New Healthcare Requirements for US Immigrants

[Crazy Cat 41,985]

28 minutes ago, sbarbie1914 said:

It is open enrollment for my state provided health insurance now.  From what I read in their provided materials is that I can add a foreign spouse to my insurance as long as I provide a valid marriage certificate, and also for my step children with birth certificates showing my husband as the biological father.  So, I was in the process of filling out the necessary information online and it asked for a SS# or Tax ID number.  I was planning on getting the Tax ID number when I file joint income taxes around February or so.  I called the benefits provider to find out if I could give them the Tax ID number at a later time.  The young woman put me on hold several times to apparently ask a supervisor.  They ended up telling me that I would have to wait until next open enrollment, meaning my husband and children will not have health insurance until 2021.  The way it looks now, with this new law going into effect, I may have to have some kind of temporary health coverage until then.  Either that or my workplace benefits catch up with the new law going into effect and allow immigrant family members to be added outside of the open enrollment period.  Bummer

 

There is no law requiring a SSN for health care.........You might have to go up the chain of command, but they should add you if you qualify.....

[Bill Hamze 89]

2 hours ago, sbarbie1914 said:

It is open enrollment for my state provided health insurance now.  From what I read in their provided materials is that I can add a foreign spouse to my insurance as long as I provide a valid marriage certificate, and also for my step children with birth certificates showing my husband as the biological father.  So, I was in the process of filling out the necessary information online and it asked for a SS# or Tax ID number.  I was planning on getting the Tax ID number when I file joint income taxes around February or so.  I called the benefits provider to find out if I could give them the Tax ID number at a later time.  The young woman put me on hold several times to apparently ask a supervisor.  They ended up telling me that I would have to wait until next open enrollment, meaning my husband and children will not have health insurance until 2021.  The way it looks now, with this new law going into effect, I may have to have some kind of temporary health coverage until then.  Either that or my workplace benefits catch up with the new law going into effect and allow immigrant family members to be added outside of the open enrollment period.  Bummer

 

This is EXACTLY what I mean, and that's been bothering me about this whole thing. Technically, you should be able to add your husband and children without a SSN, but your insurance is NOT playing ball.  

 

What your insurance company is doing is shirking their special enrollment obligations, and that is in DIRECT CONFLICT with Trump's proclamation!!!

 

I sincerely hope that the authorities or lawyers or the courts actually take action on this.

 

 

Edited October 15, 2019 by Bill Hamze

[erinandahmet 9]

29 minutes ago, Bill Hamze said:

This is EXACTLY what I mean, and that's been bothering me about this whole thing. Technically, you should be able to add your husband and children without a SSN, but your insurance is NOT playing ball.  

 

What your insurance company is doing is shirking their special enrollment obligations, and that is in DIRECT CONFLICT with Trump's proclamation!!!

 

I sincerely hope that the authorities or lawyers or the courts actually take action on this.

 

 

Was it an Executive Order?

I see this as problematic in multiple ways, which are 1) does the insurance really have to do it? And even if they do, he just ordered this so maybe it takes 6 months or so for them to get on the ball. Plus, insurance never wants to pay as we know. Then 2) I don't think this is about health care actually, I honestly believe this is just another way to cut down legal immigration, especially for poorer people. They have made many, many changes and have clearly stated that they want to change to a merit-based system, which is where people will be ranked based on a bunch of factors. It would change the type of person who is able to immigrate to the US and put family reunification on the back burner. You can see this by the new definition of public charge. Now officers will have a lot more discretion to deny people. What is also annoying is that these changes apply specifically to families trying to do it the so-called "right" way, whereas there are a bunch of other categories that these changes won't impact. 

I think the AILA will definitely sue but the people in process now or coming up soon will be stuck in the middle with unclear guidelines either way. 

[yuna628 9,689]

4 minutes ago, erinandahmet said:

Was it an Executive Order?

I see this as problematic in multiple ways, which are 1) does the insurance really have to do it? And even if they do, he just ordered this so maybe it takes 6 months or so for them to get on the ball. Plus, insurance never wants to pay as we know. Then 2) I don't think this is about health care actually, I honestly believe this is just another way to cut down legal immigration, especially for poorer people. They have made many, many changes and have clearly stated that they want to change to a merit-based system, which is where people will be ranked based on a bunch of factors. It would change the type of person who is able to immigrate to the US and put family reunification on the back burner. You can see this by the new definition of public charge. Now officers will have a lot more discretion to deny people. What is also annoying is that these changes apply specifically to families trying to do it the so-called "right" way, whereas there are a bunch of other categories that these changes won't impact. 

I think the AILA will definitely sue but the people in process now or coming up soon will be stuck in the middle with unclear guidelines either way. 

Does the insurance really have to do what? Add a spouse without an SSN? Yes they do. It's the law. And that pre-dates Trump significantly. I even remember browsing over the training materials given to advisers for those signing people up on the exchanges teaching them the SSN was not needed, and furthermore there was regulation that potentially allowed someone a SQLE if their insurance wrongfully denied coverage because of ignorance.

 

As much as I do not care for the new regulations and the headaches it creates, an insurance company employee being ignorant and unwilling has nothing to do with the current administration. That's been going on for ages. Trump's proclamation (not executive order.. there's a difference) does not change that.

