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CRS Report: Treatment of NonCitizens under H.R. 3200
Open CRS ^ | August 25, 2009 | Alison Siskin and Erika K. Lunder

Posted on 09/10/2009 8:32:36 AM PDT by Ooh-Ah

Summary

This report outlines the treatment of noncitizens (aliens) under H.R. 3200, America's Affordable Health Choices Act of 2009. In particular, the report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the provisions.

Within the bill, noncitizens are treated differently in several provisions. In 2008, there were approximately 37.3 million foreign-born persons in the United States. The foreign-born population was comprised of approximately 15.1 million naturalized U.S. citizens and 22.2 million noncitizens.

H.R. 3200 includes an individual mandate to have health insurance, with tax penalties for noncompliance. Individuals who do not maintain acceptable health insurance coverage for themselves and their children would be required to pay an additional tax. Some individuals, including nonresident aliens, would be exempt from the individual mandate.

"Nonresident alien" is a term under tax but not immigration law. For federal tax purposes, alien individuals are classified as resident or nonresident aliens.

In general, an individual is a nonresident alien unless he or she meets the qualifications under a residency test. Thus, legal permanent residents, and noncitizens and unauthorized aliens who qualify as resident aliens (i.e., meet the substantial presence test), would be required under H.R. 3200 to have health insurance.

In addition, under H.R. 3200, a "Health Insurance Exchange" would begin operation in 2013 and would offer private plans alongside a public option. The Exchange would provide eligible individuals and small businesses with access to insurers™ plans, including the public option, in a comparable way. Individuals would only be eligible to enroll in an Exchange plan if they were not enrolled in other acceptable coverage (for example, from an employer, Medicare and generally Medicaid).

H.R. 3200 does not contain any restrictions on noncitzens participating in the ExchangeŠwhether the noncitizens are legally or illegally present, or in the United States temporarily or permanently. Nonetheless, only aliens who could be classified as resident aliens would be required under the bill to have health insurance.

In 2013, under H.R. 3200, some individuals would be eligible for premium credits (i.e., subsidies based on income) toward their required purchase of health insurance. To be eligible for the premium credits under H.R. 3200, individuals must be lawfully present in a state in the United States, excluding most nonimmigrants (i.e., those in the United States for a specific purpose and a specific period of time).

The exceptions for nonimmigrants who could obtain premium credits under H.R. 3200 would be trafficking victims, crime victims, fiancées of U.S. citizens, and those who have had applications for legal permanent residence (LPR) status pending for three years. It is expected that almost all aliens in these excepted nonimmigrant categories will become LPRs (i.e., immigrants) and remain in the United States permanently. Furthermore, unauthorized aliens would be barred from receiving the premium credit.

H.R. 3200 as reported from the House Energy and Commerce Committee (E&C) would extend Medicaid eligibility up to 133 1/3% of poverty for populations that previously were not covered (e.g., childless adults and many parents). This extension of benefits could mean an increase in the number of noncitizens who already meet the immigration status requirements for Medicaid eligibility who would be eligible for Medicaid.

Also, H.R. 3200 as reported by E & C would make eligible for full Medicaid noncitizens who lawfully reside in the United States in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and are otherwise eligible for such assistance.

This report will be updated.

(NOTE: Paragraphing & quotation marks added for clarity)


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: 111th; aliens; bhohealthcare; bhoillegals; healthcare; hr3200; illegalaliens; illegals; immigration; noncitizens; obamacare
CRS is a non-partisan, objective source validates the concerns associated with noncitizens under the House health reform bill.

This report, issued by the Congressional Research Service (CRS), is available at: http://opencrs.com/.

CRS provides objective reports to Members of Congress regarding public policy issues. Treatment of Noncitizens in H.R. 3200 addresses H.R. 3200, and it indicates in numerous places that noncitizens are - in fact - covered by certain portions of H.R. 3200.


1 posted on 09/10/2009 8:32:36 AM PDT by Ooh-Ah
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To: Ooh-Ah

I thought there was something in there that said something to the effect that you couldn’t ask their legal status.


2 posted on 09/10/2009 8:35:49 AM PDT by RummyChick
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To: Ooh-Ah
We've known this for months. Any Democrat who says otherwise, including Obama, simply doesn't know the slightest thing about their own proposal.

Even the slowest readers should have gotten through the text of HR3200 by now.

