On January 29, 2009, the Senate voted 66-32 in favor of the Children's Health Insurance Program Reauthorization Act of 2009, supporting the House vote the week before, which passed 289-139. The bill renewed the State Children's Health Program or SCHIP, a federal program that provides matching funds to states for families who make too much to qualify for Medicaid but who can't afford private health insurance.
The good news for legal immigrants in this bill was the repeal of the 5-year waiting period. In the previous version of the Act, new green card holders had to wait five years before becoming eligible for Medicaid and SCHIP. During the month of January 2009, Congress voted in favor or removing that waiting period for legal immigrant children.
There had been strong opposition leading up to the Congressional vote. Many who supported the 2007 reauthorization bill were against lifting the 5-year waiting period. In fact, Senator Chuck Grassley (R-Iowa) put forth an amendment to strike the option to provide coverage to legal immigrants. The amendment failed in a voice vote.
One week later on February 4, 2009, President Obama signed the SCHIP reauthorization bill into law.
While passage of this bill means better access to healthcare for legal immigrant children, it is important to note that emergency medical treatment is available to all immigrants, regardless of their status. A fact sheet from the Kaiser Commission tells us that, "Legal and undocumented immigrants who meet all eligibility requirements except for the immigrant eligibility restrictions are eligible for Emergency Medicaid, which covers the costs of emergency medical treatment. Additionally, the Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to screen and stabilize all individuals, including immigrants, who seek care in an emergency room."
