New Healthcare Requirements for US Immigrants

[HRQX 4,145]

57 minutes ago, Richard Bedwell said:

I have read that their are at least 3 lawsuits challenging this requirement

The injunctions only affect the DHS public charge rule: https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

59 minutes ago, Richard Bedwell said:

this new rule most likely won't take effect until sometime next year, 2020. 

The interim DOS public charge rule is in effect but not yet implemented: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html DOS proposed a Public Charge Questionnaire (DS-5540): https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

1 hour ago, Richard Bedwell said:

The new affective date is November 3, 2019.

Yup; that is the presidential proclamation (which is separate from the interim DOS rule mentioned above): https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

[Richard Bedwell 1]

27 minutes ago, HRQX said:

The injunctions only affect the DHS public charge rule: https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

The interim DOS public charge rule is in effect but not yet implemented: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html DOS proposed a Public Charge Questionnaire (DS-5540): https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

Yup; that is the presidential proclamation (which is separate from the interim DOS rule mentioned above): https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

I believe the presidential proclamation requirement is buried in and part of the Federal Register Public charge document. Federal Register Page 57413 - lst column toward the bottom talks about form DS 5540 not yet available. When it is available let will let everyone know.  I called the US Embassy in Manila to inquire about the insurance requirement. One person didn't have a clue what I was talking about. A second person put me on hold while they checked with someone higher up and then I was told: If they ask, just tell them the immigrant will have insurance within 30 days of arrival. But I don't think the Embassy in Manila got the memo as no one seems to even know about this requirement. 

[Richard Bedwell 1]

52 minutes ago, Boiler said:

There is nothing for an Insurance Company to co operate with, you can get pricing on line.

I haven't been able to find any, they all ask for a phone number and email address, then when they contact me, they don't have a clue about this new requirement. They just say they can't quote a price until the person is in the US. 

[Richard Bedwell 1]

5 hours ago, Classicrock said:

Hello everyone, I am worried about this new policy. Does anyone know what kind of insurance we should get or the ones accepted by Trump administration? We waited years and years and I don't want to mess this up. Thanks guys. 😊 

There is a lot of confusion, I don't think the government even knows at this point. I know people who applied 22 years ago and are still waiting. They moved the goal post and changed the rules of the game, not fair. 

[Boiler 45,767]

Certainly in Colorado not only can I get prices through the Exchange web site but by putting in some additional information I can get an indication of total costs including deductibles etc.

 

Surprised CA does not have that.

[Richard Bedwell 1]

3 minutes ago, Boiler said:

Certainly in Colorado not only can I get prices through the Exchange web site but by putting in some additional information I can get an indication of total costs including deductibles etc.

 

Surprised CA does not have that.

I thought the policy could not be government subsidized. Has to be totally private policy, not thru Obama care or state exchanges, etc. 

[Boiler 45,767]

Just now, Richard Bedwell said:

I thought the policy could not be government subsidized. Has to be totally private policy, not thru Obama care or state exchanges, etc. 

Not subsidised, there is no restriction on using the Exchange.

[HRQX 4,145]

26 minutes ago, Richard Bedwell said:

I believe the presidential proclamation requirement is buried in and part of the Federal Register Public charge document. Federal Register Page 57413 - lst column toward the bottom talks about form DS 5540 not yet available.

For the presidential proclamation, it'll be verbally asked. This was recently proposed: https://www.federalregister.gov/documents/2019/10/30/2019-23639/notice-of-information-collection-under-omb-emergency-review-immigrant-health-insurance-coverage

Edited October 30, 2019 by HRQX

[Richard Bedwell 1]

6 minutes ago, HRQX said:

For the presidential proclamation, it'll be verbally asked. This was proposed today: https://www.federalregister.gov/documents/2019/10/30/2019-23639/notice-of-information-collection-under-omb-emergency-review-immigrant-health-insurance-coverage

Wow, they are allowing for comments for one entire day. But this emergency review has not be approved yet. Can you let me know when and if it is approved?

Here is one interesting part which helps:

related to the insurance plan as the consular officer deems necessary. PP 9945 does not suspend or limit the entry of applicants if they do not have coverage, but possess financial resources to pay for reasonably foreseeable medical expenses. Reasonably foreseeable medical expenses are those expenses related to existing medical conditions, relating to health issues existing at the time of visa adjudication.

As the person I'm sponsoring is only 19 years old and has zero medical conditions, (they just had the required medical exam) I assume by the above wording, they have NO foreseeable medical expenses. 

[Bill Hamze 89]

43 minutes ago, Richard Bedwell said:

I thought the policy could not be government subsidized. Has to be totally private policy, not thru Obama care or state exchanges, etc. 

 

From what I understand, the immigrant can use the exchanges, they just can’t use a subsidized plan. 

 

But, and a big but, when I was browsing the healthcare.gov exchange, all I could see were subsidized plans. 

 

Is it even possible to buy unsubsidized plans off the exchange?

[yuna628 9,689]

2 minutes ago, Bill Hamze said:

 

From what I understand, the immigrant can use the exchanges, they just can’t use a subsidized plan. 

 

But, and a big but, when I was browsing the healthcare.gov exchange, all I could see were subsidized plans. 

 

Is it even possible to buy unsubsidized plans off the exchange?

It certainly is possible to have unsubsidized plans. The income is going to be a big factor here. Most people are going to have income too high to even get the tax credits. https://www.healthcare.gov/apply-and-enroll/income-too-high-for-tax-credit/ As I've always pretty much said, the plans on the exchange are literally almost the same plans you can buy from the insurance company directly. You can of course cost compare, but savings in the form of the subsidy happens in few cases.

Edited October 30, 2019 by yuna628

[Boiler 45,767]

Not everybody who goes through the Exchange is eligible for a subsidised plan and that has nothing to do with this.

[geowrian 22,337]

No way to prove somebody is going to do anything, or even try to do anything. That would involve either a time machine or being in their head and having one's mind made up already.

They want evidence that coverage is available, can be afforded, and that one intends to actually get covered within 30 days. Details on that are lacking, which is a problem, but it will likely never be a clear (do "x") as no 2 people's circumstances are the same.

Edited October 30, 2019 by geowrian

[artcodex 28]

Watch this space officially being challenged in Oregon federal court!

 

 

[90DayFinancier 910]

8 hours ago, Boiler said:

There has always been a Public Charge requirement.

This is true.