Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children. CMS will not post on As stated earlier in this proposed rule, CMS, State Exchanges, and States would require individuals completing the application to submit supporting documentation to confirm their lawful presence if it is unable to be verified electronically. Accordingly, HHS proposes to amend our regulations at 42 CFR 600.5 and 45 CFR 152.2 and 155.20, and establish regulations at 42 CFR 435.4 and 457.320, so that DACA recipients would be considered lawfully present for purposes of eligibility for health insurance coverage through an Exchange, a BHP, and for eligibility under the CHIPRA 214 option in Medicaid and CHIP, just like other individuals granted deferred action. The term lawfully present is defined in the 2010 SHO and was based on the definition of lawfully present that is now codified at 8 CFR 1.3 with some revisions necessary for updating or clarifying purposes, or as otherwise determined appropriate for the Medicaid and CHIP programs consistent with the Act. Start Printed Page 25319 Deferred Action for Childhood Arrivals, https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf), we have prepared an accounting statement in Table 7 showing the classification of the impact associated with the provisions of this proposed rule. 1231, or for relief under the Convention Against Torture; and. Therefore, the Secretary has certified that this proposed rule will not have a significant impact on the operations of a substantial number of small rural hospitals. We have submitted a copy of this proposed rule to OMB for its review of the rule's information collection requirements. Greater economic contribution and productivity of DACA recipients and certain other noncitizens from improving their health outcomes. 12. 3501 if you are trying to comment, you must log in or set up a new account. These can be useful Problem Solvers Caucus Announces Principles to Resolve Impasse on DACA L. 111148). 38. For Medicaid, CHIP, and BHP, we assume at least one person from every State agency and territory would review for applicability; at least two additional people from the 35 States, the District of Columbia, and three territories that have elected the CHIPRA 214 option would review; and at least one person from the two States with BHPs would also review, for a total of 134 individuals for Medicaid, CHIP, and BHP. Since 2010, CMS has interpreted lawfully residing to mean individuals who are lawfully present in the United States and who are residents of the State in which they are applying under the State's Medicaid or CHIP residency rules. Under the Deferred Action for Childhood Arrivals (DACA) program, U.S. Tracking DACA Recipients' Access to Health Care. 43. DACA allows undocumented immigrants widely known as Dreamers, who were brought to the U.S. as children, to apply for deportation relief if they meet certain criteria. The severability of these provisions is discussed in detail in section III. Transfers are payments between persons or groups that do not affect the total resources available to society. Like her own three children, all are U.S.-born citizens she stands to be separated from if DACA is struck down.
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