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 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 secondary verification 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 in accordance with the secondary verification process established consistent with section 1137 of the Social Security Act (as in effect as of January 1, 2009).