Sec. 402. Applying citizenship and immigration status eligibility criteria for Federal programs to Affordable Care Act benefits

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Section 1101(d)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001(d)(1) ) is amended by striking or is lawfully present and all that follows through section 1411) and inserting or is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )), as determined in accordance with section 1411 Section 1312(f)(3) of such Act ( 42 U.S.C. 18032(f)(3) ) is amended— in the paragraph heading, by inserting after certain ; and limited to by striking an alien lawfully present in the United States and inserting an alien who is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 1331(e)(1)(B) of such Act ( 42 U.S.C. 18051(e)(1)(B) ) is amended by striking lawfully present in the United States and inserting who is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 36B of the Internal Revenue of 1986 is amended— in subsection (c)(1)(B)— in the heading, by striking and inserting individuals lawfully present in the United States ; and qualified aliens in clause (ii), by striking an alien lawfully present in the United States and inserting an alien who is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( ; and 8 U.S.C. 1641 )) in subsection (e)(2), by striking lawfully present in the United States and inserting who is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 1402(e)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e)(2) ) is amended by striking lawfully present in the United States and inserting who is a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ) is amended— in subsection (a)(1), by striking an alien lawfully present in the United States and inserting a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( ; and 8 U.S.C. 1641 )) in subsection (c)(2)(B)— in clause (i)(I), by striking an alien lawfully present in the United States and inserting a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( ; and 8 U.S.C. 1641 )) in clause (ii)(II), by striking an alien lawfully present in the United States and inserting a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 1412(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(d) ) is amended— in the heading, by striking and inserting Lawfully Present ; and citizens, nationals, or qualified aliens by striking not lawfully present in the United States and inserting not citizens or nationals of the United States or aliens who are qualified aliens (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 5000A(d)(3) of the Internal Revenue Code of 1986 is amended— in the heading, by striking and inserting lawfully present ; and citizens, nationals, or qualified aliens by striking an alien lawfully present in the United States and inserting a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 1903(v)(1) of the Social Security Act is amended by striking who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and inserting who is not a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( . 8 U.S.C. 1641 )) Section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) ) is amended by adding at the end the following new paragraph:

In applying paragraph (1), the following assistance and benefits are treated as health benefits described in paragraph (1)(B): Enrollment under the temporary high risk health insurance pool program under section 1101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001 ). Participation in an Exchange established under title I of the Patient Protection and Affordable Care Act. Participation in the health program established under section 1331(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ).

Allowance of a tax credit under section 36B of the Internal Revenue Code of 1986. Reduction of cost-sharing under qualified health plans under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). Provision of advance payments under section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ). . Section 403(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(c) ) is amended by adding at the end the following new paragraph:

In applying this section, assistance and benefits described in section 401(c)(3) are treated as Federal means-tested public benefits to which subsection

(a)applies. . Subject to paragraph (2), the amendments made by this section shall apply to coverage months beginning more than 120 days after the date of the enactment of this Act. In the case of an individual who is being provided assistance or benefits described in paragraph

(3)of section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) ), as added by subsection (b), as of the date of the enactment of this Act, the amendments made by this section (other than the amendments made by subsection (a)(8)) shall not apply with respect to such assistance or benefits provided to such individual for coverage months before January of the year after the date of enactment of this Act.

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