DHS finalizes rule excluding Medicaid, CHIP from public charge determinations

Sep 08, 2022 - 04:40 PM

The Department of Homeland Security today released a final rule excluding noncash benefits, such as the Children’s Health Insurance Program and most Medicaid benefits, when making a public charge inadmissibility determination for noncitizens requesting admission to the United States or permanent residency. AHA voiced support for the proposed rule in April, saying its clarifications would address confusion and uncertainty for legal immigrants and their families wrought by earlier policies. 
 
DHS last year removed the prior Administration’s public charge rule from the Code of Federal Regulations, dismissing appeals to the Supreme Court and circuit courts that sought to overturn district court decisions enjoining enforcement of the rule. AHA supported several legal challenges to the prior rule, which it said would deter legal immigrants and their families from seeking health care to which they are entitled.

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