Common Questions Regarding The Affordable Care Act

Under the Patient Protection and Affordable Care Act (Affordable Care Act - ACA), beginning January 1, 2014 individuals who do not maintain “minimum essential healthcare coverage” must make an additional payment to the IRS when they pay their taxes. This is often called the “individual mandate.” On June 28, 2012, the U.S. Supreme Court upheld the “individual mandate” provision of the ACA.

Some common questions that arise regarding the individual mandate are:

• To what extent will nonimmigrants be subject to the ACA’s “individual mandate”
• If subject, will the mandate impact an individual’s eligibility for immigration benefits?
• Will a school’s student health plan meet the requirements of minimum essential coverage under the ACA?

Some resources include:

• Textof the Patient Protection and Affordable Care Act
• Text of the U.S. Supreme Court Decision in NFIB v. Sebelius
• HHS Final Rule: Student Health Insurance Coverage defined as a type of “individual health insurance coverage” under The Affordable Care Act
• CRS Report: Treatment of Noncitizens Under the Patient Protection and Affordable Care Act
• www.healthcare.gov