Internet rumors would have you believe that the new health care law will force employers to provide health insurance benefits to undocumented workers. Section 1411 of the Affordable Care Act (ACA) specifically excludes people who are in our country illegally from receiving any benefits.
Sec. 1411. Procedures for determining eligibility for exchange participation, premium tax credits and reduced cost-sharing, and individual responsibility exemptions.
(1) IN GENERAL. An applicant for enrollment in a qualified health plan offered through an Exchange in the individual market shall provide:
(A) The name, address, and date of birth of each individual who is to be covered by the plan (in this subsection referred to as an ''enrollee''); and
(B) The information required by any of the following paragraphs that is applicable to an enrollee.
(2) CITIZENSHIP OR IMMIGRATION STATUS. The following information shall be provided with respect to every enrollee:
(A) In the case of an enrollee whose eligibility is based on an attestation of citizenship of the enrollee, the enrollee's social security number.
(B) In the case of an individual whose eligibility is based on an attestation of the enrollee's immigration status, the enrollee's social security number (if applicable) and such identifying information with respect to the enrollee's immigration status as the Secretary, after consultation with the Secretary of Homeland Security, determines appropriate.
Nothing in the ACA rules allow federal payments or credits for individuals who aren't lawfully present in the U.S. [Sec. 1412(d), PL 111-148, 3/23/2010. Joint Committee Staff, Tech Explanation of the Revenue Provisions of the Reconciliation Act of 2010, as Amended, in Combination With the Patient Protection and Affordable Care Act (JCX-18-10), 3/21/2010, p. 12, 22]. The ACA specifically states in §1411 that before an individual is eligible to benefit from the new system, they have to be able to prove their legal citizenship or immigration status.
No comments:
Post a Comment