health insurance, medicaid, obamacare, aca ... as K1 (non)immigrant

[Boiler 43,430]

No, until today I didn't think that was wrong. But this whole thread is just confusing. If this was about private insurance it would make a lot more sense. But people are talking about Medicare and Medicaid and eligibility for state insurance. So, allow me to get a little confused here.

Why isn't a lawyer someone I should ask about this? He is our immigration lawyer and we figured he would know about everything that has to do with my immigration process. If the law requires me, as someone who is not yet a permanent resident, but also not an illegal immigrant, to have whatever kind of health insurance, we expect our immigration lawyer to inform us about that and give us proper advise on how to go about it. I really don't know what's so weird about that, and why some people here have to be so nasty about it. Isn't that what this website is about, asking questions about this whole confusing process?!

He is an immigration lawyer.

He is not a tax lawyer, or an insurance lawyer.

[puffers 14]

He's an immigration lawyer. Exactly. That's my point.

[Boiler 43,430]

And this is not an Immigration subject, a requirement that applies to all legal residents.

[puffers 14]

Okay

[yuna628 9,528]

No, until today I didn't think that was wrong. But this whole thread is just confusing. If this was about private insurance it would make a lot more sense. But people are talking about Medicare and Medicaid and eligibility for state insurance. So, allow me to get a little confused here.

Why isn't a lawyer someone I should ask about this? He is our immigration lawyer and we figured he would know about everything that has to do with my immigration process. If the law requires me, as someone who is not yet a permanent resident, but also not an illegal immigrant, to have whatever kind of health insurance, we expect our immigration lawyer to inform us about that and give us proper advise on how to go about it. I really don't know what's so weird about that, and why some people here have to be so nasty about it. Isn't that what this website is about, asking questions about this whole confusing process?!

Things you should take out of the equation immediately are: medicare, Medicaid, or any sort of S-CHIP insurance. These are all things you are not eligible for. Medicaid and S-CHIP in particular can be used under certain qualifying circumstances but typically only if you have been an LPR and paying into the tax system for at least 5 years.

That is explained out in this section: https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

But what you and several others here in this thread are looking for is healthcare. For most people are able to get on their spouse's work health insurance right away, or if that spouse owns a private policy they can also add them to it.

That is not to say there won't be challenges along the way. As I've seen many a representative give out false information that bars the person from trying to obtain it without a fight.. or at least a lot of hassle.

You can of course go out and purchase a plan on your own from any health insurance provider (they may also give you that same amount of hassle.. but they usually do fold under pressure.. afterall they want your money). Plans these days must be federally compliant and up to the standard under the ACA - that means if they can't or won't cover you - you can go over to the federal exchange and use the special circumstance that a person prevented me from obtaining insurance due to negligence clause.

If you don't want to deal with any of that, and just want to use the federal exchange you can - with a certain exception:

Some states have their own exchanges. You'll find that out right off the bat when you put in your zipcode into the federal website. They all have to follow the same rules more or less. If you live in a state that has one, you must first try and use that exchange. However, if your state is still mad about Obamacare or Obama in general and didn't set up an exchange, then using the federal exchange will be the one you must choose.

The same healthcare providers, more or less that you can buy privately will also be available on the federal exchange. They may be at a higher or lower cost, it really all depends. You have to search through and pick the best one that fits your needs... or that you can sadly afford.

Remember that Obamacare is not a single payer healthcare system. It is not the NHS. Despite a lot of people getting very angry about Obamacare, you are the one paying for it. The goal of the 'penalty' is to 'gently encourage' people to buy insurance, with the supposed goal of driving costs downward for everyone. I've yet to see that goal pan out.

The law is very clear on who is eligible for applying to the federal exchange. A citizen can, an LPR (someone that has a green card in hand), and someone adjusting/applying to be an LPR (that hasn't got a green card yet but has documentation that they have applied to do so). Some state websites lag far behind in translating that information to users clearly. At one point even the federal website was pretty bad at making it clear. It's much better now. That doesn't mean however, that the employees have a clue. They should... but I won't keep on bashing.

It's kind of like going to the SSA and asking for a SSN as a K1 and they give you that glazed over stare. If an employee starts saying something that makes no sense, find a new one, or demand a supervisor. Get in the know with what the site says so that you can challenge them.

If you don't want health insurance, no one is forcing you to buy insurance, but they are 'encouraging' you to. Reading back through the Supreme Court case over the legality of the program there was a lengthy discussion with the Justices about that. Many people still choose not to have insurance, one reason for this is that the one time yearly fee is a hell of a lot cheaper than paying a premium every month. It won't give you insurance if something goes wrong sure.. but perhaps for the wealthy or the young or very cash strapped don't feel they need to worry about that.

I am not sure on the legality of temporary immigrant short term insurances and how they fit into the federal law. Don't be surprised if the IRS doesn't count that as an accepted insurance and you receive a penalty.

You are eligible because you gave up your lives back home with a visa and came here. You're eligible because you got married. And you're eligible because you adjusted to stay.

