Office of House Bill AnalysisH.B. 1422
By: Oliveira
Public Health


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. House Bill 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.  


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. 


House Bill 1422 amends the Human Resources Code to require the Health and
Human Services Commission (HHSC) to provide Medicaid to a person who: 

_is a qualified alien, as defined by federal law, who meets all state
eligibility requirements for Medicaid, but is ineligible for Medicaid
solely because of federal citizenship requirements;  

_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. 

The bill requires HHSC, if authorized by federal law, to provide Medicaid
in the form of prenatal care, child delivery care, and obstetrical care
related to prenatal and child delivery care to a person who is pregnant and
ineligible for Medicaid solely because of federal citizenship requirements.
The bill requires HHSC to comply with any prerequisite imposed under
federal law in providing these maternity benefits. 


September 1, 2001.