1.1 	A bill for an act
1.2 	relating to human services; eliminating state health program coverage of services 
1.3 	other than labor and delivery for undocumented, pregnant noncitizens; amending 
1.4 	Minnesota Statutes 2005 Supplement, section 256B.06, subdivision 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 256B.06, subdivision 4, is 
1.7 	amended to read:
1.8 		Subd. 4.Citizenship requirements. (a) Eligibility for medical assistance is limited 
1.9 	to citizens of the United States, qualified noncitizens as defined in this subdivision, and 
1.10 	other persons residing lawfully in the United States.
1.11 	(b) "Qualified noncitizen" means a person who meets one of the following 
1.12 	immigration criteria:
1.13 	(1) admitted for lawful permanent residence according to United States Code, title 8;
1.14 	(2) admitted to the United States as a refugee according to United States Code, 
1.15 	title 8, section 1157;
1.16 	(3) granted asylum according to United States Code, title 8, section 1158;
1.17 	(4) granted withholding of deportation according to United States Code, title 8, 
1.18 	section 1253(h);
1.19 	(5) paroled for a period of at least one year according to United States Code, title 8, 
1.20 	section 1182(d)(5);
1.21 	(6) granted conditional entrant status according to United States Code, title 8, 
1.22 	section 1153(a)(7);
2.1 	(7) determined to be a battered noncitizen by the United States Attorney General 
2.2 	according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 
2.3 	title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
2.4 	(8) is a child of a noncitizen determined to be a battered noncitizen by the United 
2.5 	States Attorney General according to the Illegal Immigration Reform and Immigrant 
2.6 	Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, 
2.7 	Public Law 104-200; or
2.8 	(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public 
2.9 	Law 96-422, the Refugee Education Assistance Act of 1980.
2.10 	(c) All qualified noncitizens who were residing in the United States before August 
2.11 	22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for 
2.12 	medical assistance with federal financial participation.
2.13 	(d) All qualified noncitizens who entered the United States on or after August 22, 
2.14 	1996, and who otherwise meet the eligibility requirements of this chapter, are eligible for 
2.15 	medical assistance with federal financial participation through November 30, 1996.
2.16 	Beginning December 1, 1996, qualified noncitizens who entered the United States 
2.17 	on or after August 22, 1996, and who otherwise meet the eligibility requirements of this 
2.18 	chapter are eligible for medical assistance with federal participation for five years if they 
2.19 	meet one of the following criteria:
2.20 	(i) refugees admitted to the United States according to United States Code, title 8, 
2.21 	section 1157;
2.22 	(ii) persons granted asylum according to United States Code, title 8, section 1158;
2.23 	(iii) persons granted withholding of deportation according to United States Code, 
2.24 	title 8, section 1253(h);
2.25 	(iv) veterans of the United States armed forces with an honorable discharge for 
2.26 	a reason other than noncitizen status, their spouses and unmarried minor dependent 
2.27 	children; or
2.28 	(v) persons on active duty in the United States armed forces, other than for training, 
2.29 	their spouses and unmarried minor dependent children.
2.30 	Beginning December 1, 1996, qualified noncitizens who do not meet one of the 
2.31 	criteria in items (i) to (v) are eligible for medical assistance without federal financial 
2.32 	participation as described in paragraph (j).
2.33 	(e) Noncitizens who are not qualified noncitizens as defined in paragraph (b), 
2.34 	who are lawfully residing in the United States and who otherwise meet the eligibility 
2.35 	requirements of this chapter, are eligible for medical assistance under clauses (1) to (3). 
2.36 	These individuals must cooperate with the Immigration and Naturalization Service to 
3.1 	pursue any applicable immigration status, including citizenship, that would qualify them 
3.2 	for medical assistance with federal financial participation.
3.3 	(1) Persons who were medical assistance recipients on August 22, 1996, are eligible 
3.4 	for medical assistance with federal financial participation through December 31, 1996.
3.5 	(2) Beginning January 1, 1997, persons described in clause (1) are eligible for 
3.6 	medical assistance without federal financial participation as described in paragraph (j).
3.7 	(3) Beginning December 1, 1996, persons residing in the United States prior to 
3.8 	August 22, 1996, who were not receiving medical assistance and persons who arrived on 
3.9 	or after August 22, 1996, are eligible for medical assistance without federal financial 
3.10 	participation as described in paragraph (j).
3.11 	(f) Nonimmigrants who otherwise meet the eligibility requirements of this chapter 
3.12 	are eligible for the benefits as provided in paragraphs (g) to (i). For purposes of this 
3.13 	subdivision, a "nonimmigrant" is a person in one of the classes listed in United States 
3.14 	Code, title 8, section 1101(a)(15).
3.15 	(g) Payment shall also be made for care and services that are furnished to noncitizens, 
3.16 	regardless of immigration status, who otherwise meet the eligibility requirements of 
3.17 	this chapter, if such care and services are necessary for the treatment of an emergency 
3.18 	medical condition, except for organ transplants and related care and services and routine 
3.19 	prenatal care.
3.20 	(h) For purposes of this subdivision, the term "emergency medical condition" means 
3.21 	a medical condition that meets the requirements of United States Code, title 42, section 
3.22 	1396b(v).
3.23 	(i) Pregnant noncitizens who are ~~undocumented,~~ nonimmigrants, or eligible for 
3.24 	medical assistance as described in paragraph (j), and who are not covered by a group 
3.25 	health plan or health insurance coverage according to Code of Federal Regulations, title 
3.26 	42, section 457.310, and who otherwise meet the eligibility requirements of this chapter, 
3.27 	are eligible for medical assistance through the period of pregnancy, including labor and 
3.28 	delivery, to the extent federal funds are available under title XXI of the Social Security 
3.29 	Act, and the state children's health insurance program, followed by 60 days postpartum 
3.30 	without federal financial participation.
3.31 	(j) Qualified noncitizens as described in paragraph (d), and all other noncitizens 
3.32 	lawfully residing in the United States as described in paragraph (e), who are ineligible 
3.33 	for medical assistance with federal financial participation and who otherwise meet the 
3.34 	eligibility requirements of chapter 256B and of this paragraph, are eligible for medical 
3.35 	assistance without federal financial participation. Qualified noncitizens as described 
4.1 	in paragraph (d) are only eligible for medical assistance without federal financial 
4.2 	participation for five years from their date of entry into the United States.
4.3 	(k) Beginning October 1, 2003, persons who are receiving care and rehabilitation 
4.4 	services from a nonprofit center established to serve victims of torture and are otherwise 
4.5 	ineligible for medical assistance under this chapter are eligible for medical assistance 
4.6 	without federal financial participation. These individuals are eligible only for the period 
4.7 	during which they are receiving services from the center. Individuals eligible under this 
4.8 	paragraph shall not be required to participate in prepaid medical assistance.