SNAP and Medicaid benefits; persons who are not US citizens are not eligible for unless meet definition of an eligible alien.

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To: Medicaid
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Shanks

HOUSE BILL NO. 1513

AN ACT TO CREATE NEW SECTION 43-12-10, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT INDIVIDUALS WHO ARE NOT UNITED STATES 2
CITIZENS SHALL NOT BE ELIGIBLE FOR SNAP OR MEDICAID UNLESS THE 3
INDIVIDUAL MEETS THE DEFINITION OF AN ELIGIBLE ALIEN; TO PROVIDE 4
THAT THE DEPARTMENT OF HUMAN SERVICES AND THE DIVISION OF MEDICAID 5
MUST VERIFY THE ELIGIBILITY OF THOSE INDIVIDUALS DURING ENROLLMENT 6
AND ELIGIBILITY REDETERMINATION USING THE SAVE SERVICE; TO REQUIRE 7
THE DIVISION AND THE DEPARTMENT TO REPORT TO THE APPROPRIATE LAW 8
ENFORCEMENT AUTHORITIES OR FEDERAL AGENCIES INFORMATION CONCERNING 9
ANY HOUSEHOLD MEMBER FOR WHOM IT IS UNABLE TO VERIFY ELIGIBLE 10
ALIEN STATUS; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. The following shall be codified as Section 13
43-12-10, Mississippi Code of 1972: 14
43-12-10. Eligible aliens for welfare and enhanced 15
verification of citizenship or immigration status. (1) No 16
individual who is not a United States citizen or national of the 17
United States shall be eligible for SNAP, unless that individual 18
meets the definition of an eligible alien under 7 USC Section 19
2015(f) and meets the definition of a qualified alien under 8 USC 20
Section 1641(b). 21
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(2) No individual who is not a United States citizen or 22
national of the United States shall be eligible for Medicaid, 23
unless that individual meets the definition of an eligible alien 24
under 42 USC Section 1396b(v) and meets the definition of a 25
qualified alien under 8 USC Section 1641(b). 26
(3) The department shall be required to verify that an 27
individual is eligible pursuant to subsection (1) and subsection 28
(2) of this section during enrollment and eligibility 29
redetermination by verifying citizenship or eligible alien status 30
using the Systematic Alien Verification for Entitlements (SAVE) 31
service or requiring the individual to provide an acceptable form 32
of proof of citizenship or eligible alien status, including ,but 33
not limited to, certified birth certificates, United States 34
passports, and United States Customs and Immigration Services 35
documentation. 36
(4) The department shall submit to the appropriate law 37
enforcement authorities, including, but not limited to, the United 38
States Department of Homeland Security, information concerning any 39
household member for whom it is determined to be an unlawfully 40
present alien, regardless of whether such household member is 41
applying to participate in the program as a member of such 42
household. 43
(5) The Department of Human Services shall submit to the 44
United States Department of Agriculture information concerning any 45
household member for whom it is unable to verify eligible alien 46
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status, regardless of whether such household member is applying to 47
participate in SNAP as a member of such household. 48
(6) The Division of Medicaid shall submit to the United 49
States Department of Health and Human Services information 50
concerning any household member for whom it is unable to verify 51
eligible alien status, regardless of whether such household member 52
is applying for Medicaid as a member of such household. 53
(7) The entire income and financial resources of any 54
individual rendered ineligible for participation in SNAP under 7 55
USC Section 2015(f) shall be considered in determining the 56
eligibility and benefit allotment of the household of which such 57
individual is a member. 58
(8) The Division of Medicaid shall adhere to the following 59
requirements regarding the reasonable opportunity period for 60
verification of United States citizenship or eligible alien status 61
for Medicaid: 62
(a) When an applicant's status cannot be verified 63
through available data sources, the division shall provide only a 64
single reasonable opportunity period, consistent with the minimum 65
period required under federal law, for the applicant to provide 66
verification. 67
(b) Medicaid coverage may only be provided 68
provisionally during the reasonable opportunity period. 69
(c) Failure to submit acceptable documentation within 70
the reasonable opportunity period required under federal law shall 71
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result in denial or termination of Medicaid eligibility, subject 72
to required notice. 73
(d) No additional reasonable opportunity period shall 74
be granted to any applicant who has previously been denied 75
eligibility at any time due to a failure to verify citizenship or 76
eligible alien status. 77
(9) The Division of Medicaid shall require a field for 78
citizenship or eligible alien status on all presumptive 79
eligibility applications. The division shall require hospitals, 80
clinics, and other qualified entities authorized to conduct 81
presumptive eligibility determinations to collect and transmit 82
attestations of citizenship or eligible alien status to the 83
division. No presumptive eligibility application shall be 84
approved unless the applicant certifies that they are a United 85
States citizen, United States national, or alien eligible for 86
Medicaid pursuant to 42 USC Section 1396b(v) and subsection (2) of 87
this section. 88
(10) The Division of Medicaid shall: 89
(a) Require each hospital that accepts Medicaid to 90
include a provision on its patient admission or registration forms 91
for the patient or the patient's representative to state or 92
indicate whether the patient is a United States citizen or 93
lawfully present in the United States or is not lawfully present 94
in the United States. 95
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(b) Require each hospital that accepts Medicaid to 96
inform a patient, at the time this information is collected, that 97
any submission made on an admission or registration form will not 98
affect patient care, as required by federal law. 99
(c) Require that each hospital submits a quarterly 100
report to the division within thirty (30) days after the end of 101
each calendar quarter that reports the number of hospital 102
admissions or emergency department visits within the previous 103
quarter that were made by a patient who indicated that he or she 104
was a citizen of the United States or lawfully present in the 105
United States, was not lawfully present in the United States, or 106
declined to answer. 107
(d) By April 1 of each year, submit a report to the 108
Governor, the Lieutenant Governor, and the Speaker of the House of 109
Representatives that includes the total number of hospital 110
admissions and emergency department visits for the previous 111
calendar year for which the patient or patient's representative 112
reported that the patient was a citizen of the United States or 113
lawfully present in the United States, was not lawfully present in 114
the United States, or declined to answer. The report must also 115
describe information relating to the costs of uncompensated care 116
for aliens who are not lawfully present in the United States, the 117
impact of uncompensated care on the cost or ability of hospitals 118
to provide services to the public, hospital funding needs, and 119
other related information. 120
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ST: SNAP and Medicaid benefits; persons who are
not US citizens are not eligible for unless meet
definition of an eligible alien.
(e) Adopt rules relating to the format and information 121
to be contained in quarterly reports and the acceptable formats 122
for hospitals to use in requesting information regarding a 123
patient's immigration status on hospital admission or registration 124
forms. 125
SECTION 2. This act shall take effect and be in force from 126
and after July 1, 2026. 127