Public Charge Final Rule: Frequently Asked Questions

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 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.

On September 3, Manatt Health partnered with State Health and Value Strategies (SHVS) to present “Final Public Charge Rule: Analysis and Potential Implications,” a webinar for states and healthcare stakeholders reviewing the history of the public charge designation, explaining the details of the new rule and analyzing potential impacts of the policy change.

As a follow-up to the webinar, Manatt Health and SHVS produced FAQs providing in-depth responses to key questions about the public charge rule. In addition to explaining the complexities of the final public charge rule, the FAQs also provide an update on litigation challenging the rule and explain the current status of public charge determinations while litigation is underway. Click here to access the public charge FAQs.

Click here to view the webinar on demand.

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