Thursday, March 25, 2010

Sessions Amendment (#3701) on Eligibility Verification

Below please find a summary from my colleague Gregg Nunziata regarding the Sessions amendment (#3701) on eligibility verification…

 

Senator Sessions has proposed an amendment to the Health Care Reconciliation Bill, H.R. 4872, to require use of an effective system to verify that only those eligible to participate in the taxpayer-subsidized insurance exchange do so.

Considerations

Amendment Terms

  • Section 1411 of the health care Act provides the procedures for determining eligibility for participation in the Exchange.  The amendment makes these procedures more robust and effective and eliminates the discretion of the DHS Secretary to alter eligibility formulas.
  • The amendment adds a requirement that an applicant provide a sworn statement specifically attesting to the fact that the enrollee is a citizen, a U.S. national, or an eligible lawful permanent resident.  The amendment also requires that eligibility be demonstrated with documentation.
  • It then requires that each exchange shall verify eligibility verification in accordance with the way eligibility for other federal health related programs is established and verified under the Social Security Act.
  • Additionally, the amendment directs the exchanges to rely upon the DHS Systematic Alien Verification for Entitlements (SAVE) program.  SAVE is a program designed to aid agencies granting benefits in determining an applicant’s immigration status.  It does not make determinations but is rather an information service.
  • The Amendment maintains the current 5 year waiting period for legal aliens to receive welfare benefits.

Background

This amendment implements the President’s promise to a joint session of Congress that his health care proposals “would not apply to those who are here illegally.”