health insurance question

[Boiler 45,956]

You can buy through the exchange with your NOA1.

[Ebunoluwa 6,136]

You can buy through the exchange with your NOA1.

Just saw that here https://www.healthcare.gov/help/immigration-document-types/, all the previous times I lurked on that site I thought I read

I needed an EAD, maybe they changed it. So what about the November exemption of 2014 when he didn't have the NOA1 yet but we received

the $95 penalty statement anyway ? Just for not being insured for those 2 months, being ineligible because we didn't file for AOS until

May 2015.

[Boiler 45,956]

K1 entrant is as far as I know not required to have Insurance, obviously many people who are liable to US taxes are not required to have cover, depends probably on what you told them was his status.

[newacct 688]

K1 entrant is as far as I know not required to have Insurance

Why not? They are in legal status and will file as resident alien for tax purposes.

[Boiler 45,956]

K1 is a non immigrant visa, so in this respect like a B.

[newacct 688]

K1 is a non immigrant visa, so in this respect like a B.

Same thing applies to B. If they are resident alien for tax purposes, and don't qualify for any other exemptions, then if they don't have insurance they are subject to the penalty.

Edited October 13, 2015 by newacct

[Ebunoluwa 6,136]

There has to be an exemption form of some kind, you can't penalize someone for what they aren't eligible for.

I will call Market Place soon to find out and /or the IRS.

[newacct 688]

There has to be an exemption form of some kind, you can't penalize someone for what they aren't eligible for.

I will call Market Place soon to find out and /or the IRS.

First, there are no exemptions that apply. You can read the laws and regulations for yourself.

In 26 CFR 1.5000A-1 are the regulations on minimum essential coverage. Section (b)(2) exempts people 1) during periods when they qualify for the Foreign Earned Income Exclusion (26 USC 911), using either the physical presence test or the bona-fide resident test, or 2) are a bona-fide resident of a US possession. Neither these are applicable here.

In 26 CFR 1.5000A-3 are the regulations on exemptions. "© Exempt noncitizens" includes nonresident aliens for tax purposes, and people who are "not lawfully present (within the meaning of 45 CFR 155.20)".

45 CFR 155.20 defines "Lawfully present has the meaning given the term in § 152.2."

45 CFR 152.2 defines a bunch of categories of people as "lawfully present", including "(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;" (which covers people on K nonimmigrant status), and "(4)(vii) Aliens whose visa petitions have been approved and who have a pending application for adjustment of status;" (which in my reading should cover people who have pending Adjustment of Status based on K-1 petition). So this exemption is also not applicable here.

Second, I disagree that they are not eligible for it. Nothing on the healthcare.gov website says that they are not eligible. To the contrary, this page says that "Individual with Non-immigrant Status", as well as applicants for "Adjustment to LPR Status", qualify.

In 45 CFR 155.305 are the eligibility standards for enrollment in exchanges. It says

"(a) Eligibility for enrollment in a QHP through the Exchange. The Exchange must determine an applicant eligible for enrollment in a QHP through the Exchange if he or she meets the following requirements:

(1) Citizenship, status as a national, or lawful presence. Is a citizen or national of the United States, or is a non-citizen who is lawfully present in the United States, and is reasonably expected to be a citizen, national, or a non-citizen who is lawfully present for the entire period for which enrollment is sought;"

("lawfully present" is, for this section, defined in 45 CFR 155.20, which as we have already seen above, will say that during K status and adjustment of status, the person is lawfully present) So people during K status and adjustment of status should be eligible as far as immigration status is concerned.

[AB loves AG 54]

Why not? They are in legal status and will file as resident alien for tax purposes.

No, they can choose to file as resident alien for tax purposes if they want. But they don't have to. There are tax consequences to filing each way.

[newacct 688]

No, they can choose to file as resident alien for tax purposes if they want. But they don't have to. There are tax consequences to filing each way.

If they meet the Subtantial Presence Test, they are resident alien for tax purposes. It's not their choice.

[madtownguy 164]

Ummmmm be careful with a statement like that. Small is relative,

look here.

https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/

That is very small compared to the cost of insurance. If my company did not provide it I would definitely not purchase the inflated worthless insurance that exists. It's better to let the system collapse on itself and start over than struggle to keep it going.

[2ndMessiah 184]

That is very small compared to the cost of insurance. If my company did not provide it I would definitely not purchase the inflated worthless insurance that exists. It's better to let the system collapse on itself and start over than struggle to keep it going.

The point I obviously did not make clear is that for some, almost free health cover through subsidy (worthless or other wise in your opinion) is better than an annual increasing penalty because of some ideological principle.

The idea of "letting the system collapse", shows a huge disregard for those invested with health insurance for the first time. I am aghast by a lack of empathy and a "I'm alright Jack", "Let them eat cake" attitude.

In saying that the ACA is not perfect. Yes, we can and should do better for our citizens and LPR's.

But until ideology and profit is set aside, I doubt much will be done for we the people.

[Boiler 45,956]

OCare is fundamentally flawed and will collapse, just a question of when.

[2ndMessiah 184]

OCare is fundamentally flawed and will collapse, just a question of when.

If that is the case and not just wishful thinking then some practical alternatives should be presented instead, before its demise.

[Boiler 45,956]

I agree, but very unlikely to happen.