Sec. 4. Eligibility for certain Federal health care benefits

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Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended by adding at the end the following new paragraph: For purposes of paragraph (1), an alien shall not be considered to be lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law if the alien is— granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act; granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012; granted asylum under section 208 of the Immigration and Nationality Act; granted temporary protected status under section 244 of the Immigration and Nationality Act; or granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act. .

Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: Notwithstanding section 226, section 226A, section 1818(a), section 1836(a), or any other provision of this title, in no case may an applicable individual (as defined in subsection (b)) be entitled to, or enrolled for, benefits under this title. In this section, the term applicable individual means an alien— granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act; granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012; granted asylum under section 208 of the Immigration and Nationality Act; granted temporary protected status under section 244 of the Immigration and Nationality Act; or granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act. .

Subparagraph

(B)of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking If and inserting Except as provided in subparagraph (F), if . Paragraph

(1)of section 36B(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: The following shall not be treated as an applicable taxpayer: Any alien granted asylum under section 208 of the Immigration and Nationality Act. Any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act. Any alien granted temporary protected status under section 244 of the Immigration and Nationality Act. Any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. Any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act. . Subsection

(e)of section 36B of the Internal Revenue Code of 1986 is amended— by striking in the heading and inserting individuals , and disqualified individuals and individuals by striking are individuals who are not lawfully present in paragraph

(1)and inserting are individuals described in subsection (c)(1)(F) or are not lawfully present . Paragraph

(3)of section 5000A(d) of the Internal Revenue Code of 1986 is amended— by striking in the heading and inserting Individuals , and Disqualified individuals and individuals by inserting , or is an individual described in section 36B(c)(1)(F) before the period at the end. The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. Subsection

(b)of section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended by inserting , and not described in section 36B(c)(1)(F) of such Code after the Internal Revenue Code of 1986 . Subsection

(e)of section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended— by striking in the heading and inserting individuals , and disqualified individuals and individuals by striking is not lawfully present in paragraph

(1)and inserting is an individual described in . section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or is not lawfully present Paragraph

(1)of section 1411(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(a) ) is amended by inserting , and is not a disqualified individual under section 36B(c)(1)(F) of such Code before the semicolon at the end. Subsection

(d)of section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ) is amended— by striking in the heading and inserting individuals , and disqualified individuals or individuals by striking are not lawfully present in paragraph

(1)and inserting are described in . section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or are not lawfully present Paragraph

(1)of section 1331(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ) is amended by inserting , or any individual who is described in before the period at the end. section 36B(c)(1)(F) of the Internal Revenue Code of 1986 Paragraph

(3)of section 1312(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f) ) is amended— by striking in the heading and inserting lawful , and certain lawful by inserting , or is an individual described in after section 36B(c)(1)(F) of the Internal Revenue Code of 1986 lawfully present in the United States . The amendments made by this subsection shall apply to years, plan years, and taxable years, as applicable, beginning after the date of the enactment of this Act. A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )) that provides services (other than services to treat an emergency medical condition, as defined in section 1903(v)(3) of the Social Security Act ( 42 U.S.C. 1396b(v)(3) )) to individuals who are not lawfully present in the United States shall not be eligible for— payment under— the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ); or the Children's Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ); grant or any other funding under the Public Health Service Act, including a grant under section 330 of such Act ( 42 U.S.C. 254b ); or any other Federal funding.

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