I 

111TH CONGRESS 

2D SESSION H. R. 6444 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2010 

Mr. ROHRABACHER 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 title I of the Patient Protection and Affordable 

Care Act to provide for appropriate procedures under 

such title for verification of citizenship status. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Health Care Sub5 sidies for Illegal Aliens Act of 2010’’. 


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1 SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS 

2 UNDER TITLE I OF THE PATIENT PROTEC3 TION AND AFFORDABLE CARE ACT. 

4 (a) REQUIREMENTS FOR IN-PERSON ATTESTATION

5 OF CITIZENSHIP STATUS OR STATUS AS ELIGIBLE LAW6 FUL PERMANENT RESIDENT.—Section 1411 of the Pa7 tient Protection and Affordable Care Act is amended— 

8 (1) in subsection (a), by striking ‘‘ESTABLISH9 MENT OF PROGRAM.—’’ and all that follows through 

10 ‘‘determining—’’ and inserting ‘‘VERIFICATION

11 PROCESS.—The Secretary shall ensure that eligi12 bility determinations required by this Act are con13 ducted in accordance with the requirements of this 

14 section, including requirements for determining—’’; 

15 (2) in subsection (a)(1), by inserting ‘‘eligible’’ 

16 before ‘‘alien’’; and 

17 (3) in subsection (b)(1)— 

18 (A) by striking ‘‘provide—’’ and inserting 

19 ‘‘appear in person to provide the Exchange with 

20 the following:’’; and 

21 (B) by redesignating subparagraph (B) as 

22 subparagraph (C), by striking ‘‘and’’ at the end 

23 of subparagraph (A), and by inserting after 

24 subparagraph (A) the following: 


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1 ‘‘(B) a sworn statement, under penalty of 

2 perjury, specifically attesting to the fact that 

3 the enrollee is either— 

4 ‘‘(i) a citizen or national of the United 

5 States; or 

6 ‘‘(ii) an alien who meets the require7 ments under under subsection (a)(1) for 

8 eligibility for coverage under a qualified 

9 health plan offered through an Exchange; 

10 and’’. 

11 (b) REQUIREMENTS FOR ESTABLISHMENT OF STA12 TUS.— 

13 (1) IN GENERAL.—Section 1411(b)(2) of such 

14 Act is amended by striking subparagraphs (A) and 

15 (B) and inserting the following: 

16 ‘‘(A) EVIDENCE OF CITIZENSHIP OR NA17 TIONALITY.—In the case of an enrollee whose 

18 eligibility is based on attestation of citizenship 

19 of the enrollee, satisfactory evidence, provided 

20 by the applicant, of citizenship or nationality 

21 (within the meaning of section 1903(x) of the 

22 Social Security Act (42 U.S.C. 1396b)). 

23 ‘‘(B) EVIDENCE OF SATISFACTORY IMMI24 GRATION STATUS.—In the case of an enrollee 


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1 whose eligibility is based on attestation of the 

2 enrollee’s immigration status— 

3 ‘‘(i) such information as is necessary 

4 for the applicant to demonstrate that the 

5 enrollee is in ‘‘satisfactory immigration 

6 status’’ as defined and in accordance with 

7 the Systematic Alien Verification for Enti8 tlements (SAVE) program established by 

9 section 1137 of the Social Security Act (42 

10 U.S.C. 1320b–7), and 

11 ‘‘(ii) such other additional identifying 

12 information as the Secretary, in consulta13 tion with the Secretary of Homeland Secu14 rity, may require in order for the applicant 

15 to demonstrate satisfactory immigration 

16 status of the enrollee.’’. 

