Report Title:

Medical insurance; immigrants

 

Description:

Restores eligibility to state-funded QUEST medical insurance to qualified immigrants who arrived in the United States after August 22, 1996. Appropriates funds for this purpose.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

779

TWENTY-FIRST LEGISLATURE, 2001

  

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.

Despite the fact that scholars, courts, and attorneys general have declared these discriminatory provisions illegal, Hawaii has failed to accord immigrants the equal protections they are entitled. 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 qualified immigrants who arrived in the United State after August 22, 1996. Timely access to health care ensures the health of the individual and reduces exposure to communicable diseases to the public at-large. Since emergency medicaid coverage is available for low-income immigrants with a bona fide emergency medical status, it is cost-effective and humane to provide QUEST coverage for qualified immigrants. QUEST coverage for qualified immigrants will reduce emergency room visits and stem illness and disease before they reaches a stage that requires emergency intervention.

The purpose of this Act is to restore eligibility to QUEST benefits to qualified immigrants who arrived in the United States after August 22, 1996.

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, regardless of age, for all qualified:

(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, including Palau, the Federated States of Micronesia, and the Marshall Islands, and who are eligible for benefits under the State's medicaid programs, QUEST, and the State's children health insurance program, 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 $ or so much thereof as may be necessary for fiscal year 2001-2002 and the sum of $ or so much thereof as may be necessary for fiscal year 2002-2003 to provide state-funded medical assistance 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, including Palau, the Federated States of Micronesia, and the Marshall Islands, and who are otherwise eligible for benefits under the State's medicaid programs, QUEST, and the State's children health insurance program, 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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