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Are individuals granted deferred action under “Deferred Action for Childhood Arrivals” eligible for Medicaid, CHIP, and the Health Insurance Marketplaces?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Some undocumented youth have been given temporary permission to stay in the United States under a program called Deferred Action for Childhood Arrivals. These individuals are lawfully present in the United States and can be granted work authorization and Social Security numbers. However, they are not eligible for Medicaid, CHIP, or the Marketplaces.

Who is a lawfully present immigrant for health insurance purposes?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Lawfully present immigrants generally include:

  • lawful permanent residents (or “green card holders”);
  • persons fleeing persecution, including refugees and asylees;
  • other humanitarian immigrants, including those granted temporary protected status;
  • Cuban/Haitian entrants; and
  • survivors of domestic violence, trafficking, and other serious crimes.

Are immigrants required to have health insurance coverage under the Affordable Care Act’s individual mandate?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Most immigrants who are residents lawfully present in the U.S., including “green card holders,” are subject to the ACA’s individual mandate.

However, for 2018, people who lack coverage during the year can claim an exemption from the tax penalty directly on their tax return if they experienced circumstances that prevented them from obtaining coverage.  No documentation of the hardship is required to be submitted with the tax return, though taxpayers should retain all documentation for their files.

Starting in 2019, there will be no tax penalty for failing to have health insurance coverage.

Immigrants who are not lawfully present in the U.S. will not pay a tax penalty if they do not have health insurance.

Will getting health insurance through Medicaid, CHIP, or Health Insurance Marketplaces affect an individual’s ability to obtain lawful permanent resident status or citizenship?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Currently, getting health insurance through Medicaid, CHIP, or the Marketplaces generally will not prevent an individual from obtaining lawful permanent resident status (get a green card) or citizenship.  One exception would be if an individual is receiving long-term care in an institution that is financed by Medicaid.

The rules may change for people seeking a green card in the future, but those changes are not yet final.  If you are living in the U.S. and applying for a green card here, you can still get health insurance through Medicaid, CHIP, or a Health Insurance Marketplace without affecting your application.  Get help deciding what is best for your family and consult with an immigration attorney if you can.  You can use this online directory to search for local nonprofit organizations that provide legal help and advice:  http://www.immigrationlawhelp.org

How will an individual’s citizenship and immigration status be checked?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Only those individuals in a family who are applying for health insurance are required to provide citizenship and immigration status. Applicants also must provide a Social Security Number if they have one.  Information provided by applicants will not be used for immigration enforcement.

Citizenship and immigration status for those applying for health insurance will be checked electronically with several systems, including the Social Security Administration, the Department of Homeland Security, and SAVE (Systematic Alien Verification for Entitlements).

If an individual’s status cannot be checked through an electronic match, the individual can give other documentation of his or her status.

Can family members in families with mixed immigration status, where some family members are citizens or lawfully present and others are undocumented, enroll in Medicaid or CHIP or receive help buying coverage through the Marketplaces?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Citizen and lawfully present family members can get health insurance coverage through Medicaid, CHIP, and Marketplaces even if other family members are not lawfully present. Family members who are not lawfully present, including undocumented immigrants, may apply for health insurance for citizen and lawfully present family members. For example, an undocumented immigrant parent may apply for health insurance for a citizen child.

When a family with mixed immigration status applies for health insurance, it only has to give citizenship and immigration status for those family members applying for coverage. Non-applicants, such as a parent applying for a child, do not have to provide citizenship or immigration status. Non-applicants will be asked to provide a Social Security Number, but do not have to provide one unless the family is applying for help with costs for Marketplace coverage and the individual is the tax-filer for the household, and the individual has a SSN.  Information provided by applicants will not be used for immigration enforcement purposes.

Can immigrants get help paying premiums and/or cost-sharing for health insurance in the Marketplaces?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Lawfully present immigrants can get tax credits to help pay premiums and cost-sharing for health insurance through the Marketplaces. Like citizens, they can get tax credits to help pay premiums if they make between 100% and 400% of the federal poverty level. They can also qualify for cost sharing reductions if they make between 100% and 250% of the federal poverty level.  To get this help, they cannot be offered affordable health insurance through their job or be eligible for Medicaid.

Lawfully-present immigrants who make less than 100% of the federal poverty level  also can get help paying premiums and cost sharing if they cannot enroll in Medicaid due to immigration status. Many lawfully-present immigrants cannot enroll in Medicaid until they have been in the United States for five or more years.

Undocumented immigrants cannot receive help paying for premiums or cost sharing for Marketplace coverage and may not buy health insurance through the Marketplaces even at full cost.

Can immigrants enroll in Medicaid or Children’s Health Insurance Program (CHIP) coverage?

Written by Hummingbird Insurance on . Posted in Frequently Asked Questions.

Most lawfully present immigrants who meet Medicaid and CHIP program requirements, such as income and state residency, can enroll in Medicaid or CHIP after they have been in the United States for 5 years or more.

Some groups of lawfully present immigrants do not have to wait five years before they may enroll in Medicaid and CHIP. These include refugees, asylees, and other humanitarian immigrants; veterans and military families; and pregnant women and children in some states.

Some lawfully present immigrants who are authorized to work in the United States cannot enroll in Medicaid, even if they have been in the country for five or more years.

Undocumented immigrants may not enroll in Medicaid or CHIP coverage.