WebEx Training
Immigrants & ACA Eligibility
Friday, February 14, 2014
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Agenda
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Eligibility
“Lawfully Present” and “Qualified Immigrant”
Verification Requirements
Categories of “Lawfully Present” and “Qualified
Immigrant”
• Non-Lawfully Present Persons
• AHCT Consumer Portal Immigrant Information
Screens
• Input of Immigrant Identification Numbers
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Eligibility
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Must have a “Lawfully Present” status
Eligibility for a Plan
– Medicaid – requires US citizenship or 5 years legal residency
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(5 year bar doesn’t apply to pregnant women, children and refugees)
– Medicare – same
– QHP - only required to be legally present for entire benefit year
Eligibility for APTC and Cost Sharing Reduction
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They must agree to file taxes in 2014
They must not be claimed by any other person
They must be legally present
They must remain here (US) and legally present for rest of/or entire benefit year
They must not be eligible for qual. employer plans or forms of government provided health
care/insurance
– APTC and CSR eligibility are tied
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Source: AHCT, C. Booker, 1/9/2014 presentation: Immigration, Taxes and Medicaid: How They Can Affect
Plan Choice and APTCs
Lawfully Present
Immigrants in a "Lawfully present" status are immigrants or
noncitizens who have been:
• inspected and admitted into the United States and not overstayed the
period for which they were admitted, or
• have current permission from the U.S. Citizenship and Immigrant Services
(CIS) to stay or live in the U.S.
“Qualified Immigrants” are:
• Non-US citizens who have permission to live and/or work in the US.
• Old standard. The new expanded eligibility almost exclusively looks at
legally present, not qualified immigrant. Legally present encompasses a
larger eligibility group.
Source: http://www.dshs.wa.gov/manuals/eaz/sections/CitizenshipAndAlienStatus/citizengenelig.shtml
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Verification Requirements
VERIFICATION REQUIREMENTS
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Only those in a family who are applying for benefits are required to provide a Social Security
number (SSN) and their immigration/citizenship status. However, those not legally present
cannot be counted as part of the tax household and will not be factored into FPL limits.
Citizenship or lawful presence must be verified for everyone enrolling in:
– Private health insurance in the state exchanges.
– Health insurance premium tax credits.
– Medicaid and CHIP.
Status will be electronically verified through:
– Social Security Administration (SSA) for citizens.
– U.S. Citizenship and Immigration Services (USCIS) for non–U.S. citizens via the Systematic
Alien Verification for Entitlements (SAVE) database.
– If unable to verify status electronically, enrollees have an opportunity to provide other
documents or to fix the records.
Social Security number of a non-applicant may be requested to electronically verify
household income. If unavailable, other proof of income can be provided.
Information about immigration status may be used only to determine an individual’s
eligibility for coverage and/or affordability programs.
Source: http://www.nilc.org/immigrantshcr.html
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So Who is Lawfully Present?
Qualifying Immigration Statuses
– Lawful Permanent Residents (LPR)
– Applicants for Adjustment to LPR Status with Approved Visa Petitions
– Persons Fleeing Persecution
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Refugees
Conditional Entrants
Asylees
Granted Withholding of Deportation or Withholding of Removal
Granted Withholding of Deportation/Removal under the Convention Against Torture (CAT)
Applicants for Asylum or Withholding of Deportation/Removal
– Humanitarian Immigrants
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Cuban and Haitian Entrants
Paroled into the U.S.
Temporary Protected Status
Deferred Enforced Departure
Special Immigrant Juveniles
– Survivors of Domestic Violence, Trafficking, and Other Serious Crimes
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Domestic Violence Survivors
Victims of Trafficking and Their Derivative Beneficiaries
U Visa Holders
– Persons with Valid Nonimmigrant Status
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Nonimmigrant Visa Holders (include tourists, students, and visitors on business, as well as individuals who are permitted to live
and work in the U.S. indefinitely.)
Citizens of Micronesia, the Marshall Islands, and Palau
– Longtime Residents
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Lawful Temporary Residents and Applicants for Legalization
Applicants for adjustment under The Legal Immigration and Family Equity (LIFE) Act who have been granted employment
authorization are “lawfully present.”
Family Unity
Order of Supervision
Registry Applicants
Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
• Lawful Permanent Residents (LPR)
– Permission to live and work permanently
– “Green Card”
– Can apply for naturalization after 5 years
• If married to a US citizen – can apply in 3 years
• If active duty military or a veteran – can apply 1 year
• Applicants for Adjustment to LPR Status with Approved Visa Petitions
– Individuals with approved visa petitions and have applied adjustment to
LPR status
– Relatives or employers have petitioned to immigrate them
• No waiting period for “immediate family” – spouse, parent, child
• Longer waiting period for an eligible non-citizen
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”, National Immigration Law
Center, September 2012, www.nilc.org
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Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
Persons Fleeing Persecution
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Refugees
Conditional Entrants
Asylees
Granted Withholding of Deportation or Withholding of Removal
Granted Withholding of Deportation/Removal under the
Convention Against Torture (CAT)
• Applicants for Asylum or Withholding of Deportation/Removal
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”, National
Immigration Law Center, September 2012, www.nilc.org
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Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
Humanitarian Immigrants
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Cuban and Haitian Entrants
Paroled into the U.S.
Temporary Protected Status
Deferred Enforced Departure
Special Immigrant Juveniles
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”,
National Immigration Law Center, September 2012, www.nilc.org
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Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
Survivors of Domestic Violence, Trafficking, and
Other Serious Crimes
• Domestic Violence Survivors
• Victims of Trafficking and Their Derivative Beneficiaries
• U Visa Holders
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”,
National Immigration Law Center, September 2012, www.nilc.org
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Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
Persons with Valid Nonimmigrant Status
• Nonimmigrant Visa Holders (include tourists, students, and visitors
on business, as well as individuals who are permitted to live and
work in the U.S. indefinitely.)
