien
resides, or the State or Indian country in which the alien, the
alien's child, or the alien child's parents received a
protection order, or by any individual against whom the alien
could obtain a protection order,''; and
(2) in paragraph (2)(A), by striking ``by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty), or by a member of the spouse
or parent's family residing in the same household as the alien
and the spouse or parent consented or acquiesced to such
battery or cruelty,'' and inserting ``by a spouse, parent, son,
or daughter of the alien (without the active participation of
alien in the battery or cruelty) or by any individual having a
relationship with the alien covered by the civil or criminal
domestic violence statutes of the State or Indian county where
the alien resides, or the State or Indian country in which the
alien, the alien's child, or the alien child's parent received
a protection order, or by any individual against whom the alien
could obtain a protection order,''.
(e) Effective Date.--The amendments made by this section apply to
Federal means-tested public benefits provided on or after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
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Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Immigration and Claims.
Referred to the Subcommittee on Health and Environment.