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A1357
ASSEMBLY, No. 1357
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman� ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Authorizes provision of comprehensive health care
coverage to undocumented immigrant aliens.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the provision of comprehensive health
care coverage to undocumented immigrant aliens, and amending P.L.1997, c.352.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.1997,
c.352 (C.30:4D-6f) is amended to read as follows:
���� 2.���
a.
� An eligible
alien
,
as defined in section 3 of P.L.1968, c.413
[
(C.30:4D-1 et
seq.)
]
(C.30:4D-3),
who
[
otherwise
]
meets all
relevant
eligibility criteria
[
therefor
is
]
for
medical assistance under section 6 of P.L.1968, c.413 (C.30:4D-6), shall be
entitled to
receive such
medical assistance
[
provided pursuant to section 6 of
P.L.1968, c.413 (C.30:4D-6).� An alien who
]
.
����
b.��� (1)� Notwithstanding
the provisions of any other law, rule, or regulation to the contrary, and after
the Commissioner of Human Services determines that systems have been programmed
for the implementation of this subsection, if an undocumented immigrant alien
residing in New Jersey
does not qualify
for medical assistance
as an
eligible alien
[
but
who is a resident of New Jersey and
]
under subsection a. of this section, and the alien, but for their
immigration status,
would otherwise be eligible for medical assistance
provided pursuant to section 6 of P.L.1968, c.413
[
is
]
(C.30:4D-6), such alien shall
be
entitled
[
only
]
to
[
care and
services necessary for the treatment of an emergency medical condition as
defined in section 1903(v)(3) of the federal Social Security Act (42 U.S.C.
s.1396b(v)(3))
]
receive such medical assistance
.
����
(2)�� To the extent
allowable, the commissioner shall attempt to maximize federal financial
participation in implementing the provisions of this subsection, and shall seek
any federal approvals as may be necessary to secure such federal financial
participation.� If federal financial participation is not available, the
benefits and services provided under this subsection shall be financed with
State funds only.�
����
(3)�� This subsection shall
be implemented only to the extent that it is in compliance with the provisions
of section 441(d) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. s.1621(d)).�
����
(4)�� As used in this
subsection, �undocumented immigrant alien� means an alien who resides in New
Jersey, but who is unable to produce documentary evidence to verify their
status as an eligible alien, as defined by section 3 of P.L.1968, c.413
(C.30:4D-3), or to show that they are lawfully present in the United States.
(cf: P.L.1997, c.352, s.2)
���� 2.���
The
Commissioner of Human Services, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and
regulations as are necessary to effectuate the purposes of this act.
���� 3.��� This act shall take
effect immediately, but remain inoperable until the Commissioner of Human
Services receives a determination of federal financial participation regarding
the implementation of the provisions of subsection b. of section 2.� If federal
financial participation is not approved, this act shall become operable with
the use of State funds only.�
STATEMENT
���� This bill would extend
comprehensive health care coverage to undocumented immigrant aliens residing in
the State who do not qualify for such coverage under existing law.
���� Although section 411 of the
federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
Pub.L.104-193 (8 U.S.C. s.1621) restricts the eligibility of non-qualified
aliens for various federal, state, and local benefits, and generally prohibits
aliens who are not lawfully present in the United States from obtaining, or
from being deemed eligible for, coverage under any federal, state, or local
benefits programs, section 411(d) (8 U.S.C. s.1621(d)) provides an exception to
this general prohibition, which authorizes a state to enact state-level
legislation affirmatively providing for aliens who are not lawfully present in
the United States to be eligible for State or local benefits coverage.
���� Using this federal provision
as a guide, the bill would amend existing law to expressly authorize an
undocumented immigrant alien to obtain full medical assistance coverage, as
provided under the State Medicaid program.� The bill would specify, however, that
undocumented immigrant aliens will only be authorized to obtain full medical
assistance coverage if the Commissioner of Human Services has determined that
systems have been programmed for the implementation of such coverage.
���� The commissioner would be
required to attempt to maximize federal financial participation in relation to
the provision of medical assistance to undocumented immigrant aliens and the
bill would remain inoperable until the commissioner receives a determination of
federal financial participation regarding the bill�s provisions.� However, if
federal financial participation is not available, any such medical assistance
would be financed with State funds only.� Furthermore, the bill�s provisions
would be implemented only to the extent that they are in compliance with the
applicable provisions of federal law.� Finally, the bill directs the
commissioner to adopt
such rules and regulations as
are necessary to effectuate the purposes of the bill.