KFF May 15, 2024
On May 3, 2024, the Biden Administration published new regulations that will extend eligibility for Marketplace coverage to Deferred Action for Childhood Arrivals (DACA) recipients. Under these regulations, the definition of lawfully present will newly include DACA recipients for the purposes of eligibility to purchase coverage through the Affordable Care Act (ACA) Marketplaces and to receive tax credits to help pay for premiums, or to enroll in Basic Health Program (BHP) coverage in states with those programs. The regulations will become effective November 1, 2024, facilitating enrollment during the 2025 Open Enrollment Period. The rule did not finalize a corresponding proposed change to the definition of lawfully present for Medicaid and the Children’s Health Insurance Program (CHIP), citing significant administrative...