National Immigration Law Center
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Our mission is to defend & advance the rights & opportunities of low-income immigrants and their family members.

ACA: Fact Sheets & Advocacy Materials

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Immigrants and the Affordable Care Act (ACA)

How the new law — the Patient Protection and Affordable Care Act — affects naturalized citizens, immigrants authorized to be in the U.S., and undocumented people. Also: verification requirements under the new law.


FREQUENTLY ASKED QUESTIONS

The Affordable Care Act & Mixed–Immigration Status Families

Answers to frequently asked questions about mixed–immigration status families’ access to ACA programs. This 7-page FAQ explains, for example, who is eligible for coverage in the health insurance marketplaces created by the ACA, and who in a mixed-status family is an “applicant” and who a “nonapplicant.” And it lists six “Key points to remember about mixed-status families.”

See also the PowerPoint presentations for these webinars:


“Lawfully Present” Individuals Eligible under the Affordable Care Act

Under the Affordable Care Act of 2010, individuals who are “lawfully present” in the United States will be eligible for new affordable coverage options after January 1, 2014. These options include access to "Pre-Existing Condition Insurance Plans" (PCIPs), to state or federally-run insurance exchanges, and to premium tax credits to help make health insurance more affordable. In their final rules on eligibility to enroll in the exchanges and to apply for premium tax credits, the U.S. Depts. of Health and Human Services and of the Treasury adopted the definition of "lawfully present" adopted by HHS for purposes of the PCIPs. The immigration categories described in this issue brief are considered “lawfully present” for ACA eligibility purposes.


Covered California Factsheets on the ACA and Confidentiality Concerns (PDF)

National - English National - Spanish  |  California - English  |  California - Spanish

In partnership with NILC and other California and national organizations, Covered California has developed materials to assure immigrant and mixed-status families that it is safe to apply for health care through the federal and state-based health-care marketplaces.


INCONSISTENCIES & DATA-MATCHING PROBLEMS (ENGLISH | ESPAÑOL)

Resolving Citizenship or Immigration Status Inconsistencies or Data-Matching Problems for People Who Use the Federally Facilitated Marketplace (PDF)

This issue brief answers these questions: ♦ What is meant by “inconsistencies”? ♦ What is the Federally Facilitated Marketplace doing to clear up inconsistencies? ♦ What happens if the Department of Health and Human Services can’t resolve an inconsistency? ♦ If a person receives a letter or call saying that proof is needed to verify his or her eligibility, what should the person do? ♦ What if the consumer already uploaded and mailed in copies of documents? ♦ Is there anything else the consumer can do? (This issue brief is also available in Spanish.)

  • See also: Letter from advocates to U.S. Dept. of Health and Human Services Sec. Burwell about barriers to immigrants being able to get health insurance coverage under the Affordable Care Act (7/31/14). The letter discusses the following barriers: people stuck in the inconsistency or data-matching process, incorrect eligibility determinations for immigrants under 100% of the federal poverty level, identity verification, immigration status verification, and language access


CREDIT HISTORY–RELATED ISSUES

The Use (and Overuse) of Credit History:
Credit-based ID Verification Creates Barriers to ACA Access
(PDF)

Issue brief that explains how: ♦ Credit reports are used for a range of purposes beyond accessing credit. ♦ Having no credit history can lead to a loss of wealth-building opportunities. ♦ Vulnerable populations are negatively affected by no or limited credit histories. ♦ Credit history impacts access to coverage through the Affordable Care Act. ♦ Credit-based ID verification creates barriers for many immigrant families. ♦ Overreliance on credit history is putting vulnerable families at further risk.


FREQUENTLY ASKED QUESTIONS (DACA)

Exclusion of People Granted “Deferred Action for Childhood Arrivals” from Affordable Health Care

What are the health care restrictions released by the Obama administration on August 28, 2012? When do the restrictions go into effect? BEFORE August 30, 2012, what did DACA-eligible individuals have access to in terms of health care? AFTER August 30, 2012, what do DACA-eligible individuals have access to in terms of health insurance? Do the DACA health care restrictions affect all individuals granted deferred action? What are the key policy concerns about the health care restrictions? And more.


NILC Comments on ACA Implementation Regulations

National Immigration Law Center comments on implementation regulations from the Centers for Medicare and Medicaid Services (CMS) and the Internal Revenue Service (IRS).

 More Resources (non-NILC)

More resources that deal with implementation of the Affordable Care Act, from organizations other than NILC as well as from U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Health and Human Services, are available from our More ACA Resources webpage.