[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4727 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4727
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 HOUSE OF REPRESENTATIVES
July 19, 2023
Mr. Brecheen (for himself, Mr. Rosendale, Mr. Hern, Mr. McClintock, Mr.
Weber of Texas, Mr. Duncan, Mr. Grothman, Mr. Burlison, Mrs.
Harshbarger, Mr. Sessions, Mr. Biggs, Mr. Norman, and Mr. Gosar)
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 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
of 2023''.
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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