Health and Nutrition Access for All Act

I 116TH CONGRESS 2D SESSION H. R. 9008 To remove barriers to health care and nutrition assistance for children, pregnant persons, and lawfully present individuals, under the Medicaid program under title XIX of the Social Security Act, the Children’s Health Insurance Program under title XXI of such Act, and under the supplemental nutrition assistance program under the Food and Nutri- tion Act of 2008, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 17, 2020 Mr. GARCI´A of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To remove barriers to health care and nutrition assistance for children, pregnant persons, and lawfully present indi- viduals, under the Medicaid program under title XIX of the Social Security Act, the Children’s Health Insur- ance Program under title XXI of such Act, and under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:00 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9008.IH H9008 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9008 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Health and Nutrition 2 Access for All Act’’. 3 SEC. 2. REMOVING BARRIERS TO HEALTH CARE AND NU- 4 TRITION ASSISTANCE FOR CHILDREN, PREG- 5 NANT PERSONS, AND LAWFULLY PRESENT IN- 6 DIVIDUALS. 7 (a) MEDICAID.—Section 1903(v) of the Social Secu- 8 rity Act (42 U.S.C. 1396b(v)) is amended by striking 9 paragraph (4) and inserting the following new paragraph: 10 ‘‘(4)(A) Notwithstanding sections 401(a), 402(b), 11 403, and 421 of the Personal Responsibility and Work Op- 12 portunity Reconciliation Act of 1996 and paragraph (1), 13 payment shall be made to a State under this section for 14 medical assistance furnished to an alien under this title 15 (including an alien described in such paragraph) who 16 meets any of the following conditions: 17 ‘‘(i) The alien is otherwise eligible for such as- 18 sistance under the State plan approved under this 19 title (other than the requirement of the receipt of 20 aid or assistance under title IV, supplemental secu- 21 rity income benefits under title XVI, or a State sup- 22 plementary payment) within either or both of the 23 following eligibility categories: 24 ‘‘(I) Children under 21 years of age, in- 25 cluding any optional targeted low-income child 26 VerDate Sep 11 2014 23:00 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9008.IH H9008 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9008 IH (as such term is defined in section 1 1905(u)(2)(B)). 2 ‘‘(II) Pregnant persons during pregnancy 3 and during the 12-month period beginning on 4 the last day of the pregnancy. 5 ‘‘(ii) The alien is lawfully present in the United 6 States. 7 ‘‘(B) No debt shall accrue under an affidavit of sup- 8 port against any sponsor of an alien who meets the condi- 9 tions specified in subparagraph (A) on the basis of the 10 provision of medical assistance to such alien under this 11 paragraph and the cost of such assistance shall not be con- 12 sidered as an unreimbursed cost.’’. 13 (b) SCHIP.—Subparagraph (N) of section 14 2107(e)(1) of the Social Security Act (42 U.S.C. 15 1397gg(e)(1)) is amended to read as follows: 16 ‘‘(N) Paragraph (4) of section 1903(v) (re- 17 lating to coverage of categories of children, 18 pregnant persons, and other lawfully present in- 19 dividuals).’’. 20 (c) SUPPLEMENTAL NUTRITION ASSISTANCE.—Not- 21 withstanding sections 401(a), 402(a), and 403(a) of the 22 Personal Responsibility and Work Opportunity Reconcili- 23 ation Act of 1996 (8 U.S.C. 1611(a); 1612(a); 1613(a)) 24 and section 6(f) of the Food and Nutrition Act of 2008 25 VerDate Sep 11 2014 23:00 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9008.IH H9008 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9008 IH (7 U.S.C. 2015(f)), persons who are lawfully present in 1 the United States shall not be ineligible for benefits under 2 the supplemental nutrition assistance program on the 3 basis of their immigration status or date of entry into the 4 United States. 5 (d) ELIGIBILITY FOR FAMILIES WITH CHILDREN.— 6 Section 421(d)(3) of the Personal Responsibility and 7 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 8 1631(d)(3)) is amended by striking ‘‘to the extent that 9 a qualified alien is eligible under section 402(a)(2)(J)’’ 10 and inserting, ‘‘to the extent that a child is a member of 11 a household under the supplemental nutrition assistance 12 program’’. 13 (e) ENSURING PROPER SCREENING.—Section 14 11(e)(2)(B) of the Food and Nutrition Act of 2008 (7 15 U.S.C. 2020(e)(2)(B)) is amended— 16 (1) by redesignating clauses (vi) and (vii) as 17 clauses (vii) and (viii); and 18 (2) by inserting after clause (v) the following: 19 ‘‘(vi) shall provide a method for imple- 20 menting section 421 of the Personal Re- 21 sponsibility and Work Opportunity Rec- 22 onciliation Act of 1996 (8 U.S.C. 1631) 23 that does not require any unnecessary in- 24 VerDate Sep 11 2014 20:53 Jan 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9008.IH H9008 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 9008 IH formation from persons who may be ex- 1 empt from that provision;’’. 2 Æ VerDate Sep 11 2014 23:00 Jan 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H9008.IH H9008 pbinns on DSKJLVW7X2PROD with BILLS