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2022 SESSION

22104038D
HOUSE BILL NO. 1012
Offered January 12, 2022
Prefiled January 12, 2022
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.
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Patrons-- Tran, Jenkins and Plum; Senator: McClellan
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, as follows:

CHAPTER 13.01.
COMPREHENSIVE CHILDREN'S HEALTH CARE COVERAGE PROGRAM.

§ 32.1-353.01. Comprehensive children's health care coverage program.

A. The Department of Medical Assistance Services (the Department) shall, notwithstanding the provisions of §§ 32.1-325.03 and 63.2-503.1, establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. Such program shall provide comprehensive health care coverage that is consistent with the coverage provided to children under the state plan for medical assistance services. Services provided through the program shall be provided in the same manner and with the same coverage and service limitations as such services are provided to children under the state plan for medical assistance services.

B. The Department shall establish a centralized processing site for the administration of the program established pursuant to this section, which shall include distribution of program information, robust outreach and marketing activities, eligibility determinations, enrollment, and data collection, and may contract with third-party administrators to provide such services and any other administrative services. The program shall also provide for acceptance of applications by local social services agencies, providers, and other appropriate persons.

C. The Department shall ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency through the provision of language access services, including oral interpretation and written translations, free of charge.

D. The Department shall ensure that information obtained by the program established by this section remains confidential and is not disclosed for any purpose not related to the administration of the program established pursuant to this section.

E. The Department shall not disclose information obtained by the program established by this section to any federal, state, or local government entity, law-enforcement officer, or law-enforcement agency for any purpose related to civil immigration enforcement unless (i) the subject of the information consents to such disclosure or (ii) the requesting agency or officer presents a lawful judicial order, judicial subpoena, or judicial warrant. When responding to a lawful judicial order, judicial subpoena, or judicial warrant, the Department shall disclose only those records or that information specifically requested. Within three business days of receiving a request for information for the purpose of civil immigration enforcement, the Commissioner shall notify the subject of the information requested (a) that such request was made and (b) of the identity of the requesting agency.

2. That the Department of Medical Assistance Services (the Department) shall establish a workgroup composed of individuals with experience conducting outreach to individuals who are eligible for the program established pursuant to this act to advise and assist the Department in carrying out marketing and outreach activities required pursuant to this act.

3. That the Department of Medical Assistance Services shall seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established pursuant to this act.