Bill Text: MN SF2496 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Medical assistance (MA) coverage for noncitizen emergency medical condition expansion
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Health and Human Services [SF2496 Detail]
Download: Minnesota-2011-SF2496-Introduced.html
1.2relating to human services; modifying emergency medical condition for purposes
1.3of medical assistance coverage; amending Minnesota Statutes 2011 Supplement,
1.4section 256B.06, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 256B.06, subdivision 4, is
1.7amended to read:
1.8 Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited
1.9to citizens of the United States, qualified noncitizens as defined in this subdivision, and
1.10other persons residing lawfully in the United States. Citizens or nationals of the United
1.11States must cooperate in obtaining satisfactory documentary evidence of citizenship or
1.12nationality according to the requirements of the federal Deficit Reduction Act of 2005,
1.13Public Law 109-171.
1.14(b) "Qualified noncitizen" means a person who meets one of the following
1.15immigration criteria:
1.16(1) admitted for lawful permanent residence according to United States Code, title 8;
1.17(2) admitted to the United States as a refugee according to United States Code,
1.18title 8, section 1157;
1.19(3) granted asylum according to United States Code, title 8, section 1158;
1.20(4) granted withholding of deportation according to United States Code, title 8,
1.21section 1253(h);
1.22(5) paroled for a period of at least one year according to United States Code, title 8,
1.23section 1182(d)(5);
2.1(6) granted conditional entrant status according to United States Code, title 8,
2.2section 1153(a)(7);
2.3(7) determined to be a battered noncitizen by the United States Attorney General
2.4according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
2.5title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
2.6(8) is a child of a noncitizen determined to be a battered noncitizen by the United
2.7States Attorney General according to the Illegal Immigration Reform and Immigrant
2.8Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
2.9Public Law 104-200; or
2.10(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
2.11Law 96-422, the Refugee Education Assistance Act of 1980.
2.12(c) All qualified noncitizens who were residing in the United States before August
2.1322, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
2.14medical assistance with federal financial participation.
2.15(d) Beginning December 1, 1996, qualified noncitizens who entered the United
2.16States on or after August 22, 1996, and who otherwise meet the eligibility requirements
2.17of this chapter are eligible for medical assistance with federal participation for five years
2.18if they meet one of the following criteria:
2.19(1) refugees admitted to the United States according to United States Code, title 8,
2.20section 1157;
2.21(2) persons granted asylum according to United States Code, title 8, section 1158;
2.22(3) persons granted withholding of deportation according to United States Code,
2.23title 8, section 1253(h);
2.24(4) veterans of the United States armed forces with an honorable discharge for
2.25a reason other than noncitizen status, their spouses and unmarried minor dependent
2.26children; or
2.27(5) persons on active duty in the United States armed forces, other than for training,
2.28their spouses and unmarried minor dependent children.
2.29 Beginning July 1, 2010, children and pregnant women who are noncitizens
2.30described in paragraph (b) or who are lawfully present in the United States as defined
2.31in Code of Federal Regulations, title 8, section103.12 , and who otherwise meet
2.32eligibility requirements of this chapter, are eligible for medical assistance with federal
2.33financial participation as provided by the federal Children's Health Insurance Program
2.34Reauthorization Act of 2009, Public Law 111-3.
2.35(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
2.36are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
3.1subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
3.2Code, title 8, section 1101(a)(15).
3.3(f) Payment shall also be made for care and services that are furnished to noncitizens,
3.4regardless of immigration status, who otherwise meet the eligibility requirements of
3.5this chapter, if such care and services are necessary for the treatment of an emergency
3.6medical condition.
3.7(g) For purposes of this subdivision, the term "emergency medical condition" means
3.8a medical condition that meets the requirements of United States Code, title 42, section
3.91396b(v).
3.10(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
3.11of an emergency medical condition are limited to the following:
3.12(i) services delivered in an emergency room or by an ambulance service licensed
3.13under chapter 144E that are directly related to the treatment of an emergency medical
3.14condition;
3.15(ii) services delivered in an inpatient hospital setting following admission from an
3.16emergency room or clinic for an acute emergency condition;and
3.17(iii) follow-up services that are directly related to the original service provided to
3.18treat the emergency medical condition and are covered by the global payment made to
3.19the provider.; and
3.20(iv) dialysis, if necessary to prevent placing the individual's health in serious
3.21jeopardy, serious impairment of bodily functions, or serious dysfunction of any bodily
3.22organ or part.
