Exchange Inclusion for a Healthy America Act of 2015

Exchange Inclusion for a Healthy America Act of 2015

This bill allows undocumented aliens to obtain health care coverage by amending: (1) the Internal Revenue Code to eliminate the restriction of the tax credit for health care insurance premium assistance to persons lawfully present in the United States; and (2) the Patient Protection and Affordable Care Act (PPACA) to eliminate restrictions of benefits under such Act, including cost-sharing reduction, pre-existing condition coverage, and minimum essential health care coverage, to persons lawfully present in the United States. This expanded coverage is effective for taxable or plan years beginning after December 31, 2015.

The bill also extends PPACA benefits to individuals who are granted deferral from removal under specified Department of Homeland Security deferred action plans.  

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3659 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3659

   To amend the Patient Protection and Affordable Care Act to remove 
citizenship and immigration barriers to access the Exchanges under such 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2015

 Mr. Gutierrez (for himself and Ms. Judy Chu of California) introduced 
 the following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Patient Protection and Affordable Care Act to remove 
citizenship and immigration barriers to access the Exchanges under such 
                                  Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exchange Inclusion for a Healthy 
America Act of 2015''.

SEC. 2. REMOVING CITIZENSHIP AND IMMIGRATION BARRIERS TO ACCESS TO 
              AFFORDABLE HEALTH CARE UNDER THE ACA.

    (a) In General.--
            (1) Premium tax credits.--Section 36B of the Internal 
        Revenue Code of 1986 is amended--
                    (A) in subsection (c)(1)(B)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``Special rule for certain 
                        individuals ineligible for medicaid due to 
                        status''; and
                            (ii) in clause (ii), by striking ``lawfully 
                        present in the United States, but'' and 
                        inserting ``who''; and
                    (B) by striking subsection (e).
            (2) Cost-sharing reductions.--Section 1402 of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18071) is amended 
        by striking subsection (e).
            (3) Preexisting condition insurance plan.--Section 1101(d) 
        of the Patient Protection and Affordable Care Act (42 U.S.C. 
        18001(d)) is amended by striking paragraph (1) and 
        redesignating paragraphs (2) and (3) as paragraphs (1) and (2), 
        respectively.
            (4) Basic health program eligibility.--Section 
        1331(e)(1)(B) of the Patient Protection and Affordable Care Act 
        (42 U.S.C. 18051(e)(1)(B)) is amended by striking ``lawfully 
        present in the United States,''.
            (5) Restrictions on federal payments.--Section 1412 of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18082) is 
        amended by striking subsection (d).
            (6) Requirement to maintain minimum essential coverage.--
        Subsection (d) of section 5000A of the Internal Revenue Code of 
        1986 is amended by striking paragraph (3) and by redesignating 
        paragraph (4) as paragraph (3).
    (b) Conforming Amendments.--
            (1) Establishment of program.--Section 1411(a) of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18081(a)) 
        is amended by striking paragraph (1) and redesignating 
        paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), 
        respectively.
            (2) Qualified individuals.--Section 1312(f) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18032(f)) is 
        amended--
                    (A) in the subsection heading, by striking the 
                semicolon and all that follows through ``Residents''; 
                and
                    (B) by striking paragraph (3).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
as affecting the application of paragraph (a)(3) of section 155.305 of 
title 45, Code of Federal Regulations (relating to residency 
requirements for eligibility for enrollment in the Exchanges), or of 
paragraph (f)(4) of such section (relating to tax filing requirements 
for advance payments of the premium tax credit) or any successor to 
either such paragraph.
    (d) Effective Date.--The amendments made by this section shall 
apply to years, plan years, and taxable years, as applicable, beginning 
after December 31, 2015.

SEC. 3. TREATMENT OF INDIVIDUALS GRANTED DEFERRED ACTION.

    (a) In General.--For purposes of eligibility under any of the 
provisions referred to in subsection (c), notwithstanding paragraph (8) 
of section 152.2 of title 45, Code of Federal Regulations, individuals 
described in subsection (b) shall be considered lawfully present in the 
United States.
    (b) Individuals Described.--For purposes of subsection (a), the 
individuals described in this subsection are the following:
            (1) An individual with deferred action under the Department 
        of Homeland Security's deferred action for childhood arrivals 
        process, as described in the Secretary of Homeland Security's 
        June 15, 2012, memorandum.
            (2) An individual with deferred action under the Department 
        of Homeland Security's deferred action process for expanded 
        deferred action for childhood arrivals and parents of United 
        States citizens and lawful permanent residents, as described in 
        the Secretary of Homeland Security's November 20, 2014, 
        memorandum.
    (c) Provisions Described.--For purposes of subsection (a), the 
provisions described in this subsection are the following:
            (1) Exchange eligibility.--Section 1311 of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18031).
            (2) Reduced cost-sharing eligibility.--Section 1402 of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18071).
            (3) Premium subsidy eligibility.--Section 36B of the 
        Internal Revenue Code of 1986.
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