What is the New Healthcare Ban and how can it affect my immigration case?

Starting November 3rd, 2019, the new “Healthcare Ban” will affect incoming lawful immigrants.  This ban is similar to the travel ban in that the same Immigration Nationality Act section that upheld the travel ban also serves as the basis for the Healthcare Ban.

The President announced that the influx of incoming immigrants without access to private health insurance are a burden to America.  Since the US healthcare system is already in distress, we are banning immigrants without private insurance from entering the US.

Most importantly, any immigrant who cannot afford private insurance within 30 days of entry will not be issued a visa.  The lack of private healthcare can also impact an immigrant’s ability to obtain permanent residence.

What counts as “private health insurance”?

Private health insurance providers are non-subsidized private health plans that can be purchased through your employer (employer-subsidized) or from the insurance company directly (non-subsidized).  Immigrants who qualify for publicly subsidized health insurance plans do not qualify. Any health insurance bought with Covered California, for example, would not qualify since they’re taxpayer-subsidized.

Migration Policy reported 34 percent of lawful immigrants do not have health insurance while another 31 percent rely on publicly funded or subsidized health insurance, meaning the new Healthcare Ban can severely reduce lawful immigration.

Note: Under the Public Charge regulation, Medicare recipients could be denied immigration benefits.

How much medical coverage does the insurance have to cover?

The announcement states the health insurance policy should cover to a reasonable degree, which we can only assume means it depends on your health condition.  We can safely guess this from the Public Charge guidelines, but we won’t know until further guidance is released.

How soon do I have to have health insurance coverage?

Incoming lawful immigrants would have to be able to obtain private health insurance within 30 days of entrance. Not only that, but they would have to be able to prove that they can afford to purchase health insurance within the next 30 days.

Migration Policy estimates the new Healthcare Ban will reduce legal immigration by two-thirds.

Who is excluded from the Healthcare Ban?

Lawful permanent residents, refugees, asylum seekers, and children will not be impacted by the Healthcare Ban.

What if I’m staying short-term and I don’t want to purchase health insurance?

The announcement states that if you can prove that you can afford reasonable future healthcare costs, then you do not necessarily need to purchase health insurance.  What this may mean on a case-by-case situation we do not know.

 

If you are concerned about how the Healthcare Ban may affect your loved ones, including spouses, parents, and adult children of U.S. citizens, contact Lum Law Group today!