Base
Rule2024-096612024-05-08

Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program

Health and Human Services Department, Centers for Medicare & Medicaid Services,

Abstract

This final rule makes several clarifications and updates the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan (QHP) through an Exchange; a Basic Health Program (BHP), in States that elect to operate a BHP; and for Medicaid and Children's Health Insurance Programs (CHIPs). Specifically, Deferred Action for Childhood Arrivals (DACA) recipients and certain other noncitizens will be included in the definitions of "lawfully present" that are used to determine eligibility to enroll in a QHP through an Exchange, for Advance Payments of the Premium Tax Credit (APTC) and Cost-Sharing Reductions (CSRs), or for a BHP.

Action & Dates

Action
Final rule.
Dates
These regulations are effective on November 1, 2024.
Effective Date
2024-11-01

CFR References

Topics

Administrative practice and procedureAdvertisingAgedAid to Families with Dependent ChildrenBrokersCitizenship and naturalizationCivil rightsConflicts of interestsConsumer protectionGrant programs-healthGrants administrationHealth careHealth insuranceHealth maintenance organizations (HMO)Health recordsHospitalsIndiansIndividuals with disabilitiesIntergovernmental relationsLoan programs-healthMedicaidOrganization and functions (Government agencies)PenaltiesPublic assistance programsReporting and recordkeeping requirementsSex discriminationState and local governmentsSupplemental Security Income (SSI)TaxesTechnical assistanceWagesWomenYouth

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Health and Human Services Centers for Medicare & Medicaid Services Office of the Secretary 42 CFR Parts 435, 457, and 600 45 CFR Parts 152 and 155 [CMS-9894-F] RIN 0938-AV23 AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). ACTION: Final rule. SUMMARY: This final rule makes several clarifications and updates the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan (QHP) through an Exchange; a Basic Health Program (BHP), in States that elect to operate a BHP; and for Medicaid and Children's Health Insurance Programs (CHIPs). Specifically, Deferred Action for Childhood Arrivals (DACA) recipients and certain other noncitizens will be included in the definitions of “lawfully present” that are used to determine eligibility to enroll in a QHP through an Exchange, for Advance Payments of the Premium Tax Credit (APTC) and Cost-Sharing Reductions (CSRs), or for a BHP. DATES: These regulations are effective on November 1, 2024. FOR FURTHER INFORMATION CONTACT: Morgan Gruenewald, (301) 492-5141, Danielle Ojeda, (301) 492-4418, or Anna Lorsbach, (301) 492-4424, for matters related to Exchanges. Sarah Lichtman Spector, (410) 786-3031, or Annie Hollis, (410) 786-7095, for matters related to Medicaid, CHIP, and BHP. SUPPLEMENTARY INFORMATION: I. Background The Patient Protection and Affordable Care Act (ACA)  [ 1 ] generally  [ 2 ] requi

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Full Document

Citation: 89 FR 39392