Struck = removed from the bill ·
added = the amendment's new text.
HCASB194 4921 5787 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.House Committee on Health and Welfare to Engrossed Senate Bill No.
194 BYby SENATORSSenator MIGUEZMiguez ANDAMENDMENT HODGESNO. AN ACT To amend and reenact R.S.
46:233.4,1 relativeOn topage public1, assistance;line 11, after "law" and before "has" delete "or" and insert a comma "," AMENDMENT NO.
to2 provideOn forpage referral1, at the end of applicantsline for12, assistanceinsert whoa arecomma not"," validand citizens"or orreceivescoveragepursuant immigrants;to 43 U.S.C.
to1396b(v)(4)." requirePage notification1 toof federal1 authorities;CODING:
andWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored toare provideadditions. for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
46:233.4 is hereby amended and reenacted to read as follows:
§233.4.
Verification of citizenship of applicants for public benefits A.Exceptasprohibitedbyfederallaw,astateagencyorpoliticalsubdivision shall verifythat each applicant who applies for federal, state, or local public benefit is a person who has been recognized as a citizen of the United States by birthright, naturalization,oranyothermethodprovidedforunderapplicablefederallawor,has satisfactoryimmigrationstatusasaqualifiedalienasdefinedin8U.S.C.1641(b),or receives coverage pursuant to 42 U.S.C.
1396b(v)(4).
B.
ForthepurposesofMedicaid,Medicare,theSupplementalNutrition Assistance Program (SNAP), and any health plan offered through the AffordableCareActmarketplace,theterm"qualifiedalien"shallbelimitedto:
(1)Analienlawfullyadmittedforpermanentresidenceasanimmigrant, as defined in 8 U.S.C.
1101(a)(15) and 1101(a)(20), excluding alien visitors, tourists, diplomats, students, and other individuals admitted temporarily without intent to abandon a foreign residence.
(2) An alien granted the status of Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Pub.
L.
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194 ENROLLED 96-422).
(3) An individual lawfully residing in the United States pursuant to a Compact of Free Association, as referenced in 8 U.S.C.
1612(b)(2)(G).
B.C.
For an applicant claiming United States citizenship or satisfactory immigration status under 8 U.S.C.
1641(b), the state agencyor political subdivision shall make every reasonable effort to ascertain verification of the applicant's citizenship or immigration status.
D.(1) For any applicant seeking enrollment in Medicaid, the Louisiana DepartmentofHealthshallprovideasinglereasonableopportunityperiod,not to exceed the minimum period required under federal law, for verification of UnitedStatescitizenshiporsatisfactoryimmigrationstatusasaqualifiedalien, as defined in Subsection B of this Section, when such status cannot be verified through available data sources.
(2) Medicaid coverage may be provided provisionally during the reasonable opportunity period where required by federal law.
(3) 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.
(4)Noadditional reasonableopportunity period shall be grantedtoany applicantwhohaspreviouslybeendeniedeligibilityatanytimeduetoafailure to verify citizenship or satisfactory immigration status.
(5)Thedepartmentshallseekanystateplanamendmentorwaiverfrom the Centers for Medicare and Medicaid Services necessary to carry out the provisions of this Section.
(6) The department has the discretion to provide emergency healthcare services.
C.E.
Upon the termination of any reasonable opportunity period to verify citizenship status or receipt of a final verification that indicates that the applicant is not a United States citizen or lacks satisfactory immigration status and has entered theUnitedStateswithoutinspectionoradmissionorremainedbeyondtheexpiration Page 2 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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194 ENROLLED of his authorized period of stay, the state agency or political subdivision shall:
(1) Refer the applicant's information, including unsatisfactory immigration status, to United States Immigration and Customs Enforcement.
(2)ProvideamonthlyreportcompilingtheinformationpursuanttoParagraph (1) of this Subsection to the secretaryof state for voter list maintenance purposes.
(3) Terminateanyrecurringfederal,state, or local public benefits as defined in Subsection EH of this Section.
F.Theentireincomeandfinancialresourcesof anyindividual rendered ineligible for participation in SNAP under 7 U.S.C.
2015(f) and Subsections A andBofthisSectionshallbeconsideredavailabletothehouseholdandshallbe includedindeterminingtheeligibilityandbenefitallotmentofthehouseholdof which such individual is a member.
D.G.
A state agencyor political subdivision that administers federal or state public benefits shall report at the end of each fiscal year to the president of the Senate, speaker of the House of Representatives, governor, and David R.
Poynter Legislative Research Library on the results of the citizenship verification requirements of this Section.
The report shall include but not be limited to the number of individuals reported to United States Immigration and Customs Enforcementandthenumberofindividuals whohadpublicassistanceterminatedin accordance with this Section.
E.H.
For the purposes of this Section, a federal, state, or local public benefit shall include any retirement, welfare, health, disability, public or assisted housing, food assistance, unemployment benefit, or any other similar benefit for which paymentsorassistanceareprovidedtoanindividual,household,orfamilyeligibility unit by an agency of the United States, this state, or a political subdivision of this state or by appropriated funds of the United States, this state, or a political subdivision of this state.
F.I.
For purposes of any benefits paid by any public pension or retirement system, fund, or plan, the verification of a public employee's United States citizenship or satisfactory immigration status at the time of their enrollment in a Page 3 of 4 Coding:
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194 ENROLLED public pension or retirement system, fund, or plan shall satisfy the verification requirements of Subsection A of this Section.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.