HF4038 (Legislative Session 94 (2025-2026))

Eligibility for the MinnesotaCare program modified to eliminate eligibility for undocumented noncitizens.

Related bill: SF4054

AI Generated Summary

Purpose

  • This bill changes MinnesotaCare eligibility rules to remove coverage for undocumented noncitizens and tighten which people can enroll. It sets criteria based on citizenship, lawful presence, and specific federal definitions, with a plan for emergency coverage in certain cases and a phased transition for undocumented adults.

Main Provisions

  • Eligibility for MinnesotaCare is limited to:
    • Citizens or nationals of the United States, and
    • Lawfully present noncitizens (as defined by CFR title 45 section 155.20).
  • Undocumented noncitizens are ineligible for MinnesotaCare.
    • An undocumented noncitizen is someone who resides in the United States without the approval or acquiescence of the U.S. Citizenship and Immigration Services (USCIS).
  • Families with U.S. citizen children must cooperate to provide documentary evidence of citizenship or nationality according to the Deficit Reduction Act of 2005 (Public Law 109-171).
  • For people who are lawfully present but ineligible for medical assistance because of immigration status:
    • They may be eligible for MinnesotaCare if their income is at or below 200% of the federal poverty guidelines (FPG).
    • They may also be eligible for emergency medical assistance under Minnesota law (section 256B.06, subdivision 4).
  • Enrollment rules for undocumented noncitizens aged 18 or older:
    • Enrollment is limited to those who are already enrolled as of June 15, 2025.
    • Beginning January 1, 2026, undocumented noncitizens aged 18 or older are ineligible for MinnesotaCare.

Significant Changes to Existing Law

  • Removes MinnesotaCare eligibility for undocumented noncitizens.
  • Adds a formal definition of “undocumented noncitizen” and ties eligibility to citizenship or lawful presence standards.
  • Reinforces documentation requirements for families with citizen children under federal law.
  • Creates a two-track approach for those who are lawfully present but ineligible for medical assistance, offering eligibility up to 200% of FPG and a path to emergency coverage.
  • Introduces a sunset/phase-out for undocumented noncitizen eligibility by January 1, 2026, with a limited exception for those already enrolled as of a specific June 15, 2025 date.

Practical Implications

  • Individuals who are undocumented noncitizens will generally lose MinnesotaCare eligibility, with a narrow historical enrollment window ending in 2025.
  • Some individuals who are lawfully present but not eligible for other medical assistance may still access MinnesotaCare if their income is at or below 200% FPG, or access emergency services in certain cases.
  • Families with U.S. citizen children must provide citizenship documentation to continue eligibility under the new rules.

Definitions and Key Concepts (to help understanding)

  • MinnesotaCare
  • undocumented noncitizen
  • citizen or national of the United States
  • lawfully present noncitizen
  • Deficit Reduction Act of 2005 (Public Law 109-171)
  • federal poverty guidelines (FPG)
  • emergency medical assistance (as defined in 256B.06, subdivision 4)
  • USCIS
  • CFR title 45 section 155.20

Practical considerations for residents

  • If you are unsure about your eligibility due to immigration status, you may want to review your status as “citizen or national,” “lawfully present,” or “undocumented” and check whether your income falls at or below 200% FPG for potential eligibility if you are lawfully present.
  • For families with U.S. citizen children, be prepared to provide citizenship documentation as required by federal law.

Relevant Terms - MinnesotaCare - undocumented noncitizen - citizen - national of the United States - lawfully present - 200% of federal poverty guidelines (200% FPG) - emergency medical assistance - Deficit Reduction Act of 2005 (Public Law 109-171) - CFR title 45 section 155.20 - USCIS - ineligible - enrollment - June 15, 2025 - January 1, 2026

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 05, 2026HouseActionIntroduction and first reading, referred toHealth Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Explicitly limits MinnesotaCare eligibility to citizens or nationals of the United States and lawfully present noncitizens.",
        "References Code of Federal Regulations title 45 section 155.20 to define 'lawfully present noncitizens'.",
        "Links eligibility to documentary evidence requirements defined in the Deficit Reduction Act of 2005."
      ],
      "removed": [
        "Eliminates eligibility for undocumented noncitizens."
      ],
      "summary": "Amends MinnesotaCare eligibility to limit eligibility to U.S. citizens, nationals, and lawfully present noncitizens (as defined in 45 CFR 155.20); undocumented noncitizens are ineligible.",
      "modified": [
        "Clarifies the framework for eligibility by tying to federal definitions and documentary evidence requirements."
      ]
    },
    "citation": "256L.04",
    "subdivision": "10"
  },
  {
    "analysis": {
      "added": [
        "Cited as the basis for defining 'lawfully present noncitizens' within the MinnesotaCare eligibility provision."
      ],
      "removed": [],
      "summary": "Cross-references federal regulation to define 'lawfully present' noncitizens used in MinnesotaCare eligibility.",
      "modified": []
    },
    "citation": "45 CFR 155.20",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Adds an emergency medical assistance carve-out under 256B.06, subdivision 4 for certain immigration-status ineligible individuals."
      ],
      "removed": [],
      "summary": "Provides an emergency medical assistance option for individuals who are lawfully present but ineligible for medical assistance due to immigration status.",
      "modified": []
    },
    "citation": "256B.06",
    "subdivision": "4"
  },
  {
    "analysis": {
      "added": [
        "References federal law (Pub. L. 109-171) as the basis for documentary evidence requirements and related definitions."
      ],
      "removed": [],
      "summary": "Cites the Deficit Reduction Act of 2005 to support documentary evidence requirements and related definitions referenced in MinnesotaCare eligibility.",
      "modified": []
    },
    "citation": "Public Law 109-171",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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