H.R. 1 and the Final Marketplace Integrity Rule make significant changes regarding the eligibility of non-citizens to enroll in coverage with financial assistance or to qualify for coverage altogether.
Effective Aug. 25, 2025, the final rule changes the definition of lawfully present to once again exclude DACA recipients from coverage. Also, the final rule makes several immediate changes to the income verification process that will lead to more applicants needing to verify their income, while making the tax penalty for too much advance premium tax credit (APTC) much greater.
Consumers must submit additional income documentation if their projected income is above 100% federal poverty level (FPL), but trusted data sources indicate income is less than 100% FPL, or if there is no tax data to verify income. This is a change to the longstanding and current policy.