Report Title:

QUEST benefits; pregnant immigrants

Description:

Restores QUEST benefits to income-eligible legal immigrants and migrants during and three months after pregnancy. Appropriates $1 in FY 2003-2004 and $1 in FY 2004-2005 for this purpose.

HOUSE OF REPRESENTATIVES

H.B. NO.

672

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HUMAN SERVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that with the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Congress eliminated medical assistance and other benefits from income-qualified immigrants. A citizen's right to these benefits were, however, untouched. Scholars, courts, and attorneys general have declared these discriminatory provisions illegal. However, Hawaii has rectified this situation in part by restoring eligibility to QUEST coverage for income-qualified immigrant children under the age of nineteen.

The legislature further finds that it is prudent to also cover pregnant immigrants whose incomes qualify them for QUEST coverage. Timely and regular prenatal care greatly enhances the probability of uncomplicated, healthy births. Since emergency medicaid coverage is available for low-income uninsured immigrant women for delivery services, and since the infant born will be eligible for medicaid or QUEST, it is both humane and cost-effective to provide QUEST coverage for immigrant women and give them access to prenatal care.

The purpose of this Act is to restore QUEST benefits to income-eligible legal immigrants and migrants during and three months after pregnancy with state-only funds.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-    Medical assistance to legal immigrants and migrants. The department shall provide state-funded medical assistance during the course of pregnancy and for up three months post-partum for:

(1) Legal permanent residents who arrived in the United States after August 22, 1996;

(2) Persons who are permanently residing in the United States under color of law; and

(3) Persons from member countries of the Compacts of Free Association;

who are otherwise eligible for benefits under the State's medicaid programs, including QUEST, but are ineligible due to restricted eligibility rules imposed by Title XXI of the Social Security Act in the federal Balanced Budget Act of 1997 or the Personal Responsibility and Work Reconciliation Act of 1996."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $1 or so much thereof as may be necessary for fiscal year 2004-2005 to provide state-funded medical assistance during the course of pregnancy and for up to three months post-partum for:

(1) Legal permanent residents who arrived in the United States after August 22, 1996;

(2) Persons who are permanently residing in the United States under color of law; and

(3) Persons from member countries of the Compacts of Free Association;

who are otherwise eligible for benefits under the State's medicaid programs, including QUEST, but are ineligible due to restricted eligibility rules imposed by Title XXI of the Social Security Act in the federal Balanced Budget Act of 1997 or the Personal Responsibility and Work Reconciliation Act of 1996.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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