Immigration situation and marketplace..anyone know?

[TN_agent]

First time running into this one in 5 years. 71 year old permanent resident/green card. Not (free) Medicare eligible. Son is married (41 years old) and is here on a student F1 visa (he can't work). His ife can't work either, probably a spousal visa, not exactly sure. Mother is supporting him and his wife while he is here in school. They want to know if he can be on her ACA application (under his own plan). My thought is no. He can't be claimed on her taxes as a dependent as he is not a lawful resident (despite being here temporarily for school). Hence he can't be on her ACA application. However, he could possibly apply for ACA marketplace coverage alone with his wife, although in TN he wouldn't be able to get a subsidy because we didn't expand Medicaid and he has no income.

Am I interpreting that correctly?

 

[fed up]

Dependents were permitted to remain on their parents' insurance plan until their 26th birthday, including dependents who no longer live with their parents, are not a dependent on a parent's tax return, are no longer a student, or are married. He cannot be on Mom's policy, he is 41. Get his own policy and stop trying to cheat the system

 

[Krball]

The F1 holder can get a SS# although may have zero income. If TN has five year rule against recent immigrants getting Medicaid then that defaults them to the Marketplace, both F1 and spouse. They will need to file taxes to reconcile the marketplace tax credit even if zero income. The 71 yr old is also Marketplace under the rule where anyone that would have to pay for Part A Medicare can opt out and go to the Marketplace; again even if zero income.

 

[TN_agent]

Dependents were permitted to remain on their parents' insurance plan until their 26th birthday, including dependents who no longer live with their parents, are not a dependent on a parent's tax return, are no longer a student, or are married. He cannot be on Mom's policy, he is 41. Get his own policy and stop trying to cheat the system

I am not trying to cheat anything, just trying to answer clients questions.

 

[TN_agent]

The F1 holder can get a SS# although may have zero income. If TN has five year rule against recent immigrants getting Medicaid then that defaults them to the Marketplace, both F1 and spouse. They will need to file taxes to reconcile the marketplace tax credit even if zero income. The 71 yr old is also Marketplace under the rule where anyone that would have to pay for Part A Medicare can opt out and go to the Marketplace; again even if zero income.

He was told he could not get a social security number, according to him, so I will follow up. It may be some other type of visa I am not familiar with besides an F1. I don't handle a lot of immigrants without greencards so I am not familiar with all of the rules.

71 year old does not have enough quarters in to get free part A so will be on the marketplace with subsidy.

 

[fed up]

I am not trying to cheat anything, just trying to answer clients questions.

Did not intend for you to read it that way. The family is trying to cheat the system much like the P&C household with 17 drivers and different surnames

 

[TN_agent]

Did not intend for you to read it that way. The family is trying to cheat the system much like the P&C household with 17 drivers and different surnames

oh, gotcha!