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Department of Health & Human Services Still Being Disingenuous On Why DACA Recipients Are Being Denied Medicaid

In August, the Obama administration quietly informed the public that they were changing regulations to exclude recipients of Deferred Action for Childhood Arrivals (DACA) from Medicaid and other health benefits.

Obama, through the Department of Health & Human Services (DHHS), did this by adding paragraph 8 to the definition of “lawfully present” in 45 CFR 152.2.

On August 31, I sent an email informing Marilyn Tavenner, Acting Administrator of the Centers for Medicare & Medicaid Services,  that the reasoning proffered for excluding DACA recipients was transparently disingenuous, providing her with concrete examples of why. I specifically requested that the new policy be reversed.

On October 16, 2012, Ms. Tavenner wrote  a letter in response to my e-mail. Unfortunately, it was boilerplate. Below is a copy of Ms. Tavenner’s letter followed by my request for a “substantive rather than boilerplate response.”

Boilerplate Response from Department of Health and Human Services.

Below is the my response to Ms. Tavenner’s October 16 letter.


We hope that DHHS will provide a substantive response. Any updates will be posted to this site.

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