3.23 (2) Services for the treatment of emergency medical conditions do not include:
3.24(i) services delivered in an emergency room or inpatient setting to treat a
3.25nonemergency condition;
3.26(ii) organ transplants, stem cell transplants, and related care;
3.27(iii) services for routine prenatal care;
3.28(iv) continuing care, including long-term care, nursing facility services, home health
3.29care, adult day care, day training, or supportive living services;
3.30(v) elective surgery;
3.31(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
3.32part of an emergency room visit;
3.33(vii) preventative health care and family planning services;
3.34(viii)dialysis;
3.35(ix) chemotherapy or therapeutic radiation services;
3.36(x) (ix) rehabilitation services;
4.1(xi) (x) physical, occupational, or speech therapy;
4.2(xii) (xi) transportation services;
4.3(xiii) (xii) case management;
4.4(xiv) (xiii) prosthetics, orthotics, durable medical equipment, or medical supplies;
4.5(xv) (xiv) dental services;
4.6(xvi) (xv) hospice care;
4.7(xvii) (xvi) audiology services and hearing aids;
4.8(xviii) (xvii) podiatry services;
4.9(xix) (xviii) chiropractic services;
4.10(xx) (xix) immunizations;
4.11(xxi) (xx) vision services and eyeglasses;
4.12(xxii) (xxi) waiver services;
4.13(xxiii) (xxii) individualized education programs; or
4.14(xxiv) (xxiii) chemical dependency treatment.
4.15(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
4.16nonimmigrants, or lawfully present in the United States as defined in Code of Federal
4.17Regulations, title 8, section103.12 , are not covered by a group health plan or health
4.18insurance coverage according to Code of Federal Regulations, title 42, section 457.310,
4.19and who otherwise meet the eligibility requirements of this chapter, are eligible for
4.20medical assistance through the period of pregnancy, including labor and delivery, and 60
4.21days postpartum, to the extent federal funds are available under title XXI of the Social
4.22Security Act, and the state children's health insurance program.
4.23(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
4.24services from a nonprofit center established to serve victims of torture and are otherwise
4.25ineligible for medical assistance under this chapter are eligible for medical assistance
4.26without federal financial participation. These individuals are eligible only for the period
4.27during which they are receiving services from the center. Individuals eligible under this
4.28paragraph shall not be required to participate in prepaid medical assistance.
1.3of medical assistance coverage; amending Minnesota Statutes 2011 Supplement,
1.4section 256B.06, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 256B.06, subdivision 4, is
1.7amended to read:
1.8 Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited
1.9to citizens of the United States, qualified noncitizens as defined in this subdivision, and
1.10other persons residing lawfully in the United States. Citizens or nationals of the United
1.11States must cooperate in obtaining satisfactory documentary evidence of citizenship or
1.12nationality according to the requirements of the federal Deficit Reduction Act of 2005,
1.13Public Law 109-171.
1.14(b) "Qualified noncitizen" means a person who meets one of the following
1.15immigration criteria:
1.16(1) admitted for lawful permanent residence according to United States Code, title 8;
1.17(2) admitted to the United States as a refugee according to United States Code,
1.18title 8, section 1157;
1.19(3) granted asylum according to United States Code, title 8, section 1158;
1.20(4) granted withholding of deportation according to United States Code, title 8,
1.21section 1253(h);
1.22(5) paroled for a period of at least one year according to United States Code, title 8,
1.23section 1182(d)(5);
2.1(6) granted conditional entrant status according to United States Code, title 8,
2.2section 1153(a)(7);
2.3(7) determined to be a battered noncitizen by the United States Attorney General
2.4according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
2.5title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
2.6(8) is a child of a noncitizen determined to be a battered noncitizen by the United
2.7States Attorney General according to the Illegal Immigration Reform and Immigrant
2.8Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
2.9Public Law 104-200; or
2.10(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
2.11Law 96-422, the Refugee Education Assistance Act of 1980.
