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S. 2149IntroducedSenate · nowHousePresidentLawIn committee
Sec. 6 · S. 2149

State option to expand Medicaid and CHIP to individuals without lawful presence

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(a) Medicaid (1) In general Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended— (A) in subclause (XXII), by striking or at the end; (B) in subclause (XXIII), by striking the semicolon and inserting; or; and (C) by adding at the end the following new subclause: (XXIV) who would be eligible under the State plan (or waiver of such plan) under this title if they were citizens of the United States;. (2) Conforming amendment Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended, in the matter preceding paragraph (1)— (A) in the matter designated as clause (xvi), by striking or at the end; (B) in the matter designated as clause (xvii), by adding or at the end; and (C) by inserting after the matter designated as clause (xvii) the following: (xviii) individuals described in section 1902(a)(10)(A)(ii)(XXIV),. (b) CHIP Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by inserting after section 2112 the following new section: 2112A. State option to provide coverage for individuals without lawful presence A State may elect through an amendment to its State child health plan under section 2102 to treat an individual as a targeted low-income child or a targeted low-income pregnant woman for purposes of this title if such individual would otherwise be included as such a child or such a pregnant woman (as applicable) under such plan if the individual were a citizen of the United States.. (c) Nonapplication of eligibility prohibition Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 U.S.C. 1611(a)) is amended by adding at the end the following new sentence: The preceding sentence shall not apply with respect to a noncitizen’s eligibility under a State plan (or waiver of such plan) under title XIX of the Social Security Act or under a State child health plan (or waiver of such plan) under title XXI of such Act to the extent that such State has elected to make such individual so eligible pursuant to section 1902(a)(10)(A)(ii)(XXIV) or 2112A of such Act, respectively..