Bill Text: NJ A1701 | 2024-2025 | Regular Session | Introduced
Bill Title: Authorizes provision of comprehensive health care coverage to undocumented immigrant aliens.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Health Committee [A1701 Detail]
Download: New_Jersey-2024-A1701-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
SYNOPSIS
Authorizes provision of comprehensive health care coverage to undocumented immigrant aliens.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the provision of comprehensive health care coverage to undocumented immigrant aliens, and amending P.L.1997, c.352.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1997, c.352 (C.30:4D-6f) is amended to read as follows:
2. a. An eligible alien, as defined in section 3 of P.L.1968, c.413 [(C.30:4D-1 et seq.)] (C.30:4D-3), who [otherwise] meets all relevant eligibility criteria [therefor is] for medical assistance under section 6 of P.L.1968, c.413 (C.30:4D-6), shall be entitled to receive such medical assistance [provided pursuant to section 6 of P.L.1968, c.413 (C.30:4D-6). An alien who] .
b. (1) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, and after the Commissioner of Human Services determines that systems have been programmed for the implementation of this subsection, if an undocumented immigrant alien residing in New Jersey does not qualify for medical assistance as an eligible alien [but who is a resident of New Jersey and] under subsection a. of this section, and the alien, but for their immigration status, would otherwise be eligible for medical assistance provided pursuant to section 6 of P.L.1968, c.413 [is] (C.30:4D-6), such alien shall be entitled [only] to [care and services necessary for the treatment of an emergency medical condition as defined in section 1903(v)(3) of the federal Social Security Act (42 U.S.C. s.1396b(v)(3))] receive such medical assistance.
(2) To the extent allowable, the commissioner shall attempt to maximize federal financial participation in implementing the provisions of this subsection, and shall seek any federal approvals as may be necessary to secure such federal financial participation. If federal financial participation is not available, the benefits and services provided under this subsection shall be financed with State funds only.
(3) This subsection shall be implemented only to the extent that it is in compliance with the provisions of section 441(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. s.1621(d)).
(4) As used in this subsection, "undocumented immigrant alien" means an alien who resides in New Jersey, but who is unable to produce documentary evidence to verify their status as an eligible alien, as defined by section 3 of P.L.1968, c.413 (C.30:4D-3), or to show that they are lawfully present in the United States.
(cf: P.L.1997, c.352, s.2)
2. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this act.
3. This act shall take effect immediately, but remain inoperable until the Commissioner of Human Services receives a determination of federal financial participation regarding the implementation of the provisions of subsection b. of section 2. If federal financial participation is not approved, this act shall become operable with the use of State funds only.
STATEMENT
This bill would extend comprehensive health care coverage to undocumented immigrant aliens residing in the State who do not qualify for such coverage under existing law.
Although section 411 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L.104-193 (8 U.S.C. s.1621) restricts the eligibility of non-qualified aliens for various federal, state, and local benefits, and generally prohibits aliens who are not lawfully present in the United States from obtaining, or from being deemed eligible for, coverage under any federal, state, or local benefits programs, section 411(d) (8 U.S.C. s.1621(d)) provides an exception to this general prohibition, which authorizes a state to enact state-level legislation affirmatively providing for aliens who are not lawfully present in the United States to be eligible for State or local benefits coverage.
Using this federal provision as a guide, the bill would amend existing law to expressly authorize an undocumented immigrant alien to obtain full medical assistance coverage, as provided under the State Medicaid program. The bill would specify, however, that undocumented immigrant aliens will only be authorized to obtain full medical assistance coverage if the Commissioner of Human Services has determined that systems have been programmed for the implementation of such coverage.
The commissioner would be required to attempt to maximize federal financial participation in relation to the provision of medical assistance to undocumented immigrant aliens and the bill would remain inoperable until the commissioner receives a determination of federal financial participation regarding the bill's provisions. However, if federal financial participation is not available, any such medical assistance would be financed with State funds only. Furthermore, the bill's provisions would be implemented only to the extent that they are in compliance with the applicable provisions of federal law. Finally, the bill directs the commissioner to adopt such rules and regulations as are necessary to effectuate the purposes of the bill.
