What does the requirement of being
“Lawfully Present” 45 CFR 152.2 mean?
One must be Lawfully present in the USA to get tax credits in Covered CA.
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How to find receipt # on green card
If you want coverage without subsidies, you can purchase direct from an Insurance Company, with the only requirement being that you reside in CA, even if you don’t have legal status.
There is no charge for our help, when you appoint us as your agent by using the enrollment links in this website or using “find local help” in the upper right hand portion of the Covered CA Online Application.
Renewal Tool Kit for 2016
If you do NOT qualify, you can try an International Policy Under the Health Reform Law, you must be lawfully present to get coverage outside of Covered CA too. page 25 Specimen Evidence of Coverage or excerpt below from agents manual.
- Covered California Fact Sheet and Talking Points
- HealthCare.Gov: Health Coverage for Immigrants
- National Immigration Law Center: Top 5 Things to Know About Public Charge
- Community Health Council Fact Sheet
- Public Charge Resource Sheet
- Proposed Changes Public Charge Determination Quick Guide
- Final Rule Inadmissibility on Public Charge Grounds 8 CFR Parts 103, 212, 213, 214, 245 and 248
- Ways to get around this rule or mitigate it?
The complete list of “qualified” immigrants includes those listed at
and Trafficking Victims as a result of) the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106–386, § 107 (Oct. 28, 2000) and the
Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108–193, § 4(a)(2) (Dec. 19, 2003).
See also “Table: A Quick Guide to Immigrant Eligibility for Affordable Care Act (ACA) and Key Federal Means-tested Programs,” National Immigration Law Center, September 2015, available at: https://www.nilc.org/document.html?id=844.
Exemption from Obama Care Mandate Penalty?
What you need to know – Covered CA 1 page pdf
nilc.org/lawfullypresent/ National Immigration Law Center
Western Poverty Law Center – Guide for Low Income CA to get coverage
Technical and Research Resources
Publication 1031 CA Residency Guidelines
Covered CA Webinar on verification of residency Proposed Regulations 5.2013 Covered CA Q & A Residency Medi-Cal Handbook
FAQ’s Kaiser Foundation kff.org/immigrants
New Obama Immigration may allow those to get Medi-Cal californiahealthline.org/2014/11/21
4 page – Immigration Status and Covered Ca hbex.coveredca.com
For purposes of this part the following definitions apply:
Creditable coverage means coverage of an individual as defined in section 2701(c)(1) of the Public Health Service Act as of March 23, 2010 and 45 CFR 146.113(a)(1).
Enrollee means an individual receiving coverage from a PCIP established under this section.
Lawfully present means
(1) A qualified alien as defined in section 431 of the Personal Responsibility and Work Opportunity Act (PRWORA) ( 8 U.S.C. 1641);
(2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;
(3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) ( 8 U.S.C. 1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings;
(4) An alien who belongs to one of the following classes:
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA ( 8 U.S.C. 1254a), and pending applicants for TPS who have been granted employment authorization;
(iii) Aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24);
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status;
(vii) Aliens whose visa petitions have been approved and who have a pending application for adjustment of status;
(5) A pending applicant for asylum under section 208(a) of the INA ( 8 U.S.C. 1158) or for withholding of removal under section 241(b)(3) of the INA ( 8 U.S.C. 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under the Convention Against Torture; or
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA ( 8 U.S.C. 1101(a)(27)(J)).
(8)Exception. An individual with deferred action under the Department of Homeland Security’s deferred action for childhood arrivals process, as described in the Secretary of Homeland Security’s June 15, 2012, memorandum, shall not be considered to be lawfully present with respect to any of the above categories in paragraphs (1) through (7) of this definition.
Out-of-pocket costs means the sum of the annual deductible and the other annual out-of-pocket expenses, other than for premiums, required to be paid under the program.
Pre-Existing condition exclusion has the meaning given such term in 45 CFR 144.103.
Pre-Existing Condition Insurance Plan (PCIP) means the temporary high risk health insurance pool plan (sometimes referred to as a “qualified high risk pool”) that provides coverage in a State, or combination of States, in accordance with the requirements of section 1101 of the Affordable Care Act and this part. The term “PCIP program” is generally used to describe the national program the Secretary is charged with carrying out, under which States or non-profit entities operate individual PCIPs.
Resident means an individual who has been legally domiciled in a State.
State refers each of the 50 States and the District of Columbia.
(A)resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and
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