The U.S. Department of Health and Human Services, under the Biden-Harris Administration, has finalized a rule aimed at increasing access to health care for Deferred Action for Childhood Arrivals (DACA) recipients. The rule allows DACA recipients to enroll in a Qualified Health Plan (QHP) through the Affordable Care Act (ACA) Health Insurance Marketplace, or for coverage through a Basic Health Program (BHP). According to the Centers for Medicare & Medicaid Services (CMS), this change is expected to result in around 100,000 previously uninsured DACA recipients gaining health coverage through Marketplaces or a BHP.

HHS Secretary Xavier Becerra expressed the administration's commitment to ensuring health coverage for DACA recipients, stating, “More than one third of DACA recipients currently do not have health insurance, so making them eligible to enroll in coverage will improve their health and wellbeing, and help the overall economy.”

CMS Administrator Chiquita Brooks-LaSure emphasized the administration's belief that health care is a right for all Americans, including DACA recipients, saying, “Today’s rule reduces barriers for DACA recipients to obtain health care coverage and is a vital step toward making certain that it is available and accessible to all Americans.”

The rule also enables DACA recipients to qualify for advance payments of the premium tax credit and cost-sharing reductions to make Marketplace coverage more affordable. Additionally, a special enrollment period will be available for DACA recipients and other newly eligible individuals to select a health plan through the Marketplace starting from November 1, 2024.

Furthermore, CMS made technical modifications to the definition of “lawfully present” to streamline eligibility determinations for coverage through a Marketplace or a BHP. The agency is dedicated to providing education and technical assistance to ensure a smooth implementation of the rule for all interested parties involved in assisting immigrant and other communities with health coverage enrollment.

All provisions of the final rule will come into effect on November 1, 2024. For further information on the final rule, a fact sheet can be accessed at https://www.cms.gov/newsroom/fact-sheets/hhs-final-rule-clarifying-eligibility-deferred-action-childhood-arrivals-daca-recipients-and-certain.