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The Senate
Health, Education, Labor and Pensions (HELP) Committee released
its proposed health care reform legislation, the "Affordable Health
Choices Act" last week and will review and mark up the legislation
beginning 10 a.m. EST, Wednesday, June 17, 2009.
As discussed
below, the Senate HELP legislation, as currently drafted, includes
provisions that threaten to make access to affordable health care more
difficult for immigrants. The legislation fails to provide equal
access for lawfully present immigrants to all affordable health care
options and adds new administrative barriers and burdens that will cause
delays or denial of care to eligible U.S. citizens as well as
immigrants.
Please let
Senate HELP members know that all of us need a better health care system
that provides new opportunities for everyone in America to contribute to
and purchase affordable health coverage. This will make the health
care system stronger and less costly for everyone.
Specifically, the committee should make sure that its health care bill
includes measures that:
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Eliminate any broad, blanket
exclusions of any particular groups, and addresses the needs of
citizens and immigrants in mixed status families.
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Provide low-income lawfully present
immigrants the same opportunity as citizens to secure Medicaid,
CHIP, and other public health coverage programs when they fall on
hard times, just like every other American.
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Ensure that access to affordable
coverage is streamlined for all families, including mixed status
families. For example, a family member with an eligible immigration
status should be allowed to apply for and obtain affordable health
care coverage for the family, to prevent parents from having to
choose which family member must go without health care.
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Treat all workers equitably, allowing
all workers to receive access to affordable health care and any
relevant subsidies through their employer or the Gateway without
duplicative verification.
Contact the Senate HELP Committee RIGHT
AWAY:
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Contact Senate HELP committee members
directly. For a list of committee members, go to
http://help.senate.gov/About.html.
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You may also contact the Senate HELP
committee by calling (202) 224-6770 or by email at
help_comments@help.senate.gov.
Background and Summary of HELP legislation
Beginning in June
2009, legislation from the Senate and House that will provide a detailed
vision for health care reform is expected to be introduced. NILC
and our allies are educating policymakers in Congress regarding the
necessity and importance of ensuring that health care reform proposals
are as inclusive as possible and do not add unnecessary barriers for
low-income immigrant workers and their families to obtain quality,
affordable health care.
On June 9, 2009,
the Senate Health, Education, Labor and Pensions Committee (HELP)
released its proposed health care reform legislation, the "Affordable
Health Choices Act." Click
here for the HELP Committee's summary of its legislation and
here for a link to
the 615-page bill.
As currently drafted, the HELP committee
legislation:
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Focuses on individual vs. existing
group approaches to enrollment and coverage, which could create
barriers for low-income families and their dependents, including
mixed status families that include both citizens and immigrants.
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Allows state residents who are not
eligible for Medicare, Medicaid or certain employer-sponsored
coverage to purchase "affordable" health care via a state's or
federal government's newly established insurance exchange, or
Gateway.
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Assumes that all individuals earning
less than 150% of the federal poverty level will be eligible for
Medicaid and therefore prevents them from purchasing coverage
through the Gateway. Depending on the ultimate decisions regarding
immigrant eligibility, this assumption could prevent some lawfully
present immigrants from purchasing affordable coverage or coverage
at any cost through the exchange.
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Provides premium credits or subsidies
for affordable health care through the Gateway only to persons who
are citizens, nationals, lawful permanent residents or lawfully
present in the U.S.
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Includes broad language prohibiting
federal payments for undocumented immigrants. The legislation
states, "Nothing in this Act shall allow Federal payments for
individuals who are not lawfully present in the United States."
(Section 3111(h), page 94 of the draft). Although this language
appears in the section on premium credits, it could be interpreted
to apply to the entire Act, potentially prohibiting federal funding
for health care services such as public health services that are
currently available to all community residents.
Remains silent on any restoration of health care eligibility for
lawfully present immigrants through Medicaid, CHIP, and Medicare.
Although the Senate Finance Committee will finalize changes to these
programs, the Senate HELP committee could provide recommendations
where helpful.
Please let Senate HELP know that everyone
in the U.S. needs equal access to affordable, quality health care if we
are to reach true health care reform.
Additional materials and talking points from NILC on immigrant
integration in health care reform from NILC are available
here.
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