1. ACCESS TO HEALTH CARE FOR CALIFORNIA IMMIGRANTS AFTER THE AFFORDABLE CARE ACT Gabrielle Lessard, Esq. National Immigration Law Center

2. Mixed-Status Families: Income Counting  The ACA and IRS regulations provide a “Revised Income Formula” for counting the income of families with family members who are not citizens or lawfully present immigrants  Used in determining eligibility for APTC  Use of a “comparable method” that reaches the same results as the Revised Income Formula is allowed as an alternative

3. Revised Income Formula 

4. Revised Income Example 

5. 2013 Federal Poverty Line Thresholds for APTCs Family 100% FPL133% FPL150% FPL200% FPL250% FPL300% FPL400% FPL Size 1 $11,490$15,282$17,235$22,980$28,725$34,470$45,960 2 $15,510$20,628$23,265$31,020$38,775$46,530$62,040 3 $19,530$25,975$29,295$39,060$48,825$58,590$78,120 4 $23,550$31,322$35,325$47,100$58,875$70,650$94,200 5 $27,570$36,668$41,355$55,140$68,925$82,710$110,280 6 $31,590$42,015$47,385$63,180$78,975$94,770$126,360 7 $35,610$47,361$53,415$71,220$89,025$106,830$142,440 8 $39,630$52,708$59,445$79,260$99,075$118,890$158,520 8+ For family units of more than 8 members, add $4,020 for each additional member. Federal Poverty Line Thresholds for Calculating APTC Figures based on 2013 Poverty Guidelines for the 48 contiguous States and DC http://aspe.hhs.gov/poverty/13poverty.cfm#guidelines

6. Using the Applicable Percentage to Determine the APTC Once the Revised Income is determined for a mixed-status family, the APTC amount is found by: 1. Determining the families FPL percentage 2. Using the Applicable Percentage (AP) Table (77 FR, No. 100, p. 30392) to find the AP 3. Multiplying the AP by the household’s actual income to find the household’s expected contribution (EC)

7. APTC calculation  Revised Income= $39,060  Actual Income= $47,100  Applicable percentage= 6.3%  $47,100 x.063=  Expected contribution (EC) = $2967/year  APTC = Price of benchmark plan - EC What if the price of the benchmark plan does not exceed the family’s EC?