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Dreamers on the Path to Health Coverage: HHS Proposes Rule Change for DACA Recipients
by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.
Introduction:
The U.S. Department of Health and Human Services (HHS) has recently proposed a rule change that would redefine "lawfully present" to include undocumented immigrants who were brought to the U.S. illegally as children. This change would allow these individuals, also known as "Dreamers," to access health insurance through Medicaid and the Affordable Care Act (ACA) exchanges.
Proposed Rule Change Details:
The proposed rule, scheduled for publication in the Federal Register on April 26, 2023, would amend the definition of "lawfully present" to include DACA recipients. This change would make Dreamers eligible for government health programs, aligning them with other groups granted deferred action. The public comment period on this rule is open until June 23, 2023, and HHS aims to finalize and implement the rule by November 1, 2023, in time for the ACA exchanges' open enrollment.
Background on DACA and Health Coverage:
The Deferred Action for Childhood Arrivals (DACA) program, established during the Obama administration, has protected Dreamers from deportation and allowed them to work. However, these individuals have not been eligible for Medicaid or ACA insurance exchanges due to a 2012 amendment by the Centers for Medicare and Medicaid Services, which excluded DACA beneficiaries from the definition of "lawfully present." The proposed rule seeks to rectify this discrepancy.
Implications of the Proposed Rule Change:
If the rule change is finalized, DACA recipients will become eligible for financial assistance through the ACA health insurance marketplaces and the Basic Health Program, which serves low-income individuals unable to purchase a plan through the marketplaces. However, they would still need to meet other eligibility requirements to obtain coverage. The proposed rule would also replace the term "alien" with "noncitizen" in the definition of "lawfully present."
Significance of Health Coverage for Dreamers:
According to a 2021 survey, 34% of DACA recipients did not have health insurance, while 47% reported a delay in medical treatment due to their immigration status. Additionally, 67% said they or a family member faced medical bills they were unable to pay. By including DACA recipients in the definition of "lawfully present," the proposed rule aims to align with the goals of the ACA, reducing the number of uninsured people in the United States and making affordable health insurance available to more individuals.
Conclusion:
The proposed rule change by the Department of Health and Human Services could significantly impact the lives of DACA recipients, providing them with access to affordable health insurance through Medicaid and ACA exchanges. As HHS Secretary Xavier Becerra stated, "DACA recipients, like all Dreamers, are Americans, plain and simple. The United States is their home, and they should enjoy the same access to health care as their fellow Americans."
About The Author
David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family members or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com
Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York
Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.
Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.
