HR 1822

112th CONGRESS
1st Session

H. R. 1822

To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status.

IN THE HOUSE OF REPRESENTATIVES

May 10, 2011

Mr. ROHRABACHER (for himself, Mr. BILBRAY, Mr. BURTON of Indiana, Mr. CALVERT, Mr. FORBES, Mr. JONES, Mrs. MYRICK, Mr. POE of Texas, Mr. ROSS of Florida, and Mr. WESTMORELAND) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `No Health Care Subsidies for Illegal Aliens Act of 2011'.

SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.

(a) Requirements for In-Person Attestation of Citizenship Status or Status as Eligible Lawful Permanent Resident- Section 1411 of the Patient Protection and Affordable Care Act is amended--

(1) in subsection (a), by striking `Establishment of Program- ' and all that follows through `determining--' and inserting `Verification Process- The Secretary shall ensure that eligibility determinations required by this Act are conducted in accordance with the requirements of this section, including requirements for determining--';

(2) in subsection (a)(1), by inserting `eligible' before `alien'; and

(3) in subsection (b)(1)--

(A) by striking `provide--' and inserting `appear in person to provide the Exchange with the following:'; and

(B) by redesignating subparagraph (B) as subparagraph (C), by striking `and' at the end of subparagraph (A), and by inserting after subparagraph (A) the following:

`(B) a sworn statement, under penalty of perjury, specifically attesting to the fact that the enrollee is either--

`(i) a citizen or national of the United States; or

`(ii) an alien who meets the requirements under under subsection (a)(1) for eligibility for coverage under a qualified health plan offered through an Exchange; and'.

(b) Requirements for Establishment of Status-

(1) IN GENERAL- Section 1411(b)(2) of such Act is amended by striking subparagraphs (A) and (B) and inserting the following:

`(A) EVIDENCE OF CITIZENSHIP OR NATIONALITY- In the case of an enrollee whose eligibility is based on attestation of citizenship of the enrollee, satisfactory documentary evidence, provided by the applicant, of citizenship or nationality (within the meaning of section 1903(x) of the Social Security Act (42 U.S.C. 1396b)).

`(B) EVIDENCE OF SATISFACTORY IMMIGRATION STATUS- In the case of an enrollee whose eligibility is based on attestation of the enrollee's immigration status--

`(i) such information as is necessary for the applicant to demonstrate that the enrollee is in `satisfactory immigration status' as defined and in accordance with the Systematic Alien Verification for Entitlements (SAVE) program established by section 1137 of the Social Security Act (42 U.S.C. 1320b-7), and

`(ii) such other additional identifying information as the Secretary, in consultation with the Secretary of Homeland Security, may require in order for the applicant to demonstrate satisfactory immigration status of the enrollee.'.

(2) VERIFICATION OF ELIGIBILITY BY EXCHANGE THROUGH DOCUMENTATION-

(A) ELIGIBILITY VERIFICATION BY EXCHANGE- Section 1411(c) of such Act is amended--

(i) by striking the subsection heading and inserting `Verification of Eligibility Through Documentation- '; and

(ii) by striking paragraphs (1) and (2) and inserting the following:

`(1) IN GENERAL- Each Exchange shall conduct eligibility verification, using the information provided by an applicant under subsection (b), in accordance with this subsection.

`(2) VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS-

`(A) VERIFICATION OF ATTESTATION OF CITIZENSHIP- Each Exchange shall verify, based on satisfactory documentary evidence of citizenship or nationality provided in accordance with subsection (b)(2)(A), the eligibility for enrollment of each individual who has been attested by an applicant, as required by subsection (b)(1)(B), to be a citizen or national of the United States.

`(B) VERIFICATION OF ATTESTATION OF ELIGIBLE IMMIGRATION STATUS- Each Exchange shall verify, based on evidence provided pursuant to subsection (b)(2)(B), the eligibility for enrollment of each individual who has been attested by an applicant, as required by subsection (b)(1)(B), to be an alien who is eligible for coverage under a qualified health plan offered through an Exchange.'.

(B) DOCUMENTATION PROVIDED WITH APPLICATION- Section 1411(b)(1)(C) of such Act (as redesignated under subsection (a)(3)(A)) is amended by inserting `and documentation thereof in accordance with this section' before the period.

(3) ELIMINATION OF SECRETARIAL AUTHORITY TO MAKE MODIFICATIONS TO METHODS FOR VERIFICATION- Section 1411(c)(4) of such Act is amended--

(A) by striking `METHODS- ' and all that follows through `The Secretary, in consultation' and inserting `METHODS- The Secretary, in consultation';

(B) by striking subparagraph (B); and

(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.

(4) CONFORMING AMENDMENTS RELATING TO REQUIREMENTS FOR SECRETARIAL VERIFICATION-

(A) IN GENERAL- Section 1411 of such Act is amended by striking subsection (d) and redesignating subsections (e) through (i) as subsections (d) through (h), respectively.

(B) ADDITIONAL CONFORMING AMENDMENTS- Subsection (d) of such section 1411 (as redesignated by subparagraph (A)) is amended--

(i) in paragraph (1), by striking the last sentence; and

(ii) in subparagraphs (A) and (B) of paragraph (2), by striking `subsections (c) and (d)' each place it appears and inserting `subsection (c)'.

(5) TREATMENT OF INCONSISTENCIES IN ACCORDANCE WITH EXISTING PROCESS- Section 1411(d)(3) of such Act (as redesignated by paragraph (4)(A)) is amended by striking `under section 1902(ee) of the Social Security Act (as in effect on January 1, 2010)' and inserting `pursuant to the verification process established consistent with section 1137 of the Social Security Act (as in effect as of January 1, 2011)'.

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall apply as if included in the enactment of the Patient Protection and Affordable Care Act.

END