By skyforbes If you thought the line at your local DMV was long, try waiting five years.
Context and what the legislation does
Although undocumented immigrants aren’t eligible for such healthcare programs as Obamacare, Medicare, Medicaid, or the Children’s Health Insurance Program (CHIP), lawfully present immigrants are. However, most of them must wait five years after achieving such “qualified” immigration status before they can enroll. (Some exceptions to that five-year wait are permitted, such as for refugees or people seeking asylum.)
The HEAL (Health Equity and Access under Law) for Immigrant Families Act would eliminate the five-year wait for immigrants to enroll in Medicaid and CHIP. It would also let undocumented immigrants enroll in the healthcare exchanges established by Obamacare, also known as the Affordable Care Act.
The House version was introduced on May 12 as H.R. 3149, by Rep. Pramila Jayapal (D-WA7). The Senate version was introduced a few days later on May 17 as S. 1660, by Sen. Cory Booker (D-NJ).
What supporters say
Supporters argue that the pandemic proved the necessity of ensuring that everybody in the U.S. had access to healthcare, no matter their status.
“We must finally guarantee health care to everyone as a human right — regardless of immigration status, income, employment, or anything else,” Rep. Jayapal said in a press release. “As a proud immigrant who came to this country alone at the age of 16, I know that the [legislation] is an urgent, necessary, and just first step to eliminating senseless barriers to health care, making our communities healthier, and ensuring all immigrants get the care they need — during a pandemic and always.”
“For far too long, many immigrant communities have been unfairly denied access to health coverage leading many individuals and families to go without necessary, essential health services, such as preventive care, diagnostic testing, and treatments,” Sen. Booker said in a separate press release. “The COVID-19 pandemic highlights the urgency of addressing these health coverage gaps as immigrant communities face heightened risks for the disease. Health care is a right, and it shouldn’t depend on one’s immigration status.”
What opponents say
Current congressional Republicans generally oppose the legislation, as one would expect. However, the original five-year wait provision was enacted with bipartisan support, including from many Democrats, who defended it as a benevolent measure since it can take some immigrants much, much longer than five years to actually become citizens.
Calling the law “tough but humane,” the provision “does not deny Medicaid benefits for legal immigrants retroactively and applies the ban on benefits for five years instead of until citizenship to legal immigrants,” former Rep. Glenn Poshard (D-IL9) said on the House floor at the time.
The provision was included in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and was signed by Democratic President Bill Clinton. (See section 403 of that link for the actual text of the provision.)
Odds of passage
The legislation was introduced in the previous Congress under a slightly different title: the HEAL for Immigrant Women and Families Act. Why the word “women” was eliminated from the current version is unclear.
The prior House version attracted 76 cosponsors, all Democrats, but never received a committee vote despite Democrats controlling the chamber at the time. The current version has attracted a slightly larger 85 cosponsors, all Democrats, and awaits a potential vote in either the House Energy and Commerce or Ways and Means Committee.
The prior Senate version attracted nine cosponsors: eight Democrats and one independent. It never received a vote in the then-Republican controlled chamber. The current version has attracted a slightly larger 10 cosponsors, nine Democrats and one independent, and awaits a potential vote in the Senate Finance Committee.
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This article was written by GovTrack Insider staff writer Jesse Rifkin.
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