Final Public Charge Rule Analysis and Potential Implications


By Patricia M. Boozang, Senior Managing Director, Manatt Health | Alice J. Lam, Director, Manatt Health | Allison B. Orris, Counsel, Manatt Health | Heather Howard, Director, State Health and Value Strategies

On August 12, 2019, the U.S. Department of Homeland Security (DHS) issued the final version of its public charge rule, which was slated to go into effect on October 15 but is currently stalled subject to a nationwide preliminary injunction. The rule changed how DHS determines whether immigrants—including those seeking admission to the U.S., an extension of their stay or a status change to become a legal permanent resident—are evaluated for their likelihood of becoming a “public charge.” The rule defines a public charge as a person who receives or is likely to receive one or more public benefits (as expanded in the rule) for more than 12 consecutive or nonconsecutive months within any three-year period. The new DHS rule added a number of new criteria to the list of reasons DHS can use to deny visas or green cards to lawfully present immigrants.

In a webinar presented by Manatt Health and State Health and Value Strategies, a program supported by the Robert Wood Johnson Foundation, Manatt Health reviews the history of the public charge designation, explains the details of the new rule and analyzes potential impacts of the policy change. Key topics include:

  • Notable differences between the longstanding policy and the final rule
  • New considerations introduced into the public charge determination by the final rule
  • An explanation of how the final rule considers use of Medicaid and other healthcare benefits
  • Categories of immigrants who are impacted by the public charge rule
  • Likely impacts on immigrant use of public benefits and on state government and healthcare organization budgets

Click here to download the webinar presentation or here to watch it on demand.

Click here to read the follow-up Q&A document produced by Manatt Health and State Health and Value Strategies to provide in-depth answers to the key questions from the webinar.

Presenters
Patricia M. Boozang, Senior Managing Director, Manatt Health
Alice J. Lam, Director, Manatt Health
Allison B. Orris, Counsel, Manatt Health
Heather Howard, Director, State Health and Value Strategies

Date and Time
Tuesday,
September 3, 2019

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