Health Equity and Access under the Law for Immigrant Women and Families Act of 2017 or the HEAL Immigrant Women and Families Act of 2017
This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States who otherwise meet eligibility requirements. This applies to individuals granted deferred action or other federally authorized presence but not to nonimmigrants (e.g., individuals with a temporary worker visa).
Individuals granted federally authorized presence, except nonimmigrants, are eligible for health insurance exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act and premium subsidies under the Internal Revenue Code.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2788 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2788
To expand access to health care services, including sexual,
reproductive, and maternal health services, for immigrant women, men,
and families by removing legal barriers to health insurance coverage,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2017
Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. McGovern,
Mr. Espaillat, Mr. Takano, Ms. Moore, Mrs. Napolitano, Ms. Bonamici,
Mr. Gallego, Mr. Veasey, Ms. Barragan, Mr. Gutierrez, Ms. Schakowsky,
Mrs. Torres, Ms. Roybal-Allard, Mr. Ellison, Mr. Soto, Ms. Clarke of
New York, Ms. Pingree, Ms. Wilson of Florida, Ms. Norton, Mr. Grijalva,
Mr. Serrano, Ms. Clark of Massachusetts, Ms. Jayapal, Ms. Hanabusa, Mr.
Johnson of Georgia, Mr. Hastings, Ms. Sanchez, Ms. Lofgren, and Ms.
Lee) introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committee on Ways and
Means, 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 expand access to health care services, including sexual,
reproductive, and maternal health services, for immigrant women, men,
and families by removing legal barriers to health insurance coverage,
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 ``Health Equity and Access under the
Law for Immigrant Women and Families Act of 2017'' or as the ``HEAL for
Immigrant Women and Families Act of 2017''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) Insurance coverage reduces harmful health disparities
by alleviating cost barriers to and increasing utilization of
basic preventive health services, especially among low-income
and underserved populations, and especially among women.
(2) Based solely on their immigration status, many
immigrants and their families face legal restrictions on their
ability to obtain health insurance coverage through Medicaid,
CHIP, and Health Insurance Exchanges.
(3) Lack of health insurance contributes to persistent
disparities in the prevention, diagnosis, and treatment of
negative health outcomes borne by immigrants and their
families.
(4) Immigrant women are disproportionately of reproductive
age, low-income, and lacking health insurance coverage. Legal
barriers to affordable health insurance coverage therefore
particularly exacerbate their risk of negative sexual,
reproductive, and maternal health outcomes, with lasting health
and economic consequences for immigrant women, their families,
and society as a whole.
(5) Denying coverage or imposing waiting periods for
coverage unfairly hinders the ability of immigrants to take
responsibility for their own health and economic well-being and
that of their families. To fully and productively participate
in society, access to health care is fundamental, which for
women includes access to the services necessary to plan whether
and when to have a child.
(6) The population of immigrant families in the United
States is expected to continue to grow. Indeed one in four
children in the United States is part of an immigrant family.
It is therefore in the Nation's shared public health and
economic interest to remove legal barriers to affordable health
insurance coverage based on immigration status.
(7) Although Deferred Action for Childhood Arrivals (DACA)
recipients are authorized to live and work in the United
States, they have been unfairly excluded from the definition of
lawfully present and lawfully residing for purposes of health
insurance coverage by the Department of Health and Human
Services, including Medicaid and the Children's Health
Insurance Program (CHIP).
(8) Immigration law is constantly evolving and new
immigration categories for individuals with federally
authorized presence in the United States may be created.
(b) Purpose.--It is the purpose of this Act to ensure that all
individuals who are granted federally authorized presence are treated
as being lawfully present in the United States for purposes of
eligibility under all federally funded health care programs.
SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT
INDIVIDUALS.
(a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42
U.S.C. 1396b(v)(4)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, payment shall be made under this section for care and services
that are furnished to aliens, including those described in paragraph
(1), if they otherwise meet the eligibility requirements for medical
assistance under the State plan approved under this title (other than
the requirement of the receipt of aid or assistance under title IV,
supplemental security income benefits under title XVI, or a State
supplementary payment), and are lawfully present in the United States
(including such an individual who is granted deferred action or other
federally authorized presence other than as a nonimmigrant).'';
(2) in subparagraph (B)--
(A) by striking ``a State that has elected to
provide medical assistance to a category of aliens
under subparagraph (A)'' and inserting ``aliens
provided medical assistance pursuant to subparagraph
(A)''; and
(B) by striking ``to such category'' and inserting
``to such alien''; and
(3) in subparagraph (C)--
(A) by striking ``an election by the State under
subparagraph (A)'' and inserting ``the application of
subparagraph (A)'';
(B) by inserting ``or be lawfully present'' after
``lawfully reside''; and
(C) by inserting ``or present'' after ``lawfully
residing'' each place it appears.
(b) CHIP.--Subparagraph (M) of section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows:
``(M) Paragraph (4) of section 1903(v) (relating to
lawfully present individuals).''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act and shall apply to services
furnished on or after the date that is 90 days after such date
of the enactment.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX, or a
State child health plan under title XXI, of the Social Security
Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
section, the respective State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
SEC. 4. CONSISTENCY IN HEALTH COVERAGE FOR INDIVIDUALS WITH FEDERALLY
AUTHORIZED PRESENCE, INCLUDING DEFERRED ACTION.
(a) In General.--For the purposes of eligibility under any of the
provisions referred to in subsection (b), all individuals granted
federally authorized presence in the United States other than as a
nonimmigrant shall be considered to be lawfully present in the United
States.
(b) Provisions Described.--The provisions described in this
subsection are the following:
(1) Exchange eligibility.--Section 1311 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031).
(2) Reduced cost-sharing eligibility.--Section 1402 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18071).
(3) Premium subsidy eligibility.--Section 36B of the
Internal Revenue Code of 1986.
(4) Medicaid and chip eligibility.--Titles XIX and XXI of
the Social Security Act, including under section 1903(v) of
such Act (42 U.S.C. 1396b(v)).
(c) Effective Date.--
(1) In general.--Subsection (a) shall take effect on the
date of the enactment of this Act.
(2) Transition through special enrollment period.--In the
case of an individual described in subsection (a) who, before
the first day of the first annual open enrollment period under
subparagraph (B) of section 1311(c)(6) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c)(6))
beginning after the date of the enactment of this Act, is
granted federally authorized presence in the United States
described in subsection (a) and who, as a result of such
subsection, qualifies for a subsidy described in paragraph (2)
or (3) of such subsection, the Secretary of Health and Human
Services shall establish a special enrollment period under
section 1311(c)(6)(C) of such Act during which such individual
may enroll in qualified health plans through Exchanges under
title I of such Act and qualify for such a subsidy. For such an
individual who has been granted federally authorized presence
in the United States as of the date of the enactment of this
Act, such special enrollment period shall begin not later than
90 days after such date of enactment. Nothing in this paragraph
shall be construed as affecting the authority of the Secretary
to establish additional special enrollment periods under
section 1311(c)(6)(C) of the Patient Protection and Affordable
Care Act (42 U.S.C. 18031(c)(6)(C)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Energy and Commerce, and in addition to the Committee on Ways and Means, 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 Health.
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