17 (2) VERIFICATION OF ELIGIBILITY BY EX18 CHANGE THROUGH DOCUMENTATION.— 

19 (A) ELIGIBILITY VERIFICATION BY EX20 CHANGE.—Section 1411(c) of such Act is 

21 amended— 

22 (i) by striking the subsection heading 

23 and inserting ‘‘VERIFICATION OF ELIGI24 BILITY THROUGH DOCUMENTATION.—’’; 

25 and 


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1 (ii) by striking paragraphs (1) and (2) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—Each Exchange shall con4 duct eligibility verification, using the information 

5 provided by an applicant under subsection (b), in ac6 cordance with this subsection. 

7 ‘‘(2) VERIFICATION OF CITIZENSHIP OR IMMI8 GRATION STATUS.— 

9 ‘‘(A) VERIFICATION OF ATTESTATION OF

10 CITIZENSHIP.—Each Exchange shall verify, 

11 based on satisfactory documentary evidence of 

12 citizenship or nationality provided in accordance 

13 with subsection (b)(2)(A), the eligibility for en14 rollment of each individual who has been at15 tested by an applicant, as required by sub16 section (b)(1)(B), to be a citizen or national of 

17 the United States. 

18 ‘‘(B) VERIFICATION OF ATTESTATION OF

19 ELIGIBLE IMMIGRATION STATUS.—Each Ex20 change shall verify, based on evidence provided 

21 pursuant to subsection (b)(2)(B), the eligibility 

22 for enrollment of each individual who has been 

23 attested by an applicant, as required by sub24 section (b)(1)(B), to be an alien who is eligible 


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1 for coverage under a qualified health plan of2 fered through an Exchange.’’. 

3 (B) DOCUMENTATION PROVIDED WITH AP4 PLICATION.—Section 1411(b)(1)(C) of such Act 

5 (as redesignated under subsection (a)(3)(A)) is 

6 amended by inserting ‘‘and documentation 

7 thereof in accordance with this section’’ before 

8 the period. 

9 (3) ELIMINATION OF SECRETARIAL AUTHORITY

10 TO MAKE MODIFICATIONS TO METHODS FOR

11 VERIFICATION.—Section 1411(c)(4) of such Act is 

12 amended— 

13 (A) by striking ‘‘METHODS.—’’ and all 

14 that follows through ‘‘The Secretary, in con15 sultation’’ and inserting ‘‘METHODS.—The Sec16 retary, in consultation’’; 

17 (B) by striking subparagraph (B); and 

18 (C) by redesignating clauses (i) and (ii) as 

19 subparagraphs (A) and (B), respectively. 

20 (4) CONFORMING AMENDMENTS RELATING TO

21 REQUIREMENTS FOR SECRETARIAL VERIFICATION.— 

22 (A) IN GENERAL.—Section 1411 of such 

23 Act is amended by striking subsection (d) and 

24 redesignating subsections (e) through (i) as 

25 subsections (d) through (h), respectively. 


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1 (B) ADDITIONAL CONFORMING AMEND2 MENTS.—Subsection (d) of such section 1411 

3 (as redesignated by subparagraph (A)) is 

4 amended— 

5 (i) in paragraph (1), by striking the 

6 last sentence; and 

7 (ii) in subparagraphs (A) and (B) of 

8 paragraph (2), by striking ‘‘subsections (c) 

9 and (d)’’ each place it appears and insert10 ing ‘‘subsection (c)’’. 

11 (5) TREATMENT OF INCONSISTENCIES IN AC12 CORDANCE WITH EXISTING SECONDARY

13 VERIFICATION PROCESS.—Section 1411(d)(3) of 

14 such Act (as redesignated by paragraph (4)(A)) is 

15 amended by striking ‘‘under section 1902(ee) of the 

16 Social Security Act (as in effect on January 1, 

17 2010)’’ and inserting ‘‘in accordance with the sec18 ondary verification process established consistent 

19 with section 1137 of the Social Security Act (as in 

20 effect as of January 1, 2009)’’. 

21 SEC. 3. EFFECTIVE DATE. 

22 The amendments made by this Act shall apply as if 

23 included in the enactment of the Patient Protection and 

24 Affordable Care Act. 

Æ 


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