HBA-MPM C.S.H.B. 1422 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1422 By: Oliveira Public Health 5/15/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Prior to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, legal immigrants and United States citizens were required to meet the same eligibility requirements to receive Medicaid. The act set a five-year bar on Medicaid benefits for legal immigrants who entered the U.S. after August 22, 1996, during which time federal Medicaid funds are available only to pay for emergency care. After the five year bar, states are allowed to choose whether to extend Medicaid assistance to legal immigrants. C.S.H.B. 1422 extends Medicaid benefits, as well as maternity benefits, to qualified immigrants who entered the United States on or after August 22, 1996 and who have completed the federal five-year bar on Medicaid assistance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1422 amends the Human Resources Code to require the Health and Human Services Commission (HHSC) to provide Medicaid in accordance with federal laws to a person: _is a qualified alien as defined by federal law who meets all state eligibility requirements for Medicaid; _entered the United States on or after August 22, 1996; and _has resided in the United States for a period of five years after the date the person entered as a qualified alien. If authorized by federal law, HHSC is required to provide pregnancy-related Medicaid services to the maximum extent permitted by federal law to a pregnant person who is a lawfully present alien, including a battered alien, as defined by federal law, regardless of the date the person entered the United States. The bill requires HHSC to comply with any prerequisite imposed under federal law in providing these maternity benefits. The bill provides that HHSC is not required to implement the bill unless a specific appropriation is provided in the General Appropriations Act. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1422 differs from the original to add clarifying language that specifies that the required Medicaid benefits are authorized under federal law. The substitute includes battered aliens among those aliens who are eligible to receive pregnancy-related services through Medicaid if such services are authorized by federal law. The substitute clarifies that aliens to whom pregnancy-related Medicaid services are extended are to be lawfully present, as defined by federal law. The substitute provides that HHSC is not required to implement the provisions unless a specific appropriation for the implementation is provided in the General Appropriations Act.