Is ACA considered Federal Means Tested Program?

[asianchick 0]

My mom is a new immigrant (arrived here 02/06/17).  She is 62.  Since she doesn't qualify to be included in our employer insurance nor does she qualify for Medicaid/Medicare , I didn't have a choice but to see if she is eligible to apply for the plans in ACA.  If she does get the ACA subsidy, does this make her a public charge, and thus violate the Affidavit of Support I signed?  

 

Thank you in advance for your assistance.

[f f 725]

senior healthcare is the hidden cost most people don't plan for when they bring thier parents over. make sure you look at the deductibles and prescription coverage when selecting a plan. and the window to enroll is only 30 or 60 days from when she arrived or else she has to wait for open enrollment.

 

good luck

[asianchick 0]

  On 3/16/2017 at 7:45 PM, Dee elle said:

Marketplace or your state ACA service will confirm, but my understanding is no, it is not a public charge... 

 

A. For purposes of determining inadmissibility, “public charge” means an individual whois likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.Sep 3, 2009

Public Charge | USCIS

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Thank you.

[asianchick 0]

  On 3/16/2017 at 8:12 PM, f f said:

senior healthcare is the hidden cost most people don't plan for when they bring thier parents over. make sure you look at the deductibles and prescription coverage when selecting a plan. and the window to enroll is only 30 or 60 days from when she arrived or else she has to wait for open enrollment.

 

good luck

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I was able to get her into the open enrollment, as I had thought of the insurance while we were still processing her GC.  I haven't selected a plan yet, but I have a few days to select the right one, I just wanted to make sure the subsidy will not qualify as public charge (and it become an issue later) before I go all in.

 

Thanks for your input.

[databit 328]

The ACA is for people who have income (the working poor), so they will look at your family's income from your latest taxes and paystubs. 

[USC1961 251]

  Quote

Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

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ACA (Affordable Care Act) in your case is a fancy term to describe subsidized health care plans.  So unless they determine that your mom will need long-term care you can't afford, you are good to go.