[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2374 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2374

To exclude certain individuals subject to certain deferred action from 
eligibility for health plans offered on the Exchanges, advance payments 
  of the premium tax credit, cost-sharing reductions, a Basic Health 
Program, and for Medicaid and the Children's Health Insurance Programs, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

   Mr. Vance introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To exclude certain individuals subject to certain deferred action from 
eligibility for health plans offered on the Exchanges, advance payments 
  of the premium tax credit, cost-sharing reductions, a Basic Health 
Program, and for Medicaid and the Children's Health Insurance Programs, 
                        and for other purposes.

    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 Obamacare for Illegal Aliens 
Act''.

SEC. 2. TREATMENT OF INDIVIDUALS SUBJECT TO CERTAIN DEFERRED ACTION FOR 
              PURPOSES OF ENROLLMENT IN HEALTH PLANS OFFERED ON THE 
              EXCHANGES.

    (a) Enrollment Ineligibility.--Section 1312(f)(3) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 18032(f)(3)) is amended 
by adding at the end the following: ``Any alien who is lawfully present 
solely because such individual was granted deferred action pursuant to 
the memorandum of the Department of Homeland Security entitled 
`Exercising Prosecutorial Discretion with Respect to Individuals Who 
Came to the United States as Children' issued on June 15, 2012, shall 
not be treated as lawfully present for purposes of the preceding 
sentence.''.
    (b) Ineligibility for Credit for Coverage Under a Qualified Health 
Plan.--Paragraph (2) of section 36B(e) of the Internal Revenue Code of 
1986 is amended by adding at the end the following: ``Any alien who is 
lawfully present solely because such individual was granted deferred 
action pursuant to the memorandum of the Department of Homeland 
Security entitled `Exercising Prosecutorial Discretion with Respect to 
Individuals Who Came to the United States as Children' issued on June 
15, 2012, shall not be treated as lawfully present for purposes of the 
preceding sentence.''.

SEC. 3. ENSURING THAT TAXPAYER FUNDS FOR HEALTH INSURANCE COVERAGE ARE 
              AVAILABLE ONLY TO AUTHORIZED INDIVIDUALS.