In short: I can't emphasize again that LPRs and adjusting TO BECOME an LPR are eligible. If you've had to jump through hoops.. I feel for you. If someone has told you the wrong thing.. again I feel for you. It's a long and confusing process but it's something everyone coming to America needs to read up on.

https://www.healthcare.gov/immigrants/immigration-status/

[Boiler 43,430]

Temporary insurance will not be Obamacare compliant.

[Ebunoluwa 6,136]

Temporary insurance will not be Obamacare compliant.

Do you have a link for that ? If someone has 6 months insurance elsewhere and then gets insurance through the Marketplace or

job, what is the issue ? Not sure if I understand the term 'temporary' in this context.

[Boiler 43,430]

Look at the links provided, cover does not meet Obama requirement.

[yuna628 9,528]

Do you have a link for that ? If someone has 6 months insurance elsewhere and then gets insurance through the Marketplace or

job, what is the issue ? Not sure if I understand the term 'temporary' in this context.

Here's a good article on the pitfalls of short term insurance. http://www.bloomberg.com/bw/articles/2014-01-09/short-term-health-plans-obamacare-alternatives-they-are-not

The short-term plans also don’t satisfy the Obamacare requirement that people have adequate coverage, so people who buy them face the same tax penalties as the uninsured. Twenty percent of short-term policyholders believed, wrongly, that their coverage would be adequate under the ACA, according to a survey published in September by EHealth (EHTH), an online brokerage that sells conventional and short-term policies. An additional 64 percent said they weren’t sure.

There’s plenty of cause for the confusion. Assurant, one of the larger sellers of the temporary medical plans, says on its website that “these plans do not meet minimum essential coverage requirements” and customers may face tax penalties.

Now, I'm not 100% clear on what proof you offer to the IRS that you have healthcare, besides a yes or no on your tax form. If you answer yes, the IRS may be none the wiser, but it would be inadvertently dishonest in terms of satisfying the requirement. The law is pretty clear these types of plans are not Obamacare compliant.

[puffers 14]

So, if I buy health insurance for 6 months, and after that I get on my spouse's insurance plan or get insurance through my own job, will I still have to pay the penalty?

What exactly is considered a "short term plan"?

When I look up insurances on i n s u b u y . c o m there are really cheap deals available ($150 - $200 per 6 months period). So if I go with that, will that be short term or will that be okay in the eyes of the IRS?

[Ebunoluwa 6,136]

Here's a good article on the pitfalls of short term insurance. http://www.bloomberg.com/bw/articles/2014-01-09/short-term-health-plans-obamacare-alternatives-they-are-not

The short-term plans also don’t satisfy the Obamacare requirement that people have adequate coverage, so people who buy them face the same tax penalties as the uninsured. Twenty percent of short-term policyholders believed, wrongly, that their coverage would be adequate under the ACA, according to a survey published in September by EHealth (EHTH), an online brokerage that sells conventional and short-term policies. An additional 64 percent said they weren’t sure.

There’s plenty of cause for the confusion. Assurant, one of the larger sellers of the temporary medical plans, says on its website that “these plans do not meet minimum essential coverage requirements” and customers may face tax penalties.

Now, I'm not 100% clear on what proof you offer to the IRS that you have healthcare, besides a yes or no on your tax form. If you answer yes, the IRS may be none the wiser, but it would be inadvertently dishonest in terms of satisfying the requirement. The law is pretty clear these types of plans are not Obamacare compliant.

Thank you for clarifying, yes they aren't ACA compliant so that can be a bad deal.

[yuna628 9,528]

So, if I buy health insurance for 6 months, and after that I get on my spouse's insurance plan or get insurance through my own job, will I still have to pay the penalty?

What exactly is considered a "short term plan"?

When I look up insurances on i n s u b u y . c o m there are really cheap deals available ($150 - $200 per 6 months period). So if I go with that, will that be short term or will that be okay in the eyes of the IRS?

Most likely not okay at all. It's considered a short term insurance, and probably somewhere on their website it would mention not being federally compliant.

Looking at that website they don't spell it out, but I see several things they omit from their plans that would disqualify them from being compliant right off the bat.

It *might* work for visitors without immigrant intent. It may also work to some degree, for students (not clear on that), but it most certainly won't work for those that came on marriage based and fiancé visas.

Nothing is stopping you from purchasing it of course. You just have the risk of paying that penalty. If you're comfortable with paying a penalty there would be no issue in the eyes of the law.

[puffers 14]

Does anyone know what kind of insurance would be okay, where I won't have to pay a penalty? I mean something thats somewhat affordable?

[Boiler 43,430]

All compliant cover is as required by the Affordable Care Act.

[yuna628 9,528]

I have provided as much information as I can, and have listed the options available to you. At some point you or your spouse are going to have to get on google and start looking at plans.

So one last time for recaps:

You can purchase private insurance by researching them online.

You can purchase a plan through the exchange of the state you live in.

If neither of these two things work, you can purchase a plan through the federal exchange.

Or you can pay the penalty and wait until you are on your spouse's insurance at work.

All of these are compliant with the affordable care act.

Short term insurances, insurances that are designed for travel, and those marketed toward immigrants do not count.

I don't know what your individual needs are or what you and your spouse can afford. That's something you'll have to work out.