Sec. 4006. HEAL for Immigrant Families Act

807 words·~4 min read·/bill/118/s/4773/is/section-4006·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of eligibility under any of the provisions described in paragraph (2), all individuals granted federally authorized presence in the United States shall be considered to be lawfully present in the United States. The provisions described in this paragraph are the following: Section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). Section 36B of the Internal Revenue Code of 1986 ( 26 U.S.C. 36B ). Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act ( 42 U.S.C. 1396b(v) ). Paragraph

(1)shall take effect on the date of enactment of this Act. In the case of an individual described in paragraph

(1)who, before the first day of the first annual open enrollment period under subparagraph

(B)of section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) beginning after the date of enactment of this Act, is granted federally authorized presence in the United States and who, as a result of such subsection, qualifies for a subsidy under a provision described in subparagraph

(B)or

(C)of paragraph (2), the Secretary of Health and Human Services shall establish a special enrollment period under subparagraph

(C)of such section 1311(c)(6) during which such individual may enroll in qualified health plans through Exchanges under title I of the Patient Protection and Affordable Care Act and qualify for such a subsidy. For such an individual who has been granted federally authorized presence in the United States as of the date of enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under such subparagraph (C). Section 1902(a)(10)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(ii) ) is amended— in subclause (XXII), by striking or at the end; in subclause (XXIII), by striking the semicolon and inserting ; or ; and by adding at the end the following new subclause: who would be eligible under the State plan (or waiver of such plan) under this title if they were citizens of the United States; . Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended, in the matter preceding paragraph (1)— in the matter designated as clause (xvi), by striking or at the end; in the matter designated as clause (xvii), by adding or at the end; and by inserting after the matter designated as clause

(xvii)the following: individuals described in section 1902(a)(10)(A)(ii)(XXIV), . Title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ) is amended by inserting after section 2112 the following new section: A State may elect through an amendment to its State child health plan under section 2102 to treat an individual as a targeted low-income child or a targeted low-income pregnant woman for purposes of this title if such individual would otherwise be included as such a child or such a pregnant woman (as applicable) under such plan if the individual were a citizen of the United States. . Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 42 U.S.C. 1611(a) ) is amended by adding at the end the following new sentence: The preceding sentence shall not apply with respect to a noncitizen’s eligibility under a State plan (or waiver of such plan) under title XIX of the Social Security Act or under a State child health plan (or waiver of such plan) under title XXI of such Act to the extent that such State has elected to make such individual so eligible pursuant to section 1902(a)(10)(A)(ii)(XXIV) or 2112A of such Act, respectively. . Nothing in this section, including the amendments made by this section, shall prevent lawfully present noncitizens who are ineligible for full benefits under the Medicaid program under title XIX of the Social Security Act from securing a credit for which such lawfully present noncitizens would be eligible under section 36B(c)(1)(B) of the Internal Revenue Code of 1986 and under the Medicaid provisions for lawfully present noncitizens, as in effect on the date prior to the date of enactment of this Act. For purposes of paragraph (1), the term full benefits means, with respect to an individual and State, medical assistance for all services covered under the State plan under title XIX of the Social Security Act that is not less in amount, duration, or scope, or is determined by the Secretary of Health and Human Services to be substantially equivalent to the medical assistance available for an individual described in section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ).

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