Sec. 3. Delaying provision of ACA premium and cost-sharing subsidies until eligibility verification process for such subsidies is complete
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Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed.
For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act ( 42 U.S.C. 18081(b) ) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved.
Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month— with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and that begins before the date on which the verification process described in subsection
(a)has been completed, in accordance with such subsection, with respect to such claim for such individual. Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection
(a)with respect to such claim for such individual. The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. For purposes of clause (i), an individual described in this clause is an individual— who is enrolled in a qualified health plan described in clause
(i)before the date of the enactment of this Act; to whom the suspension under subparagraph
(A)applies; who terminated enrollment in the qualified health plan during such period of suspension; and who, after the completion of the verification process described in subsection
(a)with respect to such individual, seeks to enroll in such a qualified health plan.
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Sec. 3
Delaying provision of ACA premium and cost-sharing subsidies until eligibility verification process for such subsidies is complete
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