For months, the Administration has delayed revoking coverage under the Affordable Care Act (Obamacare) to aliens who cannot establish their lawful presence. (Washington Times, Sept. 22, 2014) While the original deadline to sign up for coverage for the year was March 31, 2014, for the past six months, the Administration has allowed all of the nearly one million applicants who initially provided immigration information “inconsistent” with the government’s records to keep their coverage until the end of September, giving them until September 5, and then until September 30, to submit documentation verifying their legal status. (Id.; Washington Examiner, Sept. 15, 2014; State Column, Sept. 16, 2014) According to the latest information the government has released, as of Sept. 5, 115,000 had not submitted documents and were set to lose coverage today. (Id.)
During the debate leading up to Obamacare’s passage, the President promised that illegal aliens would be ineligible for subsidized coverage, but in practice, the law’s faulty enrollment process does not live up to this promise because it does not require aliens to present their immigration documents up front. (See Remarks by President Obama to Congress, Sept. 9, 2009; FAIR Legislative Update, Apr. 16, 2014) Rather than requiring enrollees to present documents at enrollment to prove their eligibility before receiving subsidized health insurance under the federal exchanges, the Centers for Medicare and Medicaid Services (CMS) instead allows individuals to sign up by simply attesting to their eligibility and describing their immigration documents. (See GAO Report, July 23, 2014; see also FAIR Legislative Update, Apr. 16, 2014) CMS then attempts to verify the information provided, such as a Social Security or green card number, with the information the government has on file. (Id.; see also CMS Press Release, Aug. 12, 2014) If there is what CMS calls an “inconsistency” or an “immigration data-matching issue,” meaning the enrollee may be in the country illegally, CMS will reach out to the enrollee to ask for the documentation, but in the meantime, the enrollee continues to receive the coverage. (Id.)
By the end of the 2014 open enrollment period, which was originally March 31, but which the Administration extended until April and even beyond in some circumstances, nearly one million applications on the federal exchanges had such “immigration data-matching issues,” leading to a six month long process where CMS attempted to allow as many of these enrollees as possible to keep their coverage. (Id.; see Washington Post, Mar. 25, 2014) In a press release last August, CMS admitted that by May, 970,000 people with citizenship or immigration data-matching errors had enrolled. (CMS Press Release , Aug. 12, 2014). (Id.) CMS also stated that by August, it had been able to “close” 450,000 cases by contacting enrollees by mail, email, and phone. (Id.) However, it did not explain what happened to the “closed” cases: whether most or all of these enrollees had indeed been able to prove they were legally in the country, and if so, how CMS was able to finally verify their documentation. (Id.) Nor did the Administration provide statistics on how so many inconsistencies arose in the first place. (Id.) The press release also established the September 5 deadline for the 310,000 enrollees who had not responded, and explained that it had sent a letter to all informing them that their coverage would end if they did not meet the deadline. (Id.; see also USA Today, Aug. 13, 2015; Idaho Statesman, Aug. 13, 2014; Bangor Daily News, Aug. 13, 2014; al.com; Aug. 13, 2014; Chicago Sun-Times, Aug. 13, 2014; Charlotte Observer, Aug. 13, 2014; San Antonio Express News, Aug. 12, 2014; azcentral.com, Aug. 13, 2014; Salt Lake Tribune, Aug. 14, 2014;Columbus Dispatch, Aug. 14, 2014; nj.com, Aug. 14, 2014)
However, once Sept. 5 arrived, CMS again extended the deadline until September 30 for the 115,000 enrollees who failed to meet it. (State Column, Sept. 16, 2014) It also created a new, 60 day enrollment window for those who do lose coverage to regain their coverage, meaning that even the September 30 deadline is not exactly a hard deadline. (Kaiser Health News, Sept. 6, 2014)
Furthermore, it is not just the federal exchange that is dealing with immigration related discrepancies, but the state run exchanges as well. For instance, Covered California, the California health care exchange, sent out notices on September 5 to 98,000 families who bought coverage telling them that it could not verify their legal status, and that they had until September 30 to send documents. (Kaiser Health News, Sept. 29, 2014) However, because as of September 29, 50,000 had still not done so, Covered California says it also will accept documents after the deadline. (Id.)