3 posted on 09/10/2009 8:38:21 AM PDT by muawiyah
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To: Ooh-Ah
To be eligible for the premium credits under H.R. 3200, individuals must be lawfully present in a state in the United States, excluding most nonimmigrants (i.e., those in the United States for a specific purpose and a specific period of time).

This is the theory. The reality is that there is NO enforcement mechanism, and that Congress intended there to be none. An amendment that would have required citizenship to be verified was voted down in committee along partisan lines.

An illegal can simply claim to be legal using fake credentials. Moreover there is NO penalty for doing so. By contrast, income must be verified.

It is perfectly obvious that this is a snow job. The RATS want illegals to get coverage and subsidies.

Worse, illegals will be free to get coverage when they need it and drop off when they dont. Citizens wont be able to do that...they will have to pay premiums every month.

4 posted on 09/10/2009 8:39:10 AM PDT by freespirited (Liberals are only liberal about sex & drugs. Otherwise, they want to control your life. --DHorowitz)
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To: Ooh-Ah

For a minute I thought this was from CBS.


5 posted on 09/10/2009 8:40:05 AM PDT by VanDeKoik (Iran doesnt have a 2nd admendment. Ya see how that turned out?)
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To: Ooh-Ah
"Individuals who do not maintain acceptable health insurance coverage for themselves and their children would be required to pay an additional tax. Some individuals, including nonresident aliens, would be exempt from the individual mandate.

Good Night!!!

Another unaddressed issue is the FACT that the 8 million people with a Health Savings Account combined with a High Deductible Health Plan WILL LOSE THEIR INSURANCE whether they like it or not (the formula on page 167 of 3200 makes it illegal). The Baucus bill also strips out this option, which I can tell you from experience is a wonderful plan.

6 posted on 09/10/2009 8:47:57 AM PDT by cookcounty ("Education is not the filling of a bucket, but the lighting of a fire." ---Yeats)
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To: freespirited

By the time this goes into effect, the illegals will all be legal, the next of many agenda items by O.


7 posted on 09/10/2009 8:51:39 AM PDT by Hattie
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To: RummyChick; All

“I thought there was something in there that said something to the effect that you couldn’t ask their legal status.”

There was an amendment by Heller to confirm the status of aliens. It was defeated by the democrats. There is no mechanism to verify status before getting the healthcare.

Democrats Defeat Amendment That Would Exclude Illegal Immigrants ...
Jul 20, 2009 ... Dean Heller, R-Nev., that would have prevented illegal aliens from receiving government-subsidized health care under the proposed plan ...
www.kxmb.com/News/Nation/408841.asp -


8 posted on 09/10/2009 9:03:23 AM PDT by AuntB (If the TALIBAN grew drugs & burned our land instead of armed Mexican Cartels would anyone notice?)
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To: cookcounty
Another unaddressed issue is the FACT that the 8 million people with a Health Savings Account combined with a High Deductible Health Plan WILL LOSE THEIR INSURANCE whether they like it or not (the formula on page 167 of 3200 makes it illegal).

Interesting tidbit as the company I work for is only offering up these types of plans for next year, guess we now know where our coverage is headed.
9 posted on 09/10/2009 9:08:51 AM PDT by boxerblues
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To: All

Boehner is on TV now and he mentioned this report.


10 posted on 09/10/2009 9:23:57 AM PDT by Ooh-Ah
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To: Ooh-Ah

There is something VERY interesting here. If you go to CNN’s supposed ‘truthsquad’ site here:

http://politicalticker.blogs.cnn.com/2009/08/27/cnn-truth-squad-will-health-bill-pay-for-illegal-immigrants-an-update/

They use an analysis by Dr. Henrie Treadwell, and somehow fail to mention that she is both a rabid supporter of Barack Obama and an activist that wants to give felons the right to vote, and has been pushing for a socialized health care plan for years.

But it gets better; they actually quote from the CRS and completely omit the statements mentioned in the OP. That’s the kind of ‘journalism’ we should expect from CNN I suppose.


11 posted on 09/10/2009 9:43:50 AM PDT by GOP_Muzik (If all the world's a stage then I want different lighting)
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To: Ooh-Ah
It’s all a smoke screen. After health care is jammed through, immigration reform will be next up and all the illegals will become legal
12 posted on 09/10/2009 10:08:38 AM PDT by paul51 (11 September 2001 - Never forget)
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To: Ooh-Ah; All

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13 posted on 09/10/2009 5:09:00 PM PDT by Tennessee Nana
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