PolicyBrief
S. 523
119th CongressFeb 11th 2025
Protect Medicaid Act
IN COMMITTEE

The "Protect Medicaid Act" prohibits federal Medicaid funding for state administrative costs of providing health benefits to unauthorized immigrants and requires a report on state practices for funding healthcare for non-citizens.

Bill Cassidy
R

Bill Cassidy

Senator

LA

LEGISLATION

Federal Medicaid Funds Barred from Covering State Admin Costs for Undocumented Immigrant Healthcare: 'Protect Medicaid Act' Sets New Rules

The "Protect Medicaid Act" directly targets how federal Medicaid dollars can be spent. Specifically, it blocks these funds from covering any state administrative costs tied to providing healthcare benefits to undocumented immigrants. This is a significant shift, outlined in the amendment to Section 1903(i) of the Social Security Act.

Dollars and Data Flow

The bill isn't just about cutting off funds; it's also about tracking how states handle healthcare costs for non-citizens. Within 180 days of this Act becoming law, the Inspector General of the Department of Health and Human Services has to deliver a detailed report to Congress. This report must break down:

  • How states separate administrative costs for their regular Medicaid programs from those related to providing health benefits to non-citizens who aren't eligible for Medicaid.
  • The methods states use to make sure they're not using federal money for these non-citizen health benefits – and whether those methods actually work.
  • How states are paying for healthcare programs for non-citizens ineligible for Medicaid due to their immigration status, including where the money comes from (like provider taxes and transfers between government entities).

Drug Pricing in the Crosshairs

It also zooms in on prescription drugs. The Inspector General's report will analyze whether undocumented immigrants are getting access to drugs bought under the Medicaid Drug Rebate Program or the 340B drug discount program. It's going to look at whether providing these drugs impacts the "average manufacturer price," and specifically, if that price would be lower if these programs weren't supplying drugs to this population. This part could have a ripple effect on drug costs more broadly.

Real-World Rollout - Potential Challenges

This bill could create some serious headaches at the state level. States that currently provide healthcare to undocumented immigrants might have to scramble to find new funding sources or restructure their programs. There's also the practical challenge of clearly separating "administrative costs" – what exactly counts as an administrative cost, and how do you track it accurately? This could get messy, fast. The added scrutiny on drug pricing might influence the availability and cost of medications, not just for undocumented immigrants but potentially for everyone. It is important to note that this bill could lead to decreased access to healthcare for undocumented immigrants, raising public health concerns. States may also find ways to shift costs or reclassify expenses to circumvent the funding prohibition.