By: Michelle Yiu, Sarah Grusin, and Mara Youdelman
Executive Summary
NHeLP submitted comments generally in support of the HHS proposed rule “Clarifying Eligibility for a Qualified Health Plan Through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, a Basic Health Program, and for Some Medicaid and Children’s Health Insurance Programs.” The proposed rule seeks to no longer exclude Deferred Action for Childhood Arrivals (DACA) recipients from the definition of “lawfully present” applicable to eligibility for enrollment in CMS health insurance affordability programs. The proposed rule also includes important technical changes to the definition of “lawfully present” that simplify and streamline health coverage eligibility determinations and verification processes for other noncitizens. With that said, NHeLP urges HHS to develop robust outreach and enrollment strategies for DACA recipients and other noncitizens once the proposed changes are finalized, including messaging that directly addresses persisting fears related to public charge.