I think. on the whole. CMS did a good job. However. there was one specific provision in the interim final rule that I do not think is consistent with congressional Intent: the provision that makes it more difficult for children born to undocumented mothers to gain Medicaid eligibility. In section 1903(v) of the Social Security Act. the Medicaid statute makes available payment to States for treatment of an alien who is not otherwise eligible for Medicaid in the case of an emergency medical condition. A woman who is undocumented or not otherwise eligible for Medicaid is covered under Medicaid for labor and delivery. Nothing in the DRA changed that nor was anything in the DRA intended to change that. Under section 1902(e)(4) of the Social Security Act. a child born to a woman receiving Medicaid at the time of the childs birth is deemed onto Medicaid for a year. States had been Interpreting that to mean the child of a woman who was undocumented could be deemed onto Medicaid for a year since the mother. under 1903(v). was eligible for Medicaid at the time of the childs birth. The interim final rule now specifically prevents a State from deeming the child of an undocumented mother onto the State Medicaid program without properly documenting the childs citizenship first. In this case. I believe CMS has gone too far.
Keywords matched
undocumented