Bill Text: MS SB2198 | 2026 | Regular Session | Introduced
Bill Title: SNAP and Medicaid benefits; confirm status as eligible alien under federal law to be eligible for.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2198 Detail]
Download: Mississippi-2026-SB2198-Introduced.html
2026 Regular Session
To: Public Health and Welfare
By: Senator(s) Fillingane
Senate Bill 2198
AN ACT TO CREATE NEW SECTION 43-12-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO INDIVIDUAL WHO IS NOT A UNITED STATES CITIZEN OR A NATIONAL OF THE UNITED STATES SHALL BE ELIGIBLE FOR PARTICIPATION IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) OR FOR MEDICAID UNLESS THE INDIVIDUAL MEETS THE DEFINITION OF AN ELIGIBLE ALIEN UNDER 7 USC � 2015(F) OR 42 USC � 1396B(V), AS THE CASE MAY BE, AND MEETS THE DEFINITION OF A QUALIFIED ALIEN UNDER 8 USC � 1641(B); TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES (DEPARTMENT) AND THE DIVISION OF MEDICAID (DIVISION) TO VERIFY CITIZENSHIP OR ELIGIBLE ALIEN STATUS DURING ENROLLMENT AND ELIGIBILITY REDETERMINATIONS; TO REQUIRE THE DEPARTMENT AND THE DIVISION TO SUBMIT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES INFORMATION CONCERNING ANY HOUSEHOLD MEMBER DETERMINED TO BE AN UNLAWFULLY PRESENT ALIEN; TO REQUIRE THE DEPARTMENT AND THE DIVISION TO SUBMIT INFORMATION CONCERNING ANY HOUSEHOLD MEMBER FOR WHOM THEY ARE UNABLE TO VERIFY ELIGIBLE ALIEN STATUS; TO SET FORTH INCOME AND FINANCIAL RESOURCES TO BE CONSIDERED IN DETERMINING ELIGIBILITY FOR PARTICIPATION IN SNAP; TO REQUIRE THE DIVISION TO ADHERE TO CERTAIN REQUIREMENTS REGARDING THE REASONABLE OPPORTUNITY PERIOD FOR VERIFICATION OF UNITED STATES CITIZENSHIP OR ELIGIBLE ALIEN STATUS FOR MEDICAID AND TO REQUIRE A FIELD FOR CITIZENSHIP OR ELIGIBLE ALIEN STATUS ON ALL PRESUMPTIVE ELIGIBILITY APPLICATIONS; TO DIRECT THE DIVISION TO REQUIRE HOSPITALS THAT ACCEPT MEDICAID TO INCLUDE A PROVISION ON ADMISSION OR REGISTRATION FORMS FOR INFORMATION ABOUT A PATIENT'S CITIZENSHIP OR IMMIGRATION STATUS; TO PROVIDE THAT THE DIVISION SHALL REQUIRE SUCH HOSPITALS TO SUBMIT QUARTERLY REPORTS THAT INCLUDE THE NUMBER OF ADMISSIONS OR EMERGENCY DEPARTMENT VISITS BASED ON CITIZENSHIP AND IMMIGRATION STATUS; TO REQUIRE THE DIVISION TO SUBMIT ANNUAL REPORTS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES THAT INCLUDE THE TOTAL NUMBER OF HOSPITAL ADMISSIONS AND EMERGENCY DEPARTMENT VISITS FROM HOSPITALS THAT ACCEPT MEDICAID FOR THE PRIOR YEAR BASED ON CITIZENSHIP AND IMMIGRATION 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. (1) As used in this section, "department" means the Department of Human Services, and "division" means the Division of Medicaid.
(2) No individual who is not a United States citizen or a national of the United States shall be eligible for participation in the Supplemental Nutrition Assistance Program (SNAP), unless that individual meets the definition of an eligible alien under 7 USC � 2015(f) and meets the definition of a qualified alien under 8 USC � 1641(b).
(3) No individual who is not a United States citizen or a national of the United States shall be eligible for Medicaid, unless that individual meets the definition of an eligible alien under 42 USC � 1396b(v) and meets the definition of a qualified alien under 8 USC � 1641(b).
(4) The department shall be required to verify that an individual is eligible under subsection (1) of this section and the division shall be required to verify that an individual is eligible under subsection (2) of this section during enrollment and eligibility redeterminations by verifying citizenship or eligible alien status using the Systematic Alien Verification for Entitlements (SAVE) service or by 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 Citizenship and Immigration Services documentation.
(5) The department and the division 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 that the department or the division, as the case may be, has 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.
(6) The department 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.
(7) The division 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.
(8) The entire income and financial resources of any individual rendered ineligible for participation in SNAP under 7 USC � 2015(f) shall be considered in determining the eligibility and benefit allotment of the household of which such individual is a member.
(9) The division 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 on a provisional basis 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.
(10) The division 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 he or she is a United States citizen, United States national, or alien eligible for Medicaid under 42 USC � 1396b(v) and subsection (3) of this section.
(11) The division shall:
(a) Require each hospital that accepts Medicaid to do all of the following:
(i) 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.
(ii) Notify a patient, at the time the information under subparagraph (i) of this paragraph (a) is collected, that any submission made on an admission or registration form will not affect patient care, as required by federal law.
(iii) Submit a quarterly report to the division within thirty (30) days after the end of each calendar quarter that includes the number of hospital admissions or emergency department visits within the previous quarter that were made by a patient or a patient�s representative who indicated that the patient was a United States citizen or lawfully present in the United States, that the patient was not lawfully present in the United States, or that the patient or patient's representative declined to answer.
(b) By April 1 of each year, submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives that includes the total number of hospital admissions and emergency department visits from hospitals that accept Medicaid for the previous calendar year for which the patient or patient�s representative reported that the patient was a United States citizen or lawfully present in the United States, that the patient was not lawfully present in the United States, or that the patient or patient's representative 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.
(c) Adopt rules relating to the format and information to be contained in quarterly reports under paragraph (a)(iii) of this subsection (11) 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.
