S. 2685

Immigrant Children's Health Improvement Act of 2004

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2685 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2685

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.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 19, 2004

Mr. Graham of Florida 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.

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 ``Immigrant Children's Health
Improvement Act of 2004''.

SEC. 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) Extension of Conveyance/Passenger Customs User Fees.--Section
13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) by striking ``Fees'' and inserting ``(A) Except as
provided in subparagraph (B), fees''; and
(2) by adding at the end the following:
``(B) Fees may not be charged under paragraphs (1) through (8) of
subsection (a) after March 1, 2015.''.
(d) Effective Date.--The amendments made by this section take
effect on October 1, 2004.
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