State updates as of October 21, 2022.

State updates as of October 14, 2022.

On April 5, 2022, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations to address the so-called “family glitch” under the premium tax credit (PTC). The family glitch prevents certain dependents of employees from qualifying for PTC, and by extension for advance payments of PTC and cost-sharing reductions, through the Affordable Care Act’s Marketplaces. Addressing the family glitch is an important step towards making affordable health insurance universally available. While fixing it has long been a key priority of state health officials and other stakeholders, the change will also create new work for states with little time to prepare for its rollout. This expert perspective reviews the proposed regulations and discusses the potential implications for states.

State updates as of October 7, 2022.

State updates as of September 30, 2022.

State updates as of September 23, 2022.

Manatt Health

On September 8, the Department of Homeland Security (DHS) issued a final rule on the “Public Charge Ground of Inadmissibility,” regarding DHS’ authority to refuse a noncitizen’s application for admission or application for visa adjustment (including receipt of a green card) on grounds that they are “likely at any time to become a public charge.” This expert perspective provides an overview of the final rule.

Kinda Serafi and Melinda Dutton, Manatt Health

This expert perspective provides an overview of the eligibility and enrollment proposed rule released by CMS on August 31 and details how the proposed rule seeks to strengthen existing eligibility, enrollment, and renewal operational processes in an effort to close gaps in coverage and extend best practices identified by CMS and states in the course of preparing for unwinding the federal public health emergency (PHE). Comments on the proposed rule are due no later than November 7, 2022.

State updates as of September 16, 2022.

The same U.S. federal district judge that declared the Affordable Care Act (ACA) unconstitutional in Texas v. California has issued a ruling in a lawsuit, Braidwood Management Inc. v. Becerra (formerly known as Kelley v. Becerra), that strikes down a requirement that health plans cover and waive cost-sharing for many critical preventive services. Although the U.S. Department of Justice is likely to appeal the ruling, some legal experts believe the Braidwood Management plaintiffs may prevail in the higher courts, too. If the ACA’s preventive services provision is gutted, only Congress can fully restore it. This expert perspective examines the potential implications of the ruling for the ACA and the opportunities available to states to mitigate the impact on consumers.