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Proposed Rule: Inadmissibility on Public Charge Grounds

On October 10, 2018, the U.S. Department of Homeland Security issued a proposed rule that would change the definition of public charge to someone who receives one or more public benefits for purposes of immigration status. The proposed rule would, for the first time, include Medicaid in the list of public benefits used to disqualify an individual from attaining legal permanent residence in the United States.

While the proposed rule does not change Medicaid or CHIP directly, it is likely to have implications for beneficiaries, providers, and states. This presentation provides background on immigrant eligibility for Medicaid and current public charge rules. It then describes the changes proposed in the rule, laying out implications for Medicaid and CHIP and potential areas for comment.