Protect Medicaid Act

I 116TH CONGRESS 1ST SESSION H. R. 2856 To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to indi- viduals who are unauthorized immigrants. IN THE HOUSE OF REPRESENTATIVES MAY 21, 2019 Mr. HUDSON (for himself, Mr. BIGGS, Mr. GAETZ, Mr. GOSAR, Mr. DAVID P. ROE of Tennessee, Mr. MEUSER, Mr. MULLIN, Mr. GROTHMAN, Mr. LUETKEMEYER, Mr. JOHNSON of Louisiana, Mr. BUDD, Mr. CARTER of Georgia, Mr. MEADOWS, Mr. DUNCAN, Mr. BANKS, Mr. HUNTER, Mr. BROOKS of Alabama, Mr. BUCK, Mr. GIBBS, Mr. NORMAN, Mr. WRIGHT, Mr. GOODEN, Mr. ABRAHAM, Mr. WEBER of Texas, Mr. HARRIS, Mr. LAMALFA, Mr. JOYCE of Pennsylvania, Mr. MCCLINTOCK, and Mr. KELLY of Mississippi) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to prohibit Federal Medicaid funding for the administrative costs of providing health benefits to individuals who are unau- thorized immigrants. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Medicaid Act’’. 4 VerDate Sep 11 2014 03:01 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2856.IH H2856 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2856 IH SEC. 2. PROHIBITING FEDERAL MEDICAID FUNDING FOR 1 THE ADMINISTRATIVE COSTS OF PROVIDING 2 HEALTH BENEFITS TO INDIVIDUALS WHO 3 ARE UNAUTHORIZED IMMIGRANTS. 4 Section 1903(i) of the Social Security Act (42 U.S.C. 5 1396b(i)) is amended— 6 (1) in paragraph (26), by striking ‘‘; or’’ and 7 inserting a semicolon; 8 (2) in paragraph (27), by striking the period at 9 the end and inserting ‘‘; or’’; and 10 (3) by inserting after paragraph (27) the fol- 11 lowing new paragraph: 12 ‘‘(28) with respect to any amounts expended for 13 the administration of a State program that provides 14 health benefits to noncitizens who are ineligible for 15 medical assistance under this title on the basis of 16 not having a satisfactory immigration status (as de- 17 fined in section 1137(d)(1)(B)(iii)) (except that such 18 prohibition shall not be construed as prohibiting 19 payment under the preceding provisions of this sec- 20 tion for costs attributable to the establishment or 21 operation of a system designed to ensure compliance 22 with such prohibition).’’. 23 SEC. 3. INSPECTOR GENERAL REPORT. 24 Not later than 180 days after the date of enactment 25 of this Act, the Inspector General of the Department of 26 VerDate Sep 11 2014 03:01 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2856.IH H2856 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2856 IH Health and Human Services shall submit to Congress a 1 report that includes the following information with respect 2 to States that provide health benefits to noncitizens who 3 are ineligible on the basis of immigration status for med- 4 ical assistance under title XIX of the Social Security Act 5 (42 U.S.C. 1396 et seq.): 6 (1) How such States separate amounts ex- 7 pended on the administrative costs related to the 8 State’s Medicaid program and amounts expended on 9 administrative costs related to providing health ben- 10 efits to such noncitizens. 11 (2) The types of procedures, protocols, or sys- 12 tems that such States employ to ensure that they 13 are in full compliance with prohibitions on the use 14 of Federal funding to provide health benefits to such 15 noncitizens and how effective they are at ensuring 16 compliance. 17 (3) A description of States’ methods of financ- 18 ing State programs that provide health benefits to 19 noncitizens who are ineligible for medical assistance 20 due to not having a satisfactory immigration status, 21 including through the increased use of provider taxes 22 and intergovernmental transfers to finance the non- 23 Federal share of expenditures under the State Med- 24 VerDate Sep 11 2014 03:01 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2856.IH H2856 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2856 IH icaid program for medical assistance provided to in- 1 dividuals who are not so ineligible. 2 (4) An analysis of— 3 (A) the extent to which such noncitizens 4 are provided covered outpatient drugs pur- 5 chased under— 6 (i) the Medicaid Drug Rebate Pro- 7 gram under section 1927 of the Social Se- 8 curity Act (42 U.S.C. 1396r–8); or 9 (ii) the drug discount program under 10 section 340B of the Public Health Service 11 Act (42 U.S.C. 256b); and 12 (B) the effect that the provision to such 13 noncitizens of covered outpatient drugs pur- 14 chased under the programs described in sub- 15 paragraph (A) has on the average manufacturer 16 price (as defined in section 1927(k)(1) of the 17 Social Security Act (42 U.S.C. 1396r–8(k)(1))) 18 of such drugs, including whether the average 19 manufacturer price for such drugs would be 20 lower if no drugs purchased under such pro- 21 grams were provided to such noncitizens. 22 Æ VerDate Sep 11 2014 03:01 Jun 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2856.IH H2856 pamtmann on DSKBFK8HB2PROD with BILLS