0938-AV23 202404 Unified Agenda of Federal Regulatory and Deregulatory Actions 0938 Centers for Medicare & Medicaid Services CMS 0900 Department of Health and Human Services HHS Clarifying Eligibility of DACA Recipients and Certain Other Noncitizens for a QHP through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a BHP (CMS-9894)

This final rule makes several clarifications and updates to the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan (QHP) through an Exchange; a Basic Health Program (BHP), in States that elect to operate a BHP; and for some State Medicaid and Children’s Health Insurance Programs (CHIP). This rule modifies the definition of lawfully present to include Deferred Action for Childhood Arrivals (DACA) recipients, and makes additional technical modifications to the definition.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Long-Term Actions Yes No 45 CFR 152 45 CFR 155 42 CFR 435 42 CFR 457 42 CFR 600 Pub. L. 111-148, secs. 1101 and 1331 42 U.S.C. 1302 42 U.S.C. 18021 to 18024 42 U.S.C. 18031 to 18033 42 U.S.C. 18041 and 18042 42 U.S.C. 18051 42 U.S.C. 18054 42 U.S.C. 18071 42 U.S.C. 18081 to 18083 No NPRM 04/26/2023 88 FR 25313 NPRM Comment Period End 06/23/2023 Final Action 05/08/2024 89 FR 39392 Final Action Effective 11/01/2024 Next Action Undetermined To Be Determined No Federal State No No No Jeff Wu Deputy Director for Policy 0938 Centers for Medicare & Medicaid Services CMS 301 492-4305 jeff.wu@cms.hhs.gov Center for Consumer Information and Insurance Oversight, MS: 733H.02, 7500 Security Boulevard, Baltimore MD 21244