[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1822 Introduced in House (IH)]
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
_______________________________________________________________________
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.
<all>