CMS April 24, 2023
Today, the Centers for Medicare & Medicaid Services (CMS) is publishing a notice of proposed rulemaking (NPRM) that proposes to modify the definition of “lawfully present” applicable to eligibility for enrollment in a qualified health plan (QHP) through a Marketplace, a Basic Health Program (BHP), and some Medicaid and Children’s Health Insurance Programs (CHIPs) to no longer exclude Deferred Action for Childhood Arrivals (DACA) recipients from that definition. If this proposed change is finalized, DACA recipients would be eligible for advance payments of the premium tax credit (APTCs) and cost-sharing reductions (CSRs) if they meet all other eligibility requirements. In addition, CMS is proposing some additional technical modifications to the definitions of “lawfully present.”
These changes support the goals of...
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