BREAKING NEWS UPDATE 12/17/24 1:00 P.M.
On December 16, 2024, the United States Court of Appeals for the Eighth Circuit (No. 24-3521) issued a temporary administrative stay of the preliminary injunction issued in Kansas v. United States of America (Case No. 1:24-cv-00150) (D.N.D. Dec. 9, 2024).
As a result of this administrative stay, Deferred Action for Childhood Arrivals (DACA) recipients who meet the other eligibility criteria are permitted to enroll in a qualified health plan (QHP) through the Health Insurance Marketplace® in all states, including the 19 states that are involved in the lawsuit.
This is a preliminary court decision and final decisions could affect a consumer’s eligibility for coverage.
With ongoing court activity to continue, Agility recommends that agents proceed cautiously with any DACA clients until a final court decision is rendered.
Agility will continue to provide updates on court proceedings on this case in this blog – please stay tuned for more updates in this space.
Original Blog Below:
CMS informed Agility on a court decision from December 9, 2024.
The United States District Court for the District of North Dakota issued a preliminary injunction in Kansas v. United States of America (Case No. 1:24-cv-00150).
The Marketplace is continuing to review the court’s decision and its impact on consumers who already selected a qualified health plan in the 16 states with Marketplaces that use HealthCare.gov.
However, pursuant to this court order, DACA recipients and other impacted noncitizens who reside in the following 19 states should not attest to having eligible immigration status on applications for Marketplace coverage in:
Alabama
Arkansas
Florida
Idaho
Indiana
Iowa
Kansas
Kentucky
Missouri
Montana
Nebraska
New Hampshire
North Dakota
Ohio
South Carolina
South Dakota
Tennessee
Texas
Virginia
This is a preliminary court decision and final decisions could affect impacted consumers’ eligibility for coverage. Check for updates before January 15 when Marketplace Open Enrollment ends. To learn more, visit: HealthCare.gov/court-decisions/
Agility hopes you find this information helpful for your business – if you have any questions about Agility, contact Agility now at 1-(866) 590-9771 or email [email protected] for answers.
