[Page S2029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3590. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1110. SPECIAL RULES TO ENSURE CITIZENS AND NATIONALS OF 
                   THE UNITED STATES HAVE THE SAME HEALTH CARE 
                   CHOICES AS LEGAL IMMIGRANTS.

       Section 36B(c)(1) of the Internal Revenue Code of 1986, as 
     added by section 1401 of the Patient Protection and 
     Affordable Care Act and amended by section 10105 of such Act, 
     is amended by adding at the end the following:
       ``(E) Special rules to ensure citizens and nationals of the 
     united states have the same health care choices as legal 
     immigrants.--
       ``(i) In general.--Notwithstanding any other provision of 
     this Code, the Patient Protection and Affordable Care Act, or 
     any amendment made by that Act, any taxpayer who--

       ``(I) is a citizen or national of the United States; and
       ``(II) has a household income which is not greater than 133 
     percent of an amount equal to the poverty line for a family 
     of the size involved,

     may elect to enroll in a qualified health plan through the 
     Exchange established by the State under section 1311 of the 
     Patient Protection and Affordable Care Act instead of 
     enrolling in the State Medicaid plan under title XIX of the 
     Social Security, or under a waiver of such plan.
       ``(ii) Special rules.--

       ``(I) An individual making an election under clause (i) 
     shall waive being provided with medical assistance under the 
     State Medicaid plan under title XIX of the Social Security, 
     or under a waiver of such plan while enrolled in a qualified 
     health plan.
       ``(II) In the case of an individual who is a child, the 
     child's parent or legal guardian may make such an election on 
     behalf of the child.
       ``(III) Any individual making such an election, or on whose 
     behalf such an election is made, shall--

       ``(aa) for purposes of the credit under this section, be 
     treated as an applicable taxpayer and the applicable 
     percentage with respect to such taxpayer shall be the 
     percentage determined under subsection (b)(3)(A)(i); and
       ``(bb) for purposes of reduced cost-sharing under section 
     1402 of the Patient Protection and Affordable Care Act, be 
     treated as an eligible individual whose household income is 
     in the category described in subsection (c)(2)(A) of such 
     section.''.
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