Fox & Friends falsely claimed Senate health bill insures undocumented immigrants

http://mediamatters.org/items/200912220016 Fox & Friends co-host Steve Doocy claimed that one of the things conservatives hate about the Senate health care bill is that it "does provide insurance for illegal aliens. Sorry, Joe Wilson." But the language of the bill explicitly bars undocumented immigrants from purchasing insurance through the exchanges. From the December 22 edition of Fox News' Fox & Friends: DOOCY: Also, conservatives are, you know, not very happy about the fact that there's no indication that costs will fall in the future. Plus, it does provide insurance for illegal aliens. Sorry, [Rep.] Joe Wilson (R-SC). GRETCHEN CARLSON (co-host): I thought Joe Wilson said -- BRIAN KILMEADE (co-host): "You lie." DOOCY: Yeah, I know, but what it does is if you are -- and we've talked about this in the past -- is the fact that what you could do is if you are in this country illegally, you would be able to buy insurance. Senate bill bars undocumented immigrants from even using own money to obtain insurance through exchange The Senate health care legislation explicitly prevents undocumented immigrants from purchasing insurance and receiving subsidies through the exchange. From Section 1312 of the Senate health care bill: (f) QUALIFIED INDIVIDUALS AND EMPLOYERS; ACCESS LIMITED TO CITIZENS AND LAWFUL RESIDENTS.- [...] (3) ACCESS LIMITED TO LAWFUL RESIDENTS.- If an individual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States, the individual shall not be treated as a qualified individual and may not be covered under a qualified health plan in the individual market that is offered through an Exchange. From Section 1411 of the Senate health care bill: SEC. 1411. PROCEDURES FOR DETERMINING ELIGIBILITY FOR EXCHANGE PARTICIPATION, PREMIUM TAX CREDITS AND REDUCED COST-SHARING, AND INDIVIDUAL RESPONSIBILITY EXEMPTIONS. (a) ESTABLISHMENT OF PROGRAM.-The Secretary shall establish a program meeting the requirements of this section for determining- (1) whether an individual who is to be covered in the individual market by a qualified health plan offered through an Exchange, or who is claiming a premium tax credit or reduced cost-sharing, meets the requirements of sections 1312(f)(3), 1402(e), and 1412(d) of this title and section 36B(e) of the Internal Revenue Code of 1986 that the individual be a citizen or national of the United States or an alien lawfully present in the United States; [...] (b) INFORMATION REQUIRED TO BE PROVIDED BY APPLICANTS.- (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. [...] (c) VERIFICATION OF INFORMATION CONTAINED IN RECORDS OF SPECIFIC FEDERAL OFFICIALS.- (1) INFORMATION TRANSFERRED TO SECRETARY.-An Exchange shall submit the information provided by an applicant under subsection (b) to the Secretary for verification in accordance with the requirements of this subsection and subsection 19 (d). (2) CITIZENSHIP OR IMMIGRATION STATUS.- (A) COMMISSIONER OF SOCIAL SECURITY.-The Secretary shall submit to the Commissioner of Social Security the following information for a determination as to whether the information provided is consistent with the information in the records of the Commissioner: (i) The name, date of birth, and social security number of each individual for whom such information was provided under subsection (b)(2). (ii) The attestation of an individual that the individual is a citizen. (B) SECRETARY OF HOMELAND SECURITY.- (i) IN GENERAL.-In the case of an individual- (I) who attests that the individual is an alien lawfully present in he United States; or (II) who attests that the individual is a citizen but with respect to whom the Commissioner of Social Security has notified the Secretary under subsection (e)(3) that the attestation is inconsistent with information in the records maintained by the Commissioner; the Secretary shall submit to the Secretary of Homeland Security the information described in clause (ii) for a determination as to whether the information provided is consistent with the information in the records of the Secretary of Homeland Security. From Section 1412, "Advance Determination and Payment of Premium Tax Credits and Cost-Sharing Reductions": (d) NO FEDERAL PAYMENTS FOR INDIVIDUALS NOT LAWFULLY PRESENT.-Nothing in this subtitle or the amendments made by this subtitle allows Federal payments, credits, or cost-sharing reductions for individuals who are not lawfully present in the United States. Undocumented immigrants currently purchase insurance with own money in the private market. In a December 7 article comparing provisions regarding undocumented immigrants in the House and Senate bills, the Associated Press reported that the Senate legislation would not allow undocumented immigrants to purchase insurance through the exchanges with their own money and noted that "[c]urrently illegal immigrants are barred from government-funded care except in certain emergency cases but many buy private insurance." Additionally, The New York Times noted in a blog post about an earlier version of the Senate bill that "some immigrant advocates have questioned the logic of barring illegal immigrants from purchasing insurance through the proposed government marketplace, just as they might now, if they can afford to, on the private market."

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