    (a) Basic Health Programs.--
            (1) In general.--Section 1331(e)) of the Patient Protection 
        and Affordable Care Act (42 U.S.C. 18051(e)) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) in paragraph (1), by striking the second 
                sentence; and
                    (C) by inserting after paragraph (1), the following 
                new paragraph:
            ``(2) Exclusions.--Such term shall not include the 
        following:
                    ``(A) Any individual who is not a qualified 
                individual under section 1312 who is eligible to be 
                covered by a qualified health plan offered through an 
                Exchange.
                    ``(B) Any individual who is neither a citizen or 
                national of the United States nor an alien lawfully 
                present in the United States. Any alien who is lawfully 
                present solely because such individual was granted 
                deferred action pursuant to the memorandum of the 
                Department of Homeland Security entitled `Exercising 
                Prosecutorial Discretion with Respect to Individuals 
                Who Came to the United States as Children' issued on 
                June 15, 2012, shall not be treated as lawfully present 
                for purposes of the preceding sentence.''.
            (2) Limitation on use of funds.--Section 1331(d)) of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18051(d)) 
        is amended by adding at the end the following new paragraph:
            ``(5) Prohibition on use of pass-through funding for 
        certain individuals.--No amounts transferred to a State under 
        this section may be used to offset the cost of health insurance 
        coverage (including through premium or cost sharing reductions) 
        or to provide any other benefit with respect to an individual 
        who is not an eligible individual (as defined in subsection 
        (e)).''.
    (b) State Innovation Waivers.--
            (1) In general.--Section 1332(a)(2)(B) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18052(a)(2)(B)) 
        is amended by inserting ``(other than the requirement described 
        in section 1312(f)(3))'' before the period.
            (2) Prohibition on use of pass-through funding for certain 
        individuals.--Section 1332(a)(3) of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18052(a)(3)) is amended by 
        adding at the end the following new sentence: ``No amounts paid 
        to a State under this paragraph may be used to offset the cost 
        of health insurance coverage (including through premium or cost 
        sharing reductions) or to provide any other benefit with 
        respect to an individual who is not a citizen or national of 
        the United States or an alien lawfully present in the United 
        States. Any alien who is lawfully present solely because such 
        individual was granted deferred action pursuant to the 
        memorandum of the Department of Homeland Security entitled 
        `Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children' issued 
        on June 15, 2012, shall not be treated as lawfully present for 
        purposes of the preceding sentence.''.
    (c) Medicaid and CHIP.--
            (1) Exclusion from definition of qualified alien under 
        prwora.--Section 431 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is 
        amended by adding at the end the following new subsection:
    ``(d) Treatment of Certain Deferred Action Under Medicaid and 
CHIP.--For purposes of this title, the term `qualified alien' shall not 
include any alien who is lawfully present solely because such 
individual was granted deferred action pursuant to the memorandum of 
the Department of Homeland Security entitled `Exercising Prosecutorial 
Discretion with Respect to Individuals Who Came to the United States as 
Children' issued on June 15, 2012, but only with respect to the 
designated Federal program defined in section 402(b)(3)(C) (relating to 
the Medicaid program) and the State Children's Health Insurance Program 
established under title XXI of the Social Security Act (42 U.S.C. 
1397aa et seq.). An individual granted deferred action pursuant to the 
memorandum described in the preceding sentence shall not be treated as 
lawfully present or lawfully residing for purposes of the designated 
Federal program defined in section 402(b)(3)(C) (relating to the 
Medicaid program) or the State Children's Health Insurance Program 
established under title XXI of the Social Security Act (42 U.S.C. 
1397aa et seq.).''.
            (2) Exclusion from chipra coverage option.--
                    (A) Medicaid.--Section 1903(v)(4) of the Social 
                Security Act (42 U.S.C. 1396b(v)(4)) is amended--
                            (i) in subparagraph (A), by striking ``A 
                        State may'' and inserting ``Subject to 
                        subparagraph (D), a State may''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(D) Any alien who is lawfully present in the United States solely 
because such individual was granted deferred action pursuant to the 
memorandum of the Department of Homeland Security entitled `Exercising 
Prosecutorial Discretion with Respect to Individuals Who Came to the 
United States as Children' issued on June 15, 2012, shall not be 
treated as lawfully present or lawfully residing for purposes of an 
election by a State to provide medical assistance to a category of 
aliens under subparagraph (A) and shall not be considered to be 
described within either or both of the eligibility categories described 
in such subparagraph.''.
                    (B) CHIP.--Section 2107(e)(1)(O) of the Social 
                Security Act (42 U.S.C. 1397gg(e)(1)(O)) is amended by 
                inserting ``, and subject to subparagraph (D) of such 
                paragraph'' after ``title XIX''.
            (3) Exclusion from other pregnancy-related coverage options 
        under chip.--
                    (A) Definition of child.--Section 2110(c)(1) of the 
                Social Security Act (42 U.S.C. 1397jj(c)(1)) is amended 
                by adding at the end the following new sentence: ``Such 
                term, including as applied under section 457.10 of 
                title 42, Code of Federal Regulations (as in effect on 
                the date of enactment of this sentence), shall not 
                include any alien who is lawfully present solely 
                because such individual was granted deferred action 
                pursuant to the memorandum of the Department of 
                Homeland Security entitled `Exercising Prosecutorial 
                Discretion with Respect to Individuals Who Came to the 
                United States as Children' issued on June 15, 2012, and 
                any such individual shall not be treated as lawfully 
                present or lawfully residing in the United States for 
                purposes of eligibility for child health assistance 
                under a State plan under this title.''.
                    (B) Targeted low-income pregnant women.--Section 
                2112 of the Social Security Act (42 U.S.C. 1397ll) is 
                amended--
                            (i) in subsection (d)(2), by inserting 
                        after and below subparagraph (C), the following 
                        new flush sentence:
        ``Such term shall not include any alien who is lawfully present 
        solely because such individual was granted deferred action 
        pursuant to the memorandum of the Department of Homeland 
        Security entitled `Exercising Prosecutorial Discretion with 
        Respect to Individuals Who Came to the United States as 
        Children' issued on June 15, 2012, and any such individual 
        shall not be treated as lawfully present or lawfully residing 
        in the United States for purposes of eligibility for pregnancy-
        related assistance or child health assistance under a State 
        plan under this title.''; and
                            (ii) in subsection (f), by adding at the 
                        end the following new paragraph:
            ``(4) Limitation.--Notwithstanding paragraph (3), a State 
        shall not provide child health assistance under any authority 
        described in paragraph (1)(A) or pregnancy-related services 
        under a waiver specified in paragraph (1)(B) to any alien who 
        is lawfully present solely because such individual was granted 
        deferred action pursuant to the memorandum of the Department of 
        Homeland Security entitled `Exercising Prosecutorial Discretion 
        with Respect to Individuals Who Came to the United States as 
        Children' issued on June 15, 2012, and any such individual 
        shall not be treated as lawfully present or lawfully residing 
        in the United States for purposes of eligibility for pregnancy-
        related assistance or child health assistance under a State 
        plan under this title.''.
    (d) Rescission of Certain Waivers.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of Health and 
Human Services shall rescind any waiver approved under section 1331 or 
1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 
18051, 18052) or under title XIX or XXI of the Social Security Act (42 
U.S.C. 1396 et seq., 1397aa et seq,) before such date that would not 
have been so approved had the amendments made by this section been in 
effect at the time of such approval.
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