Office of House Bill AnalysisC.S.H.B. 1422
By: Oliveira
Public Health
Committee Report (Substituted)


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.  


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. 


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. 


September 1, 2001.


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.