Biden Administration Announces Expansion of Health Coverage to DACA Recipients
The Biden administration released a final rule to expand access to the Affordable Care Act’s (ACA) Insurance Market Exchanges to include Deferred Action for Childhood Arrivals (DACA) recipients. The final rule would amend the definition of “lawful presence,” for purposes of coverage under the ACA, to include DACA recipients. This amended definition would be applicable to eligibility for enrollment in a Qualified Health Plan through the Health Insurance Marketplace and a Basic Health Program (BHP). Moreover, those who are eligible for enrollment under the amended definition would also be eligible to receive financial assistance (e.g. premium subsidies and cost-sharing reductions).
For now, the administration is not finalizing a definition of “lawfully present” for Medicaid and the Children’s Health Insurance Program (CHIP) under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA 214 option).
However, the final rule does update the definition of “qualified noncitizen” for Medicaid and CHIP, which clarifies the categories of noncitizens that states must cover in these programs. In finalizing the definition, the rule implements existing statutory requirements and is intended to promote clarity and transparency that will support states’ implementation of eligibility policies, training and accurate eligibility determinations for noncitizens.
Though they will likely be unable to receive Medicaid or CHIP, DACA recipients and others who are eligible will be able to access health coverage through the health insurance marketplace.
The administration believes this rule could lead to 100,000 previously uninsured DACA recipients having access to health coverage through a Marketplace plan or a BHP.
The final rule goes into effect on Nov. 1, 2024. The administration has also released a fact sheet in conjunction with the final rule’s release.
