Reply #33: SCHIP and legal immigrants

[onenote]

A number of posters are upset with the fact that SCHIP doesn't cover legal immigrants and some even seem to think that this bill changes the law to eliminate coverage that previously existed.

Unless I'm mistaken (and I'm open to someone showing me that I am), the proposed law does not substantially change current law with respect to coverage for legal immigrants. Moreover, the current law does not impose an absolute bar on SCHIP coverage for legal immigrants. What it imposes is a five-year 'waiting period'. Here is one explanation of the law that I found:

Currently: Permanent documented immigrants are eligible for public coverage but are subject to restrictions and stipulations. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 restricted documented immigrants arriving after August 22, 1996 from receiving federally-matched Medicaid coverage for their first five years in residence.

See also http://www.cms.hhs.gov/MedicaidEligibility/downloads/FiveYearBar3.pdf

As I understand it, there was an attempt made to include language in the new SCHIP bill that would've given states the option of covering legal immigrants during their first five years of residence, but that provision didn't make it into the final bill. I wish it had, but I think its important (assuming the information I've found is correct) not to overstate the current (and proposed) law's treatment of legal immigrants.