Use of the regionally adjusted poverty line in lieu of the poverty line

The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development, shall— (1) determine, for each State annually, which poverty line index between the Regionally Adjusted Poverty Line as specified in section 2 and the current poverty line has a higher poverty rate for such State; (2) issue, and publish in the Federal Register, for each State, the poverty line index that has a higher poverty rate for such State as specified in paragraph (1) in lieu of the poverty line; and (3) for each State— (A) except as provided in subparagraph (B), use the poverty line index that has a higher poverty rate for such State as specified in paragraph (1) for administrative purposes, including for determining financial eligibility for certain Federal programs, in lieu of the poverty line, and (B) for the purpose of determining financial eligibility for Premium Tax Credits under the Affordable Care Act, have flexibility to use either the Regionally Adjusted Poverty Line or the current poverty line to ensure low-income households in States not expanding Medicaid do not lose access to Premium Tax Credits.