Bill Text: NJ S3211 | 2022-2023 | Regular Session | Introduced
Bill Title: Authorizes provision of comprehensive health care coverage to certain undocumented immigrants and children.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-10-17 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3211 Detail]
Download: New_Jersey-2022-S3211-Introduced.html
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Authorizes provision of comprehensive health care coverage to certain undocumented immigrants and children.
CURRENT VERSION OF TEXT
As introduced.
An Act providing comprehensive health care coverage to certain undocumented immigrants 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, s.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 eligibility criteria therefor is entitled to medical assistance provided pursuant to section 6 of P.L.1968, c.413 (C.30:4D-6). [An] With the exception of an individual eligible for medical assistance pursuant to paragraph b. of this section, an alien who does not qualify as an eligible alien but who is a resident of New Jersey and would otherwise be eligible for medical assistance provided pursuant to section 6 of P.L.1968, c.413 (C.30:4D-6) is 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)).
b. (1) Notwithstanding the provisions of any law, rule, or regulation to the contrary, and to the extent permissible under federal statute, a pregnant undocumented immigrant who would otherwise qualify for medical assistance under section 6 of P.L.1968, c.413 (C.30:4D-6), but for immigration status, shall be entitled to receive such medical assistance through the end of the 60-day period beginning on the last day of the immigrant's pregnancy.
(2) Notwithstanding the provisions of any law, rule, or regulation to the contrary, and to the extent permissible under federal statute, a dependent child of an undocumented immigrant who is entitled to receive medical assistance pursuant to this subsection, shall be entitled to receive such medical assistance up to the age of one year.
(3) This subsection shall be implemented only to the extent that it is in compliance with the provisions of section 441(d) of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," (8 U.S.C. s.1621(d)).
(4) As used in this subsection, "undocumented immigrant" means an immigrant who resides in New Jersey, but who is unable to produce documentary evidence to verify the immigrant's status as an eligible alien, as defined by section 3 of P.L.1968, c.413 (C.30:4D-3), or to show that the immigrant is lawfully present in the United States.
(cf: P.L.1997, c.352, s.2)
2. (New Section) To the extent allowable, the Commissioner of Human Services shall attempt to maximize federal financial participation in implementing the provisions of P.L. , c. (pending before the Legislature as this bill), and shall apply for any federal waivers or state plan amendments as may be necessary to secure such federal financial participation. If federal financial participation is not available, the benefits and services provided under P.L. , c. (pending before the Legislature as this bill) shall be financed with State funds only.
3. (New Section) 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.
4. 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 of this act. If federal financial participation is not approved, the provisions of this act shall become operable upon the appropriation of State funds designated for the implementation of this act.
STATEMENT
This bill extends comprehensive NJ FamilyCare coverage to pregnant undocumented immigrants, and their dependent children up to the age of one year, who reside in the State and do not qualify for such coverage under existing law. Pregnant undocumented individuals would be eligible for full NJ FamilyCare benefits through the end of the 60-day period beginning on the last day of the individual's pregnancy. Under existing State and federal law, undocumented immigrants may receive Medicaid coverage only for care and services necessary for the treatment of an emergency medical condition, which federal statute defines as including emergency labor and delivery.
The bill defines "undocumented immigrant" as an immigrant who resides in the State, but is unable to document the immigrant's status as an eligible alien, as defined in the State's Medicaid statute, or to demonstrate that the immigrant is lawfully present in the United States.
The bill also directs the Commissioner of Human Services to attempt to maximize federal financial participation for the provision of comprehensive NJ FamilyCare benefits for pregnant undocumented immigrants and their dependent children under the age of one year; the bill would remain inoperable until the commissioner receives a determination of federal financial participation regarding the bill's provisions. If federal matching funds are not available, comprehensive NJ FamilyCare benefits for this new eligibility group would commence upon the appropriation of State funds designated for this purpose. The bill additionally stipulates that comprehensive NJ FamilyCare benefits will be provided to this new eligibility group only to the extent allowable under federal statute.
