123STA T .5 3 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9(B)byinsert in gaf ter cl a u se (i v ) , t h ef o llo w ing new clause
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‘(v)( I ) Ex ce p t as provi d ed in subclause (II), a docu m ent issued by a federally recogni z ed Indian tribe evidencing mem - bership or enrollment in, or affiliation with, such tribe (such as a tribal enrollment card or certificate of degree of Indian blood) . ‘‘(II) W ith respect to those federally recognized Indian tribes located within S tates having an international border whose membership includes individuals who are not citizens of the U nited States, the Secretary shall, after consulting with such tribes, issue regulations authorizing the presentation of such other forms of documentation (including tribal documentation, if appropriate) that the Secretary determines to be satisfactory documentary evidence of citizenship or nationality for purposes of satisfying the re q uirement of this subsection. ’ ’. ( 2 ) REQUIR E M E NT T OP RO V I D ERE AS ONA BL E OPPORTUNIT Y TO PRESENT SATIS F A C TORY DOCUMENTARY EVIDENCE. — Section 1903 (x) ( 4 2 U.S. C . 139 6 b(x)) is amended by adding at the end the following new paragraph: ‘‘(4) In the case of an individual declaring to be a citizen or national of the United States with respect to whom a State requires the presentation of satisfactory documentary evidence of citizenship or nationality under section 1902(a)(46)(B)(i), the indi- vidual shall be provided at least the reasonable opportunity to present satisfactory documentary evidence of citizenship or nation- ality under this subsection as is provided under clauses (i) and (ii) of section 113 7 (d)(4)( A ) to an individual for the submittal to the State of evidence indicating a satisfactory immigration status.’’. (3) C H ILDREN BORN IN THE UNITED STATES TO MOTHERS ELI G IBLE FOR MEDICAID.— (A) CLARIFICATION OF RULES.—Section 1903(x) (42 U.S.C. 1396b(x)), as amended by paragraph (2), is amended— (i) in paragraph (2)— (I) in subparagraph (C), by stri k ing ‘‘or’’ at the end
(II) by redesignating subparagraph ( D )as subparagraph (E); and (III) by inserting after subparagraph (C) the following new subparagraph: ‘‘(D) pursuant to the application of section 1902(e)(4) (and, in the case of an individual who is eligible for medical assistance on such basis, the individual shall be deemed to have provided satisfactory documentary evidence of citizenship or nationality and shall not be required to provide further documentary evi- dence on any date that occurs during or after the period in which the individual is eligible for medical assistance on such basis); or’’; and (ii) by adding at the end the following new para- graph: ‘‘( 5 ) N othing in subparagraph (A) or (B) of section 1902(a)(46), the preceding paragraphs of this subsection, or the Deficit Reduction Act of 2005, including section 6036 of such Act, shall be construed as changing the requirement of section 1902(e)(4) that a child born in the United States to an alien mother for whom medical assistance for the delivery of such child is available as treatment Regulations.
