Sec. 3. Indian defined in PPACA
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/bill/116/hr/4533/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1304 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024 ) is amended by adding at the end the following new subsection: In this title, the term Indian means any individual— described in paragraph
(13)or
(28)of section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ); who is eligible for health services provided by the Indian Health Service under section 809 of the Indian Health Care Improvement Act ( 25 U.S.C. 1679 ); who is of Indian descent and belongs to the Indian community served by the local facilities and program of the Indian Health Service; or who is described in paragraph (2). For purposes of this title, the following individuals shall be considered to be an Indian : A member of a Federally recognized Indian tribe. A resident of an urban center who meets one or more of the following four criteria: Membership in a Tribe, band, or other organized group of Indians, including those Tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside, or being a descendant, in the first or second degree, of any such member. Is an Eskimo or Aleut or other Alaska Native. Is considered by the Secretary of the Interior to be an Indian for any purpose. Is determined to be an Indian under regulations promulgated by the Secretary. An individual who is considered by the Secretary of the Interior to be an Indian for any purpose. An individual who is considered by the Secretary to be an Indian for purposes of eligibility for Indian health care services, including as a California Indian, Eskimo, Aleut, or other Alaska Native. . Section 1311(c)(6)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6)(D) ) is amended by striking section 4 of the Indian Health Care Improvement Act and inserting section 1304(f) . Section 1402(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(d) ) is amended— in paragraph (1), in the matter preceding subparagraph (A), by striking section 4(d) of the Indian Self-Determination and Education Assistance Act ( and inserting 25 U.S.C. 450b(d) ) section 1304(f) ; and in paragraph (2), in the matter preceding subparagraph (A), by striking (as so defined) and inserting (as defined in section 1304(f)) . Section 5000A(e) of the Internal Revenue Code of 1986 is amended by striking paragraph
(3)and inserting the following new paragraph: Any applicable individual who is an Indian (as defined in section 1304(f) of the Patient Protection and Affordable Care Act). . The amendments made by this subsection shall apply with respect to plan years beginning on or after January 1, 2021. Section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ) is amended— in paragraph (13), by striking as defined in subsection
(d)hereof and inserting as defined in paragraph
(14); and in paragraph (28)— by striking as defined in subsection
(g)hereof and inserting as defined in paragraph
(27); and by striking subsection (c)(1) through
(4)and inserting subparagraphs
(A)through
(D)of paragraph
(13).
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Sec. 3
Indian defined in PPACA
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