To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Health Care Subsidies for Illegal 
Aliens Act of 2010''.

SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE 
              PATIENT PROTECTION AND AFFORDABLE CARE ACT.

    (a) Requirements for In-Person Attestation of Citizenship Status or 
Status as Eligible Lawful Permanent Resident.--Section 1411 of the 
Patient Protection and Affordable Care Act is amended--
            (1) in subsection (a), by striking ``Establishment of 
        Program.--'' and all that follows through ``determining--'' and 
        inserting ``Verification Process.--The Secretary shall ensure 
        that eligibility determinations required by this Act are 
        conducted in accordance with the requirements of this section, 
        including requirements for determining--'';
            (2) in subsection (a)(1), by inserting ``eligible'' before 
        ``alien''; and
            (3) in subsection (b)(1)--
                    (A) by striking ``provide--'' and inserting 
                ``appear in person to provide the Exchange with the 
                following:''; and
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C), by striking ``and'' at the end of 
                subparagraph (A), and by inserting after subparagraph 
                (A) the following:
                    ``(B) a sworn statement, under penalty of perjury, 
                specifically attesting to the fact that the enrollee is 
                either--
                            ``(i) a citizen or national of the United 
                        States; or
                            ``(ii) an alien who meets the requirements 
                        under under subsection (a)(1) for eligibility 
                        for coverage under a qualified health plan 
                        offered through an Exchange; and''.
    (b) Requirements for Establishment of Status.--
            (1) In general.--Section 1411(b)(2) of such Act is amended 
        by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) Evidence of citizenship or nationality.--In 
                the case of an enrollee whose eligibility is based on 
                attestation of citizenship of the enrollee, 
                satisfactory evidence, provided by the applicant, of 
                citizenship or nationality (within the meaning of 
                section 1903(x) of the Social Security Act (42 U.S.C. 
                1396b)).
                    ``(B) Evidence of satisfactory immigration 
                status.--In the case of an enrollee whose eligibility 
                is based on attestation of the enrollee's immigration 
                status--
                            ``(i) such information as is necessary for 
                        the applicant to demonstrate that the enrollee 
                        is in ``satisfactory immigration status'' as 
                        defined and in accordance with the Systematic 
                        Alien Verification for Entitlements (SAVE) 
                        program established by section 1137 of the 
                        Social Security Act (42 U.S.C. 1320b-7), and
                            ``(ii) such other additional identifying 
                        information as the Secretary, in consultation 
                        with the Secretary of Homeland Security, may 
                        require in order for the applicant to 
                        demonstrate satisfactory immigration status of 
                        the enrollee.''.
            (2) Verification of eligibility by exchange through 
        documentation.--
                    (A) Eligibility verification by exchange.--Section 
                1411(c) of such Act is amended--
                            (i) by striking the subsection heading and 
                        inserting ``Verification of Eligibility Through 
                        Documentation.--''; and
                            (ii) by striking paragraphs (1) and (2) and 
                        inserting the following:
            ``(1) In general.--Each Exchange shall conduct eligibility 
        verification, using the information provided by an applicant 
        under subsection (b), in accordance with this subsection.
            ``(2) Verification of citizenship or immigration status.--
                    ``(A) Verification of attestation of citizenship.--
                Each Exchange shall verify, based on satisfactory 
                documentary evidence of citizenship or nationality 
                provided in accordance with subsection (b)(2)(A), the 
                eligibility for enrollment of each individual who has 
                been attested by an applicant, as required by 
                subsection (b)(1)(B), to be a citizen or national of 
                the United States.
                    ``(B) Verification of attestation of eligible 
                immigration status.--Each Exchange shall verify, based 
                on evidence provided pursuant to subsection (b)(2)(B), 
                the eligibility for enrollment of each individual who 
                has been attested by an applicant, as required by 
                subsection (b)(1)(B), to be an alien who is eligible 
                for coverage under a qualified health plan offered 
                through an Exchange.''.
                    (B) Documentation provided with application.--
                Section 1411(b)(1)(C) of such Act (as redesignated 
                under subsection (a)(3)(A)) is amended by inserting 
                ``and documentation thereof in accordance with this 
                section'' before the period.
            (3) Elimination of secretarial authority to make 
        modifications to methods for verification.--Section 1411(c)(4) 
        of such Act is amended--
                    (A) by striking ``Methods.--'' and all that follows 
                through ``The Secretary, in consultation'' and 
                inserting ``Methods.--The Secretary, in consultation'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively.
            (4) Conforming amendments relating to requirements for 
        secretarial verification.--
                    (A) In general.--Section 1411 of such Act is 
                amended by striking subsection (d) and redesignating 
                subsections (e) through (i) as subsections (d) through 
                (h), respectively.
                    (B) Additional conforming amendments.--Subsection 
                (d) of such section 1411 (as redesignated by 
                subparagraph (A)) is amended--
                            (i) in paragraph (1), by striking the last 
                        sentence; and
                            (ii) in subparagraphs (A) and (B) of 
                        paragraph (2), by striking ``subsections (c) 
                        and (d)'' each place it appears and inserting 
                        ``subsection (c)''.
            (5) Treatment of inconsistencies in accordance with 
        existing secondary verification process.--Section 1411(d)(3) of 
        such Act (as redesignated by paragraph (4)(A)) is amended by 
        striking ``under section 1902(ee) of the Social Security Act 
        (as in effect on January 1, 2010)'' and inserting ``in 
        accordance with the secondary verification process established 
        consistent with section 1137 of the Social Security Act (as in 
        effect as of January 1, 2009)''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply as if included in the 
enactment of the Patient Protection and Affordable Care Act.

Summary: No Health Care Subsidies for Illegal Aliens Act of 2010 - Amends the Patient Protection and Affordable Care Act, with respect to procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien. (2) require enrollees to provide satisfactory documentary evidence of citizenship or nationality or satisfactory immigration status. (3) require Exchanges to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence and (4) eliminate the authority of the Secretary of Health and Human Services (HHS) to modify the methods used by Exchanges to verify enrollee eligibility.