CMS issued an Informational Bulletin on the Department of Homeland Security’s (DHS) 2019 Public Charge Final Rule


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Today, the Centers for Medicare & Medicaid Services (CMS) released an Informational Bulletin to states about the DHS 2019 Public Charge Final Rule that has been vacated and is no longer in effect.

Effective March 9, 2021, DHS started applying the 1999 Interim Field Guidance for public charge inadmissibility determinations, which is the policy that was in place before the 2019 Public Charge Final Rule. Under the 1999 Interim Field Guidance, DHS will not consider an individual’s receipt of Medicaid benefits as part of the public charge determination, with one exception for individuals who are institutionalized on a long-term basis (such as nursing facility residents) and are receiving Medicaid coverage for their institutional services.

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