CMS proposed rule would expand healthcare coverage to DACA recipients

Photo: SDI Productions

President Biden is proposing to expand Affordable Care Act and Medicaid health coverage for Deferred Action for Childhood Arrivals (DACA) recipients.

The Centers for Medicare and Medicaid Services submitted a proposed rule that would expand access to coverage for DACA recipients, according to Health and Human Services Secretary Xavier Becerra. The proposed rule amends the definition of "lawful presence," for purposes of Medicaid and ACA coverage, to include DACA recipients.
 
"Today, the Centers for Medicare and Medicaid Services submitted a proposed rule that expands access to health coverage by removing a barrier to healthcare faced by DACA recipients, known as Dreamers," Becerra said. "If finalized, the rule would allow DACA recipients to enroll in Medicaid, the Children's Health Insurance Programs (CHIP), and the Affordable Care Act's Health Insurance Marketplaces.
 
"Dreamers come from every corner of this planet, but the United States is their home," Becerra said. "They are students, teachers, social workers, doctors, nurses, and more importantly, they are Americans. But, of the nearly 580,000 Dreamers who arrived in this country as children and currently have DACA protections, an estimated 34% do not have health insurance coverage. Today's rule would change that."

Biden said he expects the proposed rule to be done by the end of the month.

"If finalized, the rule will make DACA recipients eligible for these programs for the first time," The White House said.
 
WHY THIS MATTERS 

Getting more people covered means better access to healthcare as hospitals have become more focused on health equity. It also means patients are less likely to visit the ER when their conditions worsen and providers will have less uncompensated care .

Dr. Bruce Siegel, president and CEO of America's Essential Hospitals, said, "President Joe Biden's decision today to expand Medicaid and Affordable Care Act coverage to Deferred Action for Childhood Arrivals recipients marks an important step toward ensuring this marginalized group has access to vital healthcare services. We applaud the administration's progress toward greater equity in health and healthcare, including for immigrants and other underrepresented populations."

THE LARGER TREND

In 2012, President Obama and then Vice President Biden announced the Deferred Action for Childhood Arrivals (DACA) program to allow young people to live and work in the United States. 

Legal challenges from GOP-led states have blocked the administration's attempts to provide Dreamers a pathway to citizenship.

A current lawsuit is working its way through district court in Texas, according to ABCNews. 

The DACA program was ruled unlawful in 2021. A federal appeals court upheld the decision but allowed protections for current recipients to remain in place. Recipients are still allowed to apply to renew their status every two years through DACA, but new applicants have been barred for nearly two years, the report said.

Twitter: @SusanJMorse
Email the writer: SMorse@himss.org

Glen Tullman will offer more detail in the HIMSS23 session "Views from the Top: Existential Crisis or Inflection Point Opportunity? An Industry Maverick's Perspective." It is scheduled for Tuesday, April 18, at 3 p.m. – 4 p.m. CT at the South Building, Level 1, room S100 B.