[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2114 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2114

   To correct inconsistencies in the definitions relating to Native 
      Americans in the Patient Protection and Affordable Care Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2015

 Ms. Murkowski (for herself, Mr. Sullivan, and Mr. Schatz) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
   To correct inconsistencies in the definitions relating to Native 
      Americans in the Patient Protection and Affordable Care Act.

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

SECTION 1. TECHNICAL CORRECTIONS TO PPACA.

    (a) Definition of Indian.--Section 1304 of the Patient Protection 
and Affordable Care Act (42 U.S.C. 18024) is amended by adding at the 
end the following:
    ``(f) Indian.--
            ``(1) In general.--In this title, the term `Indian' means 
        any individual--
                    ``(A) described in paragraph (13) or (28) of 
                section 4 of the Indian Health Care Improvement Act (25 
                U.S.C. 1603);
                    ``(B) who is eligible for health services provided 
                by the Indian Health Service under section 809 of the 
                Indian Health Care Improvement Act (25 U.S.C. 1679);
                    ``(C) who is of Indian descent and belongs to the 
                Indian community served by the local facilities and 
                program of the Indian Health Service; or
                    ``(D) who is described in paragraph (2).
            ``(2) Included individuals.--The following individuals 
        shall be considered to be an `Indian':
                    ``(A) A member of a Federally-recognized Indian 
                tribe.
                    ``(B) A resident of an urban center who meets 1 or 
                more of the following 4 criteria:
                            ``(i) Membership in a tribe, band, or other 
                        organized group of Indians, including those 
                        tribes, bands, or groups terminated since 1940 
                        and those recognized now or in the future by 
                        the State in which they reside, or being a 
                        descendant, in the first or second degree, of 
                        any such member.
                            ``(ii) Is an Eskimo or Aleut or other 
                        Alaska Native.
                            ``(iii) Is considered by the Secretary of 
                        the Interior to be an Indian for any purpose.
                            ``(iv) Is determined to be an Indian under 
                        regulations promulgated by the Secretary.
                    ``(C) An individual who is considered by the 
                Secretary of the Interior to be an Indian for any 
                purpose.
                    ``(D) An individual who is considered by the 
                Secretary to be an Indian for purposes of eligibility 
                for Indian health care services, including as a 
                California Indian, Eskimo, Aleut, or other Alaska 
                Native.''.
    (b) Conforming Amendments.--
            (1) Affordable choices health benefit plans.--Section 
        1311(c)(6)(D) of the Patient Protection and Affordable Care Act 
        (42 U.S.C. 18031(c)(6)(D)) is amended by striking ``section 4 
        of the Indian Health Care Improvement Act'' and inserting 
        ``section 1304(f)''.
            (2) Reduced cost-sharing for individuals enrolling in 
        qualified health plans.--Section 1402(d) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18071(d)) is 
        amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``section 4(d) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(d))'' and inserting ``section 
                1304(f)''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``(as so defined)'' and 
                inserting ``(as defined in section 1304(f))''.
            (3) Exemption from penalty for not maintaining minimum 
        essential coverage.--Section 5000A(e) of the Internal Revenue 
        Code of 1986 is amended by striking paragraph (3) and inserting 
        the following:
            ``(3) Indians.--Any applicable individual who is an Indian 
        (as defined in section 1304(f) of the Patient Protection and 
        Affordable Care Act).''.
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