Last Tuesday, the Congressional Research Service (CRS), which is the non-partisan "research arm" of the United States Congress, issued a report that concludes that illegal aliens will be able to receive benefits under the House health care bill (H.R. 3200) through two major loopholes. (See
CRS Report and
FAIR Press Release, August 26, 2009).
According to its own website, CRS is a legislative branch agency that provides Congress with "policy and legal analysis" that is authoritative, objective and accurate. (
CRS website). The latest CRS report validates what FAIR has been saying for the past month and a half â€" that illegal aliens will be able to receive taxpayer-funded health benefits under the House health care bill. (See
FAIR's Legislative Updates,
July 20, 2009;
July 27, 2009 and
August 3, 2009).
The House bill creates an "exchange" and "all individuals," which would include illegal aliens, are eligible to participate in the exchange. Anyone who participates in the exchange, and does not otherwise have health insurance, can either enroll in the public option plan created by the House bill or enroll in a private insurance plan. Accordingly, the first loophole that provides illegal aliens with health insurance is the ability for illegal aliens to freely enroll in the taxpayer-subsidized public option. According to CRS, "H.R. 3200 does not contain any restrictions on non-citizens â€" whether legally or illegally present, or in the United States temporarily or permanently â€" from participating in the Exchange." (CRS Report). Accordingly, illegal aliens can enroll in the public option, courtesy of the American taxpayers, to meet their health insurance needs. (See
CNN.com, August 2009).
The second major loophole is the failure to require any meaningful verification procedure for taxpayer-subsidized insurance credits. Under the House bill, individuals who buy private insurance through the Exchange may receive an affordability credit to offset the cost of insurance. This credit is ostensibly limited to individuals lawfully present in the U.S., but CRS (like FAIR) notes the complete absence of any provision in the House bill that requires verification of eligibility for the affordability credits. Without such a mechanism, there is nothing in the bill that will prevent illegal aliens from receiving this taxpayer subsidy to buy private health insurance.
These conclusions by CRS should eliminate any remaining doubt about whether illegal aliens will receive health benefits under the bill. As a result of this report, President Obama can no longer characterize the concerns about the illegal alien health care loophole under the bill as "misinformation." (See
FAIR's Legislative Update, August 24, 2009 and
FAIR's Health Care Podcast, August 24, 2009). In addition, Members of Congress can no longer claim the bill prevents coverage for illegal aliens, and the media can no longer suggest this concern is a "myth." (See
FAIR's House bill summary and
Townhall.com, August 27, 2009).
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