Question about the Affordable Care Act?
 

So to my understanding by 2014 everyone will have to buy insurance or pay a tax if you dont have any coverage , but undocumented immigrants wont be ale to buy the subsidized insurance coverage. Will people in our situation still have to pay the tax for not having insurance?

Re: Question about the Affordable Care Act?
 

Good question, I would also like to know the answer.

Re: Question about the Affordable Care Act?
 

No, because you are undocumented they have no proof of you existing. They take the fine out of your taxes every year.

Re: Question about the Affordable Care Act?
 

I used to have health insurance, but since it was too expensive I had to let it go. I'm guessing I'll get insurance by the time I have to file taxes

Re: Question about the Affordable Care Act?
 

It's a tough situation. If you're undocumented and don't do taxes, then you don't have to pay anything if you don't pay insurance.

But one of the conditions to get documents if there is some kind of reform is that you must have done your taxes since you arrive in this country. So if you don't have insurance and do your taxes as you're supposed to do then it's going to cost. Here's an article with the specific numbers: http://www.webmd.com/health-insuranc...-penalties-aag

Here's the gov't website with details on the program itself: healthcare.gov

Re: Question about the Affordable Care Act?
 

We are not part of the healthcare law, technically we are not obligated to but if you do taxes, then I don't know. Msaccountant might know, I hope.

Re: Question about the Affordable Care Act?
 

Our parents don't have to. Obamacare expressly exempts them from the bill.

Those of us who have DACA are covered by Obamacare and the need for insurance though. The bill requires everyone with legal presence in the US to do so.

I have the text of the bill somewhere in my docs. I'll edit in the relevant portions in a bit.

Okay here it is:
________________________________

@Regarding the Healthcare Exchanges/ Subsidized Plans

Section 1312 (f)(3)
DACA recipients, as well as those on TPS, are eligible for the exchanges. The text itself only excludes those not lawfully present, as opposed to those without legal status.

SEC. 5000A (d)(3)
Likewise, the individual mandate exempts those not legally present. DACA gives us legal presence so we are covered by it.
________________________________________

Re: Question about the Affordable Care Act?
 

I've heard in multiple news casts that DACA people are not included. Wtf?

Re: Question about the Affordable Care Act?
 

They didn't read the bill :p

Re: Question about the Affordable Care Act?
 

Hmm...not according to this.

Re: Question about the Affordable Care Act?
 

I don't see why DACA recipients would be exempt. Unless Obamacare has had its text modified, which it has not, the bill covers those legally present.

If immigration reform doesn't pass, I suspect we'll likely end up with a major court battle on this if they try to de facto exclude us from Obamacare without changing the bill's text.

Re: Question about the Affordable Care Act?
 

It doesn't make sense to treat DACA recipients differently than other deferred action cases, but I remember last year when Obama administration released that this would be the case, and we would be treated differently for Affordable Care Act. I am surprised it isn't in bill text.

Re: Question about the Affordable Care Act?
 

Source to Obama saying it? The executives have some leeway in Obamacare's provisions, but it doesn't seem likely he can exclude DACA recipients with the text as is. I suspect he said it just to calm down people who'd be angry otherwise.

Re: Question about the Affordable Care Act?
 

Found this:

http://www.nilc.org/acadacafaq.html

Re: Question about the Affordable Care Act?
 

For people with DACA who doesn't have access to employer insurance, what options do we have? Would private insurance outside the marketplace be available for us? I still don't understand our options and would appreciate some explanation.

Re: Question about the Affordable Care Act?
 

I think it's the same options we've always had. It won't be more affordable.

Re: Question about the Affordable Care Act?
 

The options available for those under DACA are Employer-based insurance and buying insurance outside the 'Exchanges'. The effect of the Affordable Care Act is to lower insurance premiums in the marketplace; while, we would not be eligible to take advantage of the savings in the exchanges, however, the market would lower premiums (naturally, as a result of the ACA) that would benefit us.

What I recommend is going directly to known insurance providers in your area and getting an individual quote (or family if you want insurance for more than yourself) and make a decision based on what you'll need.

