S. 5619

Restoring Essential Plan Coverage Act

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II

119th CONGRESS

2d Session

S. 5619

IN THE SENATE OF THE UNITED STATES

September 30, 2026

Mr. Schumer (for himself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To restore the allowance of the premium tax credit for lawfully present individuals, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Essential Plan Coverage Act.

2.

Restoration of allowance of premium tax credit for lawfully present individuals

(a)

In general

Section 71301 of Public Law 119–21 is repealed, and each provision of law amended by such section is amended to read as such provision would read if such section had never been enacted.

(b)

Effective date

Each amendment made by this section shall take effect as if included in the provision of Public Law 119–21 to which such amendment relates.

3.

Restoration of allowance of premium tax credit during periods of Medicaid ineligibility due to alien status

(a)

In general

Section 36B(c)(1) of the Internal Revenue Code of 1986, as amended by section 71302 of Public Law 119–21, is amended by inserting after subparagraph (A) the following new subparagraph:

(B)

Special rule for certain individuals lawfully present in the United States

If—

(i)

a taxpayer has a household income which is not greater than 100 percent of an amount equal to the poverty line for a family of the size involved, and

(ii)

the taxpayer is an alien lawfully present in the United States, but is not eligible for the Medicaid program under title XIX of the Social Security Act by reason of such alien status,

the taxpayer shall, for purposes of the credit under this section, be treated as an applicable taxpayer with a household income which is equal to 100 percent of the poverty line for a family of the size involved.

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2025.

4.

State option to increase maximum household income for basic health program eligibility

(a)

In general

Section 1331(e)(1)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051(e)(1)(B)) is amended by striking 200 percent and inserting a percentage to be determined by the State that is not less than 200 percent and not more than 250 percent.

(b)

Effective date

The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2027.