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H.R. 3659 (114th): Exchange Inclusion for a Healthy America Act of 2015

The text of the bill below is as of Sep 30, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 3659

IN THE HOUSE OF REPRESENTATIVES

September 30, 2015

(for himself and Ms. Judy Chu of California) 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 the Patient Protection and Affordable Care Act to remove citizenship and immigration barriers to access the Exchanges under such Act.

1.

Short title

This Act may be cited as the Exchange Inclusion for a Healthy America Act of 2015.

2.

Removing citizenship and immigration barriers to access to affordable health care under the ACA

(a)

In general

(1)

Premium tax credits

Section 36B of the Internal Revenue Code of 1986 is amended—

(A)

in subsection (c)(1)(B)—

(i)

by amending the subparagraph heading to read as follows: Special rule for certain individuals ineligible for medicaid due to status; and

(ii)

in clause (ii), by striking lawfully present in the United States, but and inserting who; and

(B)

by striking subsection (e).

(2)

Cost-sharing reductions

Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended by striking subsection (e).

(3)

Preexisting condition insurance plan

Section 1101(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18001(d)) is amended by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

(4)

Basic health program eligibility

Section 1331(e)(1)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051(e)(1)(B)) is amended by striking lawfully present in the United States,.

(5)

Restrictions on federal payments

Section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) is amended by striking subsection (d).

(6)

Requirement to maintain minimum essential coverage

Subsection (d) of section 5000A of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3).

(b)

Conforming amendments

(1)

Establishment of program

Section 1411(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(a)) is amended by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively.

(2)

Qualified individuals

Section 1312(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(f)) is amended—

(A)

in the subsection heading, by striking the semicolon and all that follows through residents; and

(B)

by striking paragraph (3).

(c)

Rule of construction

Nothing in this Act shall be construed as affecting the application of paragraph (a)(3) of section 155.305 of title 45, Code of Federal Regulations (relating to residency requirements for eligibility for enrollment in the Exchanges), or of paragraph (f)(4) of such section (relating to tax filing requirements for advance payments of the premium tax credit) or any successor to either such paragraph.

(d)

Effective date

The amendments made by this section shall apply to years, plan years, and taxable years, as applicable, beginning after December 31, 2015.

3.

Treatment of individuals granted deferred action

(a)

In general

For purposes of eligibility under any of the provisions referred to in subsection (c), notwithstanding paragraph (8) of section 152.2 of title 45, Code of Federal Regulations, individuals described in subsection (b) shall be considered lawfully present in the United States.

(b)

Individuals described

For purposes of subsection (a), the individuals described in this subsection are the following:

(1)

An individual with deferred action under the Department of Homeland Security’s deferred action for childhood arrivals process, as described in the Secretary of Homeland Security’s June 15, 2012, memorandum.

(2)

An individual with deferred action under the Department of Homeland Security’s deferred action process for expanded deferred action for childhood arrivals and parents of United States citizens and lawful permanent residents, as described in the Secretary of Homeland Security’s November 20, 2014, memorandum.

(c)

Provisions described

For purposes of subsection (a), the provisions described in this subsection are the following:

(1)

Exchange eligibility

Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031).

(2)

Reduced cost-sharing eligibility

Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071).

(3)

Premium subsidy eligibility

Section 36B of the Internal Revenue Code of 1986.