2.12(c) All qualified noncitizens who were residing in the United States before August
2.1322, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
2.14medical assistance with federal financial participation.
2.15(d) Beginning December 1, 1996, qualified noncitizens who entered the United
2.16States on or after August 22, 1996, and who otherwise meet the eligibility requirements
2.17of this chapter are eligible for medical assistance with federal participation for five years
2.18if they meet one of the following criteria:
2.19(1) refugees admitted to the United States according to United States Code, title 8,
2.20section 1157;
2.21(2) persons granted asylum according to United States Code, title 8, section 1158;
2.22(3) persons granted withholding of deportation according to United States Code,
2.23title 8, section 1253(h);
2.24(4) veterans of the United States armed forces with an honorable discharge for
2.25a reason other than noncitizen status, their spouses and unmarried minor dependent
2.26children; or
2.27(5) persons on active duty in the United States armed forces, other than for training,
2.28their spouses and unmarried minor dependent children.
2.29 Beginning July 1, 2010, children and pregnant women who are noncitizens
2.30described in paragraph (b) or who are lawfully present in the United States as defined
2.31in Code of Federal Regulations, title 8, section
2.32eligibility requirements of this chapter, are eligible for medical assistance with federal
2.33financial participation as provided by the federal Children's Health Insurance Program
2.34Reauthorization Act of 2009, Public Law 111-3.
2.35(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
2.36are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
3.1subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
3.2Code, title 8, section 1101(a)(15).
3.3(f) Payment shall also be made for care and services that are furnished to noncitizens,
3.4regardless of immigration status, who otherwise meet the eligibility requirements of
3.5this chapter, if such care and services are necessary for the treatment of an emergency
3.6medical condition.
3.7(g) For purposes of this subdivision, the term "emergency medical condition" means
3.8a medical condition that meets the requirements of United States Code, title 42, section
3.91396b(v).
3.10(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
3.11of an emergency medical condition are limited to the following:
3.12(i) services delivered in an emergency room or by an ambulance service licensed
3.13under chapter 144E that are directly related to the treatment of an emergency medical
3.14condition;
3.15(ii) services delivered in an inpatient hospital setting following admission from an
3.16emergency room or clinic for an acute emergency condition;
3.17(iii) follow-up services that are directly related to the original service provided to
3.18treat the emergency medical condition and are covered by the global payment made to
3.19the provider
3.20(iv) dialysis, if necessary to prevent placing the individual's health in serious
3.21jeopardy, serious impairment of bodily functions, or serious dysfunction of any bodily
3.22organ or part.
3.23 (2) Services for the treatment of emergency medical conditions do not include:
3.24(i) services delivered in an emergency room or inpatient setting to treat a
3.25nonemergency condition;
3.26(ii) organ transplants, stem cell transplants, and related care;
3.27(iii) services for routine prenatal care;
3.28(iv) continuing care, including long-term care, nursing facility services, home health
3.29care, adult day care, day training, or supportive living services;
3.30(v) elective surgery;
3.31(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
3.32part of an emergency room visit;
3.33(vii) preventative health care and family planning services;
3.34(viii)
3.35
3.36
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4.15(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
4.16nonimmigrants, or lawfully present in the United States as defined in Code of Federal
4.17Regulations, title 8, section
4.18insurance coverage according to Code of Federal Regulations, title 42, section 457.310,
4.19and who otherwise meet the eligibility requirements of this chapter, are eligible for
4.20medical assistance through the period of pregnancy, including labor and delivery, and 60
4.21days postpartum, to the extent federal funds are available under title XXI of the Social
4.22Security Act, and the state children's health insurance program.
4.23(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
4.24services from a nonprofit center established to serve victims of torture and are otherwise
4.25ineligible for medical assistance under this chapter are eligible for medical assistance
4.26without federal financial participation. These individuals are eligible only for the period
4.27during which they are receiving services from the center. Individuals eligible under this
4.28paragraph shall not be required to participate in prepaid medical assistance.
