Sec. 6. Strengthening data infrastructure for eligibility for insurance affordability programs

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Section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ) is amended by adding at the end the following new paragraph: The Secretary shall provide access to insurance affordability programs (as such term is defined in section 2 of the Easy Enrollment in Health Care Act ) to information in the National Directory of New Hires that involves— identity, employer, quarterly wages, and unemployment compensation, to the extent such information is potentially relevant to determining the eligibility or scope of coverage of an individual for benefits provided by such a program; and new hires, to the extent such information is potentially relevant to determining whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986.

Insurance affordability programs shall reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing information under this paragraph. . Notwithstanding any other provision of law— in determining an individual’s eligibility for advance payment of premium tax credits under section 1412(a)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(a)(3) ), and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ), and a basic health program under section 1331 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ), an Exchange may use information about identity, employer, quarterly wages, and unemployment compensation in the National Directory of New Hires, and information about new hires to determine whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986, subject to notice and appeal rights for any resulting eligibility determination, including the rights described in section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ); and Medicaid programs and CHIP programs may use information in the National Directory of New Hires about identity, employer, quarterly wages, and unemployment compensation to determine eligibility and to implement third-party liability procedures or premium assistance programs otherwise permitted or mandated under Federal law, and use information about new hires to implement such procedures and policies, subject to notice and appeal rights for any resulting determination, including those available under title XIX or title XXI of the Social Security Act or under section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ).

Notwithstanding any other provision of Federal or State law: Subject to the requirements described in paragraph (2), for purposes of determining eligibility and, in the case of a Medicaid program, for purposes of determining the applicability of third-party liability procedures or premium assistance policies otherwise permitted or mandated under Federal law, an insurance affordability program shall have access to any source of information, maintained by or accessible to a public entity, about receipt or offers of coverage through a group health plan.

Such sources shall include— information maintained by or accessible to the Secretary of Health and Human Services for purposes of implementing section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ); information maintained by or accessible to a State Medicaid program for purposes of implementing subsection (a)(25) or (a)(60) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ); and information reported under sections 6055 and 6056 of the Internal Revenue Code of 1986.

An insurance affordability program shall obtain the information described in paragraph

(1)pursuant to an interagency or other agreement, consistent with standards prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, that prevents the unauthorized use, disclosure, or modification of such information and otherwise protects privacy and data security. Notwithstanding any other provision of law, a Federal or State agency or private entity in possession of the sources of data potentially relevant to eligibility for an insurance affordability program is authorized to convey such data or information to the insurance affordability program, and such program is authorized to receive the data or information and to use it in determining eligibility. A conveyance of data to an insurance affordability program under this subsection shall be subject to the same requirements that apply to a conveyance of data to a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) under section 1942 of such Act ( 42 U.S.C. 1396w–2 ), and the penalties that apply to a violation of such requirements, including penalties that apply to a private entity making a conveyance. In determining an individual's eligibility for an insurance affordability program, the program shall— with respect to verifying an element of eligibility that is based on information from an Express Lane Agency (as defined in section 1902(e)(13)(F) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(F) )), from another public agency, or from another reliable source of relevant data, waive any otherwise applicable requirement that the individual must verify such information, provide an attestation as to the subject of such information, or provide a signature for attestations that include that subject, before the individual is enrolled into minimum essential coverage; and satisfy any otherwise applicable signature requirement with respect to an individual’s enrollment in an insurance affordability program through an electronic signature (as defined in section 1710(1) of the Government Paperwork Elimination Act ( 44 U.S.C. 3504 note)). Nothing in this section shall be construed as diminishing, reducing, or otherwise limiting the legal authority for an insurance affordability program to grant eligibility, in whole or in part, based on an attestation alone, without requiring verification through data matches or other sources.

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