– Most non-immigrant visa holders will fail Medicaid eligibility due to lack of the
5 year legally present qualification. Medicaid gives preference to those with
more permanent or indefinite eligibility to remain
• Citizens of Micronesia, the Marshall Islands, and Palau
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”, National
Immigration Law Center, September 2012, www.nilc.org
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Categories of
“Lawfully Present” Immigrants and “Qualified Aliens”
Longtime Residents
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Lawful Temporary Residents and Applicants for Legalization under Immigration
Reform and Immigrant Control Act of 1986 (IRCA)
Applicants for adjustment under The Legal Immigration and Family Equity (LIFE)
Act who have been granted employment authorization are “lawfully present.”
Family Unity – spouses & children of non-citizens who legalized under IRCA
Applicants for Cancellation of Removal or Suspension of Deportation
Order of Supervision – individuals under final orders for removal, but cannot be
removed may be under an Order of Supervision
Registry Applicants – resided continuously in the US since 1/1/72
Source: “Lawfully Present” Individuals Eligible under the Affordable Care Act”, National Immigration Law
Center, September 2012, www.nilc.org
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Non-Lawfully Present Persons
No coverage access through AHCT (Medicaid, CHIP or QHP).
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Not allowed to purchase private health insurance at full cost in state insurance
exchange(s).
Not eligible for premium tax credits or lower copayments.
Exempt from individual mandate.
Not eligible for Medicare, nonemergency Medicaid, or CHIP.
Remain eligible for emergency care under federal law.
Eligible for Emergency Medicaid if low-income.
Citizen or lawfully present children of undocumented parents are eligible:
– To purchase from the state insurance exchange.
– For premium tax credits and lower copayments.
– For Medicaid or CHIP.
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May seek nonemergency health services at community health centers or safetynet hospitals.
Source: http://www.nilc.org/immigrantshcr.html
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AHCT Consumer Portal Immigrant
Information Screens
Naturalized
citizen
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
Eligible for
Immigration
Status
AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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AHCT Consumer Portal Immigrant
Information Screens
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Older Green Card Numbers
Workers are encountering the field errors on the screen below
when the Card Number is not acceptable. (Cards issued prior to
1989 are most likely to cause this error.)
Card/Receipt
Number
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Invalid Receipt/Card Number
Error Message – “The Receipt Number is 13 characters
long, with the he first 3 characters alpha and the
remaining 10 numeric characters.”
Older Green Card Numbers
WHAT DO IF THIS HAPPENS?
If you run into the error, verify these two things with the consumer:
• That you have entered A and zero before the Alien Number. If they provide you with
an A number with no leading zero, (or less than 10 digits) you may have to enter it for
the number to be accepted.
• If the consumer has an alien number but no card number or expiration date associated
with the card, then the consumer must enter in the Card Number field AAA and 10
zeros (AAA0000000000) to proceed with the application.
• An expiration date is not a required field on the citizenship page so if the green card
doesn’t have one, then the consumer does not have to enter one.
• If the card number rejects, verify when the card was issued. Cards older than 20 years
may not have the proper format of the Card Number, and it will reject.
• The federal system design did not create the availability to use an identification
number of another length. It is currently being redesigned by the Federal Government
to accept such numbers and allow processing, however, this is still in the works.
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Older Green Card Numbers
HOW DO I EXPLAIN IT TO THE CONSUMER?
Versions of Green Card That Are No Longer Valid:
• If you have a previous version of the alien registration card. (e.g., USCIS Form AR-3, Form AR-103
or Form I-151), you must replace it with a current green card. An example is provided below.
"Permanent residence (United
States)." Wikipedia: The Free
Encyclopedia. Wikimedia
Foundation, Inc. 8 October 2013.
Web. 08 Oct. 2013.
<http://en.wikipedia.org/wiki/Per
manent_residence_(United_States
)>
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Older Green Card Numbers
You can provide clients with the information below verbally.
Link: I-90, Application to Replace Permanent Resident Card
The I-90 is an online process that is simple.
There may be a cost for filing the I-90; $450 charge that includes the biometric fee. It’s
similar to a passport process.
We cannot advise them further about this matter.
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Older Green Card Numbers
HOW DO I GET THE SCREEN CORRECTED?
Use the following formats as provided in the examples below. Bolded numbers are unique for each individual.
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ANumber is: A0123456789 (second digit is zero) Reads as USCIS# 123-45-6789 on the front of the card.
Card Number format would be USA0123456789. (second digit is zero) This meets the 13 character
requirement specified in the error message.
If no card number or expiration date associated with the card, then the consumer must enter in the Card
Number field AAA and 10 zeros (AAA0000000000) to proceed with the application
An expiration date is not a required field on the citizenship page so if the green card doesn’t have one, then
the consumer does not have to enter one.
The following tool tips are available next to the fields for further details:
SC-EL 1.3.4.1-021 Alien Number
Individual Details
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A unique number issued to a noncitizen at the time his or her A-file is
created. The 9-digit U.S. Citizenship and Immigration Services number listed
on the front of Permanent Resident Cards (Form I-551, Green Cards) issued
after May 10, 2010 is the same as the Alien Registration Number. The Anumber can also be found on the back of these Permanent Resident Cards.
SC-EL 1.3.4.1-021 Card Number
Individual Details
An eligible document or card number, such as a Permanent Resident Card
(Form I-551, Green Card) or Employment Authorization Card (EAD).
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Questions?
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