Bill > A1701

Introduced Session

This bill would extend comprehensive health care coverage to undocumented immigrant aliens residing in the State who do not qualify for such coverage under existing law. Although section 411 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L.104-193 (8 U.S.C. s.1621) restricts the eligibility of non-qualified aliens for various federal, state, and local benefits, and generally prohibits aliens who are not lawfully present in the United States from obtaining, or from being deemed eligible for, coverage under any federal, state, or local benefits programs, section 411(d) (8 U.S.C. s.1621(d)) provides an exception to this general prohibition, which authorizes a state to enact state-level legislation affirmatively providing for aliens who are not lawfully present in the United States to be eligible for State or local benefits coverage. Using this federal provision as a guide, the bill would amend existing law to expressly authorize an undocumented immigrant alien to obtain full medical assistance coverage, as provided under the State Medicaid program. The bill would specify, however, that undocumented immigrant aliens will only be authorized to obtain full medical assistance coverage if the Commissioner of Human Services has determined that systems have been programmed for the implementation of such coverage. The commissioner would be required to attempt to maximize federal financial participation in relation to the provision of medical assistance to undocumented immigrant aliens and the bill would remain inoperable until the commissioner receives a determination of federal financial participation regarding the bill's provisions. However, if federal financial participation is not available, any such medical assistance would be financed with State funds only. Furthermore, the bill's provisions would be implemented only to the extent that they are in compliance with the applicable provisions of federal law. Finally, the bill directs the commissioner to adopt such rules and regulations as are necessary to effectuate the purposes of the bill.

AI Summary

Committee Categories

Garnet Hall (D)*, 

Introduced, Referred to Assembly Health Committee (on 01/09/2024)

Official Document