CA First State to Offer ACA Coverage to Undocumented Immigrants

CA First State to Offer ACA Coverage to Undocumented Immigrants

The health care exchange for the state of California has requested a waiver from the federal government from Affordable Care Act (ACA) regulations that would allow immigrants with no legal status to buy insurance on the exchange. California passed a state law that enabled it to request the waiver. Obtaining this type of waiver would make California the first state to offer ACA coverage under the Covered California marketplace for up to 30% of the estimated two million immigrants residing in the state of California that have no other way to access healthcare. Nonetheless, even if the federal government granted a waiver, the California Qualified Health Plans offered to immigrants would not be subsidized. Both the U.S. Treasury and the U.S. Department of Health and Human Service must approve any waivers from the ACA regulations, which are no small barriers. While the ACA contains at least two provisions that limit coverage for immigrants lacking a legal status, California is claiming that it could still receive a so-called “innovation waiver.” These types of waivers permit states to modify provisions of the ACA as it applies to their states, so long as no federal dollars are used. Opponents to California’s proposal state that allowing immigrants to access health care under the ACA would defeat the premise on which Congress decided to pass the ACA. More specifically, the issue of whether immigrants with no legal status could access health care under the ACA was highly contentious. Obama’s assurances that the ACA would not provide healthcare to this group of immigrants may have convinced legislators – as well as the American people – to ultimately pass the law. At Landerholm Immigration, A.P.C., we care about you and your family, and want to help you exercise all of the rights that are available to you under state and federal law. We focus our law practice solely on deportation defense cases, which allows us to spend our time and energy standing up for the rights of those who are facing potential deportation. Our California deportation defense lawyers know how to gather the evidence necessary to bolster your case and we know all of the procedures by which the U.S. immigration system operates. Allow us to handle your deportation case by contacting us today to schedule your consultation.
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