,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dhje ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjad ,mrs4 ,black 7for herself1 ,mr4 ,griffin of ,arkansas1 ,mr4 ,harris1 ,mr4 ,tiberi1 ,mr4 ,fincher1 ,mr4 ,sam ,johnson of ,texas1 ,mr4 ,duncan of ,tennessee1 ,mr4 ,kelly of ,pennsylvania1 and ,ms4 ,jenkins7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to delay the provision of the ,affordable ,care ,act premium and cost-sharing subsidies until the eligibility verification process for such subsidies is completed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,subsidies ,without ,verification ,act of #bjad4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,july #e1 #bjac1 the ,department of ,health and ,human ,services released more than #fjj pages of a final rule to implement the provisions of the ,patient ,protection and ,affordable ,care ,act and the health care provisions of the ,health ,care and ,education ,reconciliation ,act of #bjaj 7commonly referred to as ,obamacare or the ,,aca74 7#b7 ,such final rule included an announcement that the ,federal ,government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an ,exchange established under the ,patient ,protection and ,affordable ,care ,act are actually qualified for such credits or reductions4 ,instead1 the ,administration would rely on self-attestation and sample audits of a sample population to protect the integrity of this new #a trillion entitlement program4 7#c7 ,the ,department of ,health and ,human ,services later announced a change in such policy and stated it would extend the sample population to #ajj percent4 ,this change1 though announced1 was never made to the final rule1 meaning there was no guarantee to the ,american people that applicants would be verified4 7#d7 ,it is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately #bej billion in fraudulent payments through payments of such ,obamacare premium tax credits and cost-sharing reductions4 7#e7 ,the final rule provides that the ,department of ,health and ,human ,services will offer to perform this verification procedure for ,states that are establishing a ,state-based ,exchange1 but will be unable to do so until #bjae4 ,as a result1 such ,states will not be required to randomly verify employer-sponsored coverage until #bjae4 7#f7 ,in order to protect taxpayers after the ,department of ,health and ,human ,services failed to implement a new rule that it would ensure ,congress and taxpayers that verification of eligibility would be performed1 the ,house of ,representatives advanced legislation1 ,h4,r4 #bgge1 the ,no ,subsidies ,without ,verification ,act4 ,this legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any ,obamacare premium tax credit or cost-sharing reduction4 7#g7 ,on ,september #ab1 #bjac1 this legislation was passed in the ,house of ,representatives with bipartisan support by a #bce to #aia vote margin4 7#h7 ,on ,september #aj1 #bjac1 the ,obama ,administration issued a ,statement of ,administration ,policy to ,h4,r4 #bgge that stated the ,administration strongly opposes ,house passage of ,h4,r4 #bgge because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve4 7#i7 ,the ,statement of ,administration ,policy also stated that ,h4,r4 #bgge is unnecessary because the ,secretary of ,health and ,human ,services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions44 7#aj7 ,on ,october #af1 #bjac1 the ,senate removed the verification mechanism of ,h4,r4 #bgge and replaced it with language that required a report to ,congress by the ,secretary of ,health and ,human ,services no later than ,january #a1 #bjad4 7#aa7 ,on ,january #a1 #bjad1 the ,department of ,health and ,human ,services submitted a mandated report to ,congress entitled1 ,verification of ,household ,income and ,other ,qualifications for the ,provision of ,affordable ,care ,at ,premium ,tax ,credits and ,cost-,sharing ,reductions4 7#ab7 ,this report to ,congress states1 ,in accordance with statute and applicable implementing regulations1 when a consumer submits an application for insurance affordability programs 7which include ,a,p,t,cs1 ,c,s,rs1 ,medicaid1 the ,children's ,health ,insurance ,program 7,,chip71 and the ,basic ,health ,program 7,,bhp771 the ,exchange verifies information provided by the consumer on the application as a component of making an eligibility determination4 ,the processes for verifying information in order to determine eligibility for enrollment in a qualified health plan 7,,qhp7 through the ,exchange and for ,,aptc under section #cf;,b of the ,internal ,revenue ,code 7the ,code7 and ,c,s,rs under section #adjb of the ,,aca are specified in the ,,aca and its implementing regulations4 ,pursuant to both statute and applicable regulations1 the ,exchanges have implemented numerous processes to carry out the verification of information provided by applicants44 7#ac7 ,beginning in #bjad1 ,federal subsidies have been made available to help individuals purchase health insurance through an ,exchange through premium tax credits and cost-sharing reductions4 ,on ,april #bjad1 the ,department of ,health and ,human ,services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare4gov website4 7#ad7 ,various reports indicate that the internal portions of the healthcare4gov website are yet to be finalized1 thus leaving the ,department of ,health and ,human ,services unable to perform the verification it stated it was performing4 ,the ,obama ,administration is operating a new ,federal entitlement program that fails to prevent fraudulent subsidy claims before administered4 ,in doing so1 the ,department of ,health and ,human ,services has created a new pay and chase program that places taxpayers at financial risk of fraudulent claims4 #c4 ,delaying provision of ,,aca premium and cost-sharing subsidies until eligibility verification process for such subsidies is complete 7a7 ,in general ,notwithstanding any other provision of law1 in the case of an individual with respect to whom a premium tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf or reduced cost-sharing under section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7 is being claimed1 no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify1 in accordance with section #adaa of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjha71 the household income and coverage requirements of such individual for purposes of determining eligibility for1 and the accurate amount of1 such credit or reduction1 respectively1 has been completed4 ,for purposes of the previous sentence1 the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section #adaa7;b7 of such ,act 7#db ,u4,s4,c4 #ahjha7;b77 and any inconsistency of such information with records of the ,secretary of the ,treasury1 ,secretary of ,homeland ,security1 or the ,commissioner of ,social ,security has been resolved4 7b7 ,treatment of individual mandate ,notwithstanding any other provision of law1 no penalty shall be imposed under section #ejjj;,a of the ,internal ,revenue ,code of #aihf with respect to an individual for any month-- 7#a7 with respect to which a premium tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf is being claimed for such individual2 and 7#b7 that begins before the date on which the verification process described in subsection 7a7 has been completed1 in accordance with such subsection1 with respect to such claim for such individual4 7c7 ,application provisions 7#a7 ,effective date ,subject to paragraph 7#b71 the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this ,act4 7#b7 ,treatment of individuals currently receiving subsidies 7,a7 ,suspension of certain subsidies ,in the case of an individual with respect to whom a premium tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf or reduced cost-sharing under section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7 has been claimed before the date of the enactment of this ,act and for whom such a credit or reduction has been allowed before such date1 such allowance shall be suspended until the coverage month described in subsection 7a7 with respect to such claim for such individual4 7,b7 ,special enrollment period 7i7 ,in general ,the ,secretary of ,health and ,human ,services shall take such steps as are necessary to establish a special enrollment period of #de days1 beginning on the date of completion of the verification process described in subsection 7a71 with respect to an individual described in clause 7ii71 for such individual to enroll in qualified health plans offered through ,exchanges established under title ,i of the ,patient ,protection and ,affordable ,care ,act4 7ii7 ,individual described ,for purposes of clause 7i71 an individual described in this clause is an individual-- 7,i7 who is enrolled in a qualified health plan described in clause 7i7 before the date of the enactment of this ,act2 7,,ii7 to whom the suspension under subparagraph 7,a7 applies2 7,,iii7 who terminated enrollment in the qualified health plan during such period of suspension2 and 7,,iv7 who1 after the completion of the verification process described in subsection 7a7 with respect to such individual1 seeks to enroll in such a qualified health plan4