On September 22, true immigration reformer Sen. David Vitter (R-LA) sent a letter to the Administrator of CMS, Marilyn Tavenner, demanding answers. (Sen. Vitter Press Release, Sept. 22, 2014) “The Obama Administration,” the Senator explained, “has been granting deadline extensions, making excuses, and turning a blind eye to falsified documents by illegal immigrants. Enough is enough, and they need to provide answers to why they think illegal immigrants should be eligible for Obamacare.” (Id.) Senator Vitter then demanded CMS provide information including: how many individuals with immigration related inconsistencies have been found to be illegal aliens, how CMS is verifying the information they receive, and how is the Administration planning to get back funds that the government has already paid out to illegal aliens. (Id.) It is “critical,” Vitter concluded, that the Administration “dramatically improves the verification process” before Obamacare’s second open enrollment period. (Id.)
When the second open enrollment period begins, which is fast approaching on November 15, Americans will be able to sign up for health insurance on the exchanges for the 2015 year, but there is no sign the Administration has fixed these issues. (See Washington Post, Nov. 22, 2013) It seems possible that some of those who never did resolve their immigration discrepancies can simply sign up for the next plan year in a few weeks.
This article was originally published in FAIR’s Legislative Update on September 30, 2014.
12 Comments
The article states many facts which are 2nd or even 3rd hand references. Here’s a firsthand witness to this issue: I live in SF, and I can personally attest to the fact that there have been countless ads at bus stops and billboards in various neighborhoods across the city that have been in both Spanish and also Chinese – no English whatsoever – informing people about Covered California (California’s ACA).
If someone is living in SF or any other city in the US and does not speak any English, they are either a tourist or illegal. These ads are directly targeted towards illegals so they may enroll in the ACA. I personally went into one of these offices and told them I know a friend who is undocumented (you can’t say ‘illegal’ here…) and asked if this friend could be covered under the ACA. I was asked what language my friend speaks and also told directly to have my friend call the office. Now, if illegals are not covered under the ACA, don’t you think they would have merely told me this?
FAIR could use more ‘in the trenches’-type employees to better illustrate with actual real-world experiences just how serious the entire issue of illegal immigration is. I think FAIR is too inside the Beltway. It’s one thing to sit at your desk and read about illegal immigration stats and reports; it’s quite another to actually live the issue – personally via actual experiences and on a day-to-day basis.
Hey, Obama does not want to remove anyone that signed up from the roles. He needed sign ups whether the tax payers are pay for them or the signees are actually paying for it. That is the number I want, the number that are actually paying for that trash . . .
After november elections barry will toss them under the bus until then they will just be antother tool in his box of lies and decit!!!
“If you like your doctor, you can keep your doctor”
“No illegals will be able to sign up or receive taxpayer subsidies”.
“War is Peace”.
Welcome to the 2014 Year That Reminds Me of George Orwell’s “1984”
Good is bad and bad is good….
Enemy is friend and friend is enemy…
Newspeak to put lipstick on the pig….
Cameras, taps and drones watch our every move because immigration overpopulation destroyed our security we once had….
DO you have proof…illegals got it?…have you personally seen it ? NO………………r u really a real American?…NO
I would say as many illegals as they can provide it to without detection is how many are receiving it now and I will only continue until they all have it. It has gotten to the point in this country that whatever the Obama administration says is not happening is exactly what is happening and when they claim it is happening, it is not, never will be and is not even being considered. The lies and the narcissism go on and on and on!!!! The only cure is eradication of all who are even remotely involved.
The key word is Eradication…
To all taxpayers and citizens:
This is a farce and all orchestrated to tear down this country by the Socialists who will spend our money illegally until we are dead broke and cannot borrow another nickel from China. As with ebola, it will overpower our resources and leave the working taxpayers with the bills. Russ.
I’ll Bet Dollars to Doughnuts
There will be another judicial delay against improper applications from IAs and by the time the 2nd and 3rd occur after that, they’ll just sweep it under the rug.
OK so how many illegals have received it?
John: Illegals are getting just in Arizona 2.4 Billion that the tax payers have to pay in K-12 education,$ 1.4 Million welfare $ 80 MillionEnglish $280 Million Health $ 321 million Justice $340 million,Cousel $ 150 milionWelfare
My dad was Chancellor of the Mexican Consulate in Los Angeles and he saw that after he did the contract with Mexico for the illegals to work in the fields, a lot of them did not go back to Mexico,though they watch them working and they gave them a house to live.You watch all the viruses that these illegals are bringing from other countries. Some of the older boys that came from these other countries were gang members That is exactly why they did not follow Obamas rule to report in two weeks Obama does not follow through with many things. The first letters of the word president is presides. He does not know his duty to preside over the House and the Senate.