Here are some insurers (May not be available in your area)
Aetna
Humana
UnitedHealthcare
Kaiser Permanente
Anthem
BlueCross
Southern Health
...State Farm

Anyone is free to add any that I may have missed

Re: Question about the Affordable Care Act?
 

Thank you Swim19 and Malignon. I was just confused because if you go to other threads in this forum, I see answers stating to "just get private insurance via employer" as if there wasn't an option to just get private insurance on your own. If an employer were to offer me an insurance from Small Business Health Options Program (SHOP) would I be allowed to sign up for that? I'm assuming no. A definitive answer would be appreciated. Thanks

Re: Question about the Affordable Care Act?
 

SHOP has been delayed for a year. But if it hadn't, then no. You would not qualify if you are a DACA beneficiary since it is a "Marketplace" program. You would be required to deny the coverage and consider the other options stated above.

Re: Question about the Affordable Care Act?
 

Since Obama administration itself holds that DACA recipients are not eligible to participate in the exchanges, even if other deferred action recipients are, it actually strengthens Jan Brewer's argument that she can deny driver's license to DACA guys.

When the administration itself discriminates DACA recipients, every state government is now able to do the same thing. Needless to say this is bad.

Re: Question about the Affordable Care Act?
 

No it isn't. ACA was out in place to effectively make available health insurance to those who couldn't/didn't have any coverage prior. It's subsidized by the government for its citizens. Having a driver's license is not a public means benefit. DACA recipients can't collect unemployment, correct? Same concept.

Re: Question about the Affordable Care Act?
 

I disagree. Since the benefit is available to Deferred Action recipients other than DACA, it's not a citizen-only deal. Green card holders are not citizens, yet they can participate in the exchange.

This policy effectively creates DACA recipients as a class separate than other deferred action recipients, which is what Brewer had been arguing all along. She denied DL to DACA recipients while allowing issuance to other deferred action guys, arguing that DACA is different.

Ironically Brewer now extends the denial of DL to ALL deferred action recipients to avoid charges of discrimination. If Brewer is engaging in discrimination by singling out DACA guys, then Obama administration is doing the exact same thing. This is discrimination regardless to who committed it.

Deferred action is deferred action, whether it's extended to DREAMERs or victims of domestic violence or asylum seekers or victims of human trafficking. To treat it otherwise is discrimination.

Re: Question about the Affordable Care Act?
 

I agree with Cloudless, because it seems that the language of the Administrative Ruling discriminates with those who receive Deferred Action and those with DACA. Those with deferred action unrelated to DACA can apply for benefits; which are denied to those with DACA.

It may have been motivated due to the fact that the Administration did not want to seem to be giving benefits to recipients of a program that deems to be circumventing Congressional power. And giving Republicans an ideological point against Dreamers.

Re: Question about the Affordable Care Act?
 

Giving ideological point against Dreamers? They are already against Dreamers and ACA. The Republican party is controlled by ideologues who can see dreamers as nothing but illegals and ACA as nothing but evil incarnate. The current shutdown is proof of that. Obama should never pre-negotiate with this bunch, because his gestures are never appreciated and he ends up having to cede more ground when they act up, like this time.

Having DACA beats getting deported, but it's tough when you can't drive and can't have access to affordable healthcare.

Re: Question about the Affordable Care Act?
 

The other deferred action categories were created through the legislative -- not executive -- branch.

Re: Question about the Affordable Care Act?
 

No, neither one is created by Congress. Deferred Action, Deferred Enforced Departure, and now DACA were all created by the executive branch. They are all prosecutorial discretions.

The law can never say that an offense must be punished, it can only say 'punishable'. The reason is that it's impossible for the prosecutor to prosecute all criminals, either due to resource limitation or community interest or plain common sense. If the law says certain offense must be punished, then the prosecutor's failure to pursue it must be punished as well. Nobody wants to be a prosecutor then.

Prosecutor's freedom to choose who to charge and who to let go is called prosecutorial discretion. Deferred Action recipients are formally free from prosecution (deportation) because the prosecutor (the president) has formally decided to defer the action for a set amount of time.

Re: Question about the Affordable Care Act?
 

I do not care if i am covered or not. I just don not want to be fined for not having insurance.