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S. 62IntroducedSenate · nowHousePresidentLawIn committee
Sec. 4 · S. 62

Eligibility for certain Federal health care benefits

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(a) Limiting Medicaid coverage of parolees and TPS and DACA recipients Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended by adding at the end the following new paragraph: (5) For purposes of paragraph (1), an alien shall not be considered to be lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law if the alien is— (A) granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act; (B) granted deferred action or deferred enforced departure, including 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; (C) granted asylum under section 208 of the Immigration and Nationality Act; (D) granted temporary protected status under section 244 of the Immigration and Nationality Act; or (E) granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.. (b) Limiting Medicare coverage of parolees and TPS and DACA recipients Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: 1899C. Limiting Medicare coverage of parolees and TPS and DACA recipients (a) In general Notwithstanding section 226, section 226A, section 1818(a), section 1836(a), or any other provision of this title, in no case may an applicable individual (as defined in subsection (b)) be entitled to, or enrolled for, benefits under this title. (b) Applicable individual defined In this section, the term applicable individual means an alien— (1) granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act; (2) granted deferred action or deferred enforced departure, including 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; (3) granted asylum under section 208 of the Immigration and Nationality Act; (4) granted temporary protected status under section 244 of the Immigration and Nationality Act; or (5) granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.. (c) Eligibility for credit for coverage under a qualified health plan (1) In general Subparagraph (B) of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking If and inserting Except as provided in subparagraph (F), if. (2) Disqualified individuals Paragraph (1) of section 36B(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Disqualified individuals The following shall not be treated as an applicable taxpayer: (i) Any alien granted asylum under section 208 of the Immigration and Nationality Act. (ii) Any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act. (iii) Any alien granted temporary protected status under section 244 of the Immigration and Nationality Act. (iv) Any alien granted deferred action or deferred enforced departure, including 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. (v) Any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.. (3) Conforming amendments Subsection (e) of section 36B of the Internal Revenue Code of 1986 is amended— (A) by striking individuals in the heading and inserting disqualified individuals and individuals, and (B) by striking are individuals who are not lawfully present in paragraph (1) and inserting are individuals described in subsection (c)(1)(F) or are not lawfully present. (4) Requirement to maintain minimum essential coverage Paragraph (3) of section 5000A(d) of the Internal Revenue Code of 1986 is amended— (A) by striking Individuals in the heading and inserting Disqualified individuals and individuals, and (B) by inserting, or is an individual described in section 36B(c)(1)(F) before the period at the end. (5) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (d) Eligibility for cost-Sharing reductions and subsidies (1) In general Subsection (b) of section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended by inserting, and not described in section 36B(c)(1)(F) of such Code after the Internal Revenue Code of 1986. (2) Conforming amendments Subsection (e) of section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended— (A) by striking individuals in the heading and inserting disqualified individuals and individuals, and (B) by striking is not lawfully present in paragraph (1) and inserting is an individual described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or is not lawfully present. (3) Procedures Paragraph (1) of section 1411(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(a)) is amended by inserting, and is not a disqualified individual under section 36B(c)(1)(F) of such Code before the semicolon at the end. (4) Federal payments Subsection (d) of section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) is amended— (A) by striking individuals in the heading and inserting disqualified individuals or individuals, and (B) by striking are not lawfully present in paragraph (1) and inserting are described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or are not lawfully present. (5) State basic health programs Paragraph (1) of section 1331(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051) is amended by inserting, or any individual who is described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 before the period at the end. (6) Qualified individuals Paragraph (3) of section 1312(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(f)) is amended— (A) by striking lawful in the heading and inserting certain lawful, and (B) by inserting, or is an individual described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 after lawfully present in the United States. (7) Effective date The amendments made by this subsection shall apply to years, plan years, and taxable years, as applicable, beginning after the date of the enactment of this Act. (e) Prohibition on Federal funding for Federally qualified health centers that provide services to individuals who are not lawfully present in the United States A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) that provides services (other than services to treat an emergency medical condition, as defined in section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))) to individuals who are not lawfully present in the United States shall not be eligible for— (1) payment under— (A) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (B) the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.); or (C) the Children's Health Insurance Program under title XXI of such Act (42 U.S.C. 1397aa et seq.); (2) grant or any other funding under the Public Health Service Act, including a grant under section 330 of such Act (42 U.S.C. 254b); or (3) any other Federal funding.

Sec. 4: Eligibility for certain Federal health care benefits · Public Law Tracker