# Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program
> **Centers for Medicare and Medicaid Services** · Final rule. · Published 2024-05-08 · Effective 2024-11-01 · 89 FR 39392
## Document
- **Document number:** 2024-09661
- **Category:** medicaid
- **Sub-agency:** Centers for Medicare and Medicaid Services
- **Federal Register citation:** 89 FR 39392
- **CFR reference:** 42 CFR 435
- **Publication date:** 2024-05-08
- **Effective date:** 2024-11-01
- **HHS docket:** CMS-9894-F
## Abstract

This final rule makes several clarifications and updates the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan (QHP) through an Exchange; a Basic Health Program (BHP), in States that elect to operate a BHP; and for Medicaid and Children's Health Insurance Programs (CHIPs). Specifically, Deferred Action for Childhood Arrivals (DACA) recipients and certain other noncitizens will be included in the definitions of "lawfully present" that are used to determine eligibility to enroll in a QHP through an Exchange, for Advance Payments of the Premium Tax Credit (APTC) and Cost-Sharing Reductions (CSRs), or for a BHP.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2024/05/08/2024-09661/clarifying-the-eligibility-of-deferred-action-for-childhood-arrivals-daca-recipients-and-certain)
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