S2374-118

1. Short title This Act may be cited as the No Obamacare for Illegal Aliens Act.

2. Treatment of individuals subject to certain deferred action for purposes of enrollment in health plans offered on the Exchanges 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.. 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..

3. Ensuring that taxpayer funds for health insurance coverage are available only to authorized individuals Section 1331(e)) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051(e)) is amended— by redesignating paragraph (2) as paragraph (3); in paragraph (1), by striking the second sentence; and by inserting after paragraph (1), the following new paragraph: Such term shall not include the following: 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. 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. 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: 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)). 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. 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.. 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: 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.). Section 1903(v)(4) of the Social Security Act (42 U.S.C. 1396b(v)(4)) is amended— in subparagraph (A), by striking A State may and inserting Subject to subparagraph (D), a State may; and by adding at the end the following new subparagraph: 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. 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. 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.. Section 2112 of the Social Security Act (42 U.S.C. 1397ll) is amended— in subsection (d)(2), by inserting after and below subparagraph (C), the following new flush sentence: in subsection (f), by adding at the end the following new paragraph: 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. 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. (2)ExclusionsSuch 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.. (5)Prohibition on use of pass-Through funding for certain individualsNo 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)).. (d)Treatment of certain deferred action under Medicaid and CHIPFor 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.).. (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.. 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 (4)LimitationNotwithstanding 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..