Significant Updates on Medicaid Unwinding and Public Charge

Dear John,  

We’re focusing this week on public charge and Medicaid unwinding. In this week's newsletter:

  • CMS Orders State Medicaid Directors to Cease and Reform Medicaid Unwinding Practices 

  • PIF Interviewed on Medicaid Unwinding
  • Department of State Final Public Charge Rule
 

Policy Update: CMS Orders State Medicaid Directors to Cease and Reform Medicaid Unwinding Practices

Last week, the Centers for Medicare and Medicaid Services (CMS) issued a letter to State Medicaid Directors that requires Medicaid agencies to address a concern that a number of states are conducting ex parte renewals improperly. Ex parte refers to a process by which the government renews benefits using data that's already available. Federal regulations require state agencies to attempt ex parte renewals for Medicaid coverage and check existing data sources before requiring people to submit paperwork.

The letter gives states a deadline of September 13 to evaluate their practices and submit a written mitigation plan to CMS. CMS threatened states with the loss of enhanced Medicaid funds if they do not comply with federal regulations.

The failures CMS identified in states’ ex parte processes have a direct impact on immigrants and their family members.  First, some states are disenrolling entire families when one individual fails the ex parte review. For example, if a U.S. citizen child’s eligibility can be redetermined ex parte, but their immigrant parent is no longer eligible, the state would disenroll the whole household. Or, if a state needs additional documentation from one member of a household, and language barriers prevent that person from providing it, the whole household would be disenrolled.

PIF is heartened to see this letter from CMS and will be developing a plan in partnership with our Medicaid Unwinding Task Force and Steering Committee. We will work to draw attention to the unique barriers immigrant communities face and the steps CMS and state agencies can take to mitigate barriers to enrollment. The Coalition’s Medicaid Unwinding Task Force meets next week. It is open to PIF members. If you would like to join this conversation, please sign up here (it’s quick and free!) and then email Sonya Schwartz at [email protected]) for meeting details. We hope to see you there.

 

Read the Letter

 

PIF in the News: PIF Interviewed on Medicaid Unwinding

With the latest data on the Medicaid unwinding we are seeing a coverage drop nationwide, especially among people of color. Immigrant families face additional barriers, but accurate information can help families protect their care. PIF’s Director Adriana Cadena joined Univision in Texas last week to discuss what Spanish-speaking families need to know. Please watch and share. If you’d like Adriana to give an interview in your state, please reach out to Ed Walz ([email protected]) to help get us connected to your local news outlets.

 

Watch the Video

 

Regulations: The Department of State’s Final Public Charge Rule

We have good news. On Tuesday, September 5, the U.S. Department of State (DOS) published a Final Public Charge Rule. This regulation will bring DOS closer to alignment with DHS, whose public charge rule was finalized in December 2022. The rule applies to visa applications made in U.S. consular offices and embassies abroad and also applies to people who are required to leave the U.S. to seek status through consular processing. DOS followed recommendations in our sign-on comment from January 2022, which means that DOS will:

  • Not finalize the (Trump administration’s) 2019 interim final rule.
  • Revert to the regulatory text that was in place prior to the publication of the (Trump Administration’s) 2019 IFR. Under this pre-2019 policy, DOS will rely on the affidavit of support to overcome public charge concerns. If an individual does not have a valid affidavit; fails to include a joint sponsor when needed; or cannot provide confirmation of written employment or post a bond; then they might be inadmissible on public charge grounds. This policy was easy for immigration lawyers to explain to their clients, and helped overcome the chilling effect and confusion that had been caused by the lack of clarity after the 1996 legislation.
  • Continue to apply the guidance in the existing Foreign Affairs Manual.

Read the Rule

 

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