Bill Text: MS HB1513 | 2026 | Regular Session | Introduced
Bill Title: SNAP and Medicaid benefits; persons who are not US citizens are not eligible for unless meet definition of an eligible alien.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1513 Detail]
Download: Mississippi-2026-HB1513-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Medicaid
By: Representative Shanks
House Bill 1513
AN ACT TO CREATE NEW SECTION 43-12-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT INDIVIDUALS WHO ARE NOT UNITED STATES CITIZENS SHALL NOT BE ELIGIBLE FOR SNAP OR MEDICAID UNLESS THE INDIVIDUAL MEETS THE DEFINITION OF AN ELIGIBLE ALIEN; TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES AND THE DIVISION OF MEDICAID MUST VERIFY THE ELIGIBILITY OF THOSE INDIVIDUALS DURING ENROLLMENT AND ELIGIBILITY REDETERMINATION USING THE SAVE SERVICE; TO REQUIRE THE DIVISION AND THE DEPARTMENT TO REPORT TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES OR FEDERAL AGENCIES INFORMATION CONCERNING ANY HOUSEHOLD MEMBER FOR WHOM IT IS UNABLE TO VERIFY ELIGIBLE ALIEN STATUS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 43-12-10, Mississippi Code of 1972:
43-12-10. Eligible aliens for welfare and enhanced verification of citizenship or immigration status. (1) No individual who is not a United States citizen or national of the United States shall be eligible for SNAP, unless that individual meets the definition of an eligible alien under 7 USC Section 2015(f) and meets the definition of a qualified alien under 8 USC Section 1641(b).
(2) No individual who is not a United States citizen or national of the United States shall be eligible for Medicaid, unless that individual meets the definition of an eligible alien under 42 USC Section 1396b(v) and meets the definition of a qualified alien under 8 USC Section 1641(b).
(3) The department shall be required to verify that an individual is eligible pursuant to subsection (1) and subsection (2) of this section during enrollment and eligibility redetermination by verifying citizenship or eligible alien status using the Systematic Alien Verification for Entitlements (SAVE) service or requiring the individual to provide an acceptable form of proof of citizenship or eligible alien status, including ,but not limited to, certified birth certificates, United States passports, and United States Customs and Immigration Services documentation.
(4) The department shall submit to the appropriate law enforcement authorities, including, but not limited to, the United States Department of Homeland Security, information concerning any household member for whom it is determined to be an unlawfully present alien, regardless of whether such household member is applying to participate in the program as a member of such household.
(5) The Department of Human Services shall submit to the United States Department of Agriculture information concerning any household member for whom it is unable to verify eligible alien status, regardless of whether such household member is applying to participate in SNAP as a member of such household.
(6) The Division of Medicaid shall submit to the United States Department of Health and Human Services information concerning any household member for whom it is unable to verify eligible alien status, regardless of whether such household member is applying for Medicaid as a member of such household.
(7) The entire income and financial resources of any individual rendered ineligible for participation in SNAP under 7 USC Section 2015(f) shall be considered in determining the eligibility and benefit allotment of the household of which such individual is a member.
(8) The Division of Medicaid shall adhere to the following requirements regarding the reasonable opportunity period for verification of United States citizenship or eligible alien status for Medicaid:
(a) When an applicant's status cannot be verified through available data sources, the division shall provide only a single reasonable opportunity period, consistent with the minimum period required under federal law, for the applicant to provide verification.
(b) Medicaid coverage may only be provided provisionally during the reasonable opportunity period.
(c) Failure to submit acceptable documentation within the reasonable opportunity period required under federal law shall result in denial or termination of Medicaid eligibility, subject to required notice.
(d) No additional reasonable opportunity period shall be granted to any applicant who has previously been denied eligibility at any time due to a failure to verify citizenship or eligible alien status.
(9) The Division of Medicaid shall require a field for citizenship or eligible alien status on all presumptive eligibility applications. The division shall require hospitals, clinics, and other qualified entities authorized to conduct presumptive eligibility determinations to collect and transmit attestations of citizenship or eligible alien status to the division. No presumptive eligibility application shall be approved unless the applicant certifies that they are a United States citizen, United States national, or alien eligible for Medicaid pursuant to 42 USC Section 1396b(v) and subsection (2) of this section.
(10) The Division of Medicaid shall:
(a) Require each hospital that accepts Medicaid to include a provision on its patient admission or registration forms for the patient or the patient's representative to state or indicate whether the patient is a United States citizen or lawfully present in the United States or is not lawfully present in the United States.
(b) Require each hospital that accepts Medicaid to inform a patient, at the time this information is collected, that any submission made on an admission or registration form will not affect patient care, as required by federal law.
(c) Require that each hospital submits a quarterly report to the division within thirty (30) days after the end of each calendar quarter that reports the number of hospital admissions or emergency department visits within the previous quarter that were made by a patient who indicated that he or she was a citizen of the United States or lawfully present in the United States, was not lawfully present in the United States, or declined to answer.
(d) By April 1 of each year, submit a report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives that includes the total number of hospital admissions and emergency department visits for the previous calendar year for which the patient or patient's representative reported that the patient was a citizen of the United States or lawfully present in the United States, was not lawfully present in the United States, or declined to answer. The report must also describe information relating to the costs of uncompensated care for aliens who are not lawfully present in the United States, the impact of uncompensated care on the cost or ability of hospitals to provide services to the public, hospital funding needs, and other related information.
(e) Adopt rules relating to the format and information to be contained in quarterly reports and the acceptable formats for hospitals to use in requesting information regarding a patient's immigration status on hospital admission or registration forms.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