[Bill Hamze 89]

19 minutes ago, yuna628 said:

Does the insurance really have to do what? Add a spouse without an SSN? Yes they do. It's the law. And that pre-dates Trump significantly. I even remember browsing over the training materials given to advisers for those signing people up on the exchanges teaching them the SSN was not needed, and furthermore there was regulation that potentially allowed someone a SQLE if their insurance wrongfully denied coverage because of ignorance.

 

As much as I do not care for the new regulations and the headaches it creates, an insurance company employee being ignorant and unwilling has nothing to do with the current administration. That's been going on for ages. Trump's proclamation (not executive order.. there's a difference) does not change that.

So if what you're saying is true (I'm not familiar with what the law actually says, and I would love to learn)... then in sbarbie1914's case, the insurance company IS indeed breaking the law. 

 

[geowrian 22,337]

Just now, Bill Hamze said:

So if what you're saying is true (I'm not familiar with what the law actually says, and I would love to learn)... then in sbarbie1914's case, the insurance company IS indeed breaking the law. 

 

Correct. Likely because they (the reps involved) don’t know any better.

[crbabelgium 13]

55 minutes ago, Bill Hamze said:

So if what you're saying is true (I'm not familiar with what the law actually says, and I would love to learn)... then in sbarbie1914's case, the insurance company IS indeed breaking the law. 

 

Yes it is quite possible to add spouse to your health insurance w/out SSN.  I did exactly that many years ago while doing AOS for them.  You can also get them TIN while the AOS case is pending to file taxes jointly.

[yuna628 9,689]

47 minutes ago, Bill Hamze said:

So if what you're saying is true (I'm not familiar with what the law actually says, and I would love to learn)... then in sbarbie1914's case, the insurance company IS indeed breaking the law. 

 

Right. Breaking the law by ignorance. I can't say whether it is intentional ignorance, but it's been going on for years. It's kind of the same ignorance one can encounter when trying to get an SSN as a K1 at the actual SSA office, or going to the DMV and being told you can't get a license when the law says otherwise. Unfortunately, some people really are dumb, and they don't realize or care the damage that ignorance can cause.

 

Your SSN is your SSN. A number that is unique and personal to you and should be guarded carefully. No one has the real right to know or request it but the IRS itself. In terms of the SSN and health insurance, when the individual mandate was in place along with the tax penalty, insurers were required to report to the IRS coverage of the individual on the 1099B for the purposes of determining if the person was absolved of the penalty, but this reporting was of little consequence as I'll explain in a minute... The Supreme Court knocked the teeth out of the individual mandate, even if the penalty remained in place, the IRS had no ability to enforce it. An insurance company had to report the 1099B, but that did not mean an SSN had to be on it. The IRS allowed them to use other methods of reporting, such as a name and a birth date for verification. Still, insurance companies had to make ''good faith'' attempts at ''outreach'' to clients to 'convince' them to provide it, or at least ask. In other words, a load of hooey. The insurer is not required to demand or harass, or prevent signup because of it. The IRS states you don't have to provide it if you don't want to, if you don't have it, and not providing it is not an excuse for an insurer to deny coverage. The only entity who can request it from the individual directly, is the IRS. The administration did away with the penalty, and that makes the 1099B issue rather moot. I have viewed numerous insurer's 'talking points' on this subject, and they know the rules quite clearly. They must sign the individual up, and if the SSN is still not provided they are 'obligated' to make a written request ''please won't you give us it?" and if you don't have it, you may disregard such a request. So long as the insurer makes a 'good faith' attempt at asking but not demanding, they don't get in trouble either.

 

This was very much like when I signed my husband up for our coverage. BCBS was good, they never asked us for SSNs. Eventually they did send the letter along many months later, but they never prohibited sign-up. ACA law is quite clear on what an insurer can and cannot do.

 

Here for instance is such talking points from Cigna. https://www.cigna.com/assets/docs/about-cigna/informed-on-reform/talking-points-outreach.pdf

From UHC https://www.uhc.com/content/dam/uhcdotcom/en/HealthReform/PDF/Provisions/ReformReporting6055_ASO_SSN_solicitation.pdf

And there are many others, most are very similar. The same was for the exchanges and any provider.

[crbabelgium 13]

Anyone know how to get parents of USC coverage who are doing AOS while already in U.S legally on B2?

[Zubaria12 36]

So i have state insurance how i am supposed to add him ?? 

[Boiler 45,794]

27 minutes ago, Zubaria12 said:

So i have state insurance how i am supposed to add him ?? 

What do you mean by State insurance?

[Zubaria12 36]

1 hour ago, Boiler said:

What do you mean by State insurance?

Insurance through the state

[yuna628 9,689]

2 hours ago, Zubaria12 said:

So i have state insurance how i am supposed to add him ?? 

Can you be more specific?

 

Do you have Medicaid?

Do you have insurance through a job working for the state of NJ?

Do you have insurance via the NJ health exchange?

[Zubaria12 36]

1 hour ago, yuna628 said:

Can you be more specific?

 

Do you have Medicaid?

Do you have insurance through a job working for the state of NJ?

Do you have insurance via the NJ health exchange?

I have medicaid 

[SalishSea 17,988]

16 minutes ago, Zubaria12 said:

I have medicaid 

He will not be eligible.