Patient groups have filed an amicus curiae brief with the U.S. Court of Appeals for the Eighth Circuit, advocating for insurance coverage eligibility for Deferred Action for Childhood Arrivals (DACA) recipients. This action follows a Department of Health and Human Services (HHS) Final Rule issued in May 2024, which permitted such coverage.
In December 2024, the Eighth Circuit lifted a temporary stay on a preliminary injunction in the case of Kansas v. United States. This decision was made after an appeal by the Centers for Medicare and Medicaid Services (CMS), resulting in DACA recipients being unable to enroll in Affordable Care Act (ACA) Marketplace plans across 19 states involved in the lawsuit.
The brief is supported by several health organizations including the American Cancer Society Cancer Action Network, American Lung Association, Epilepsy Foundation of America, Leukemia & Lymphoma Society, and Muscular Dystrophy Association. These groups released a statement emphasizing the importance of access to affordable health insurance: "Access to affordable and comprehensive health insurance coverage strengthens public health by ensuring people are able to prevent, detect, treat and survive serious diseases and health conditions."
They highlighted that since the ACA's implementation, nearly 50 million individuals have gained coverage, reducing uninsured rates significantly. Despite this progress, about 34% of DACA recipients remain without health insurance even though they contribute taxes supporting the ACA. The Final Rule was projected to enable approximately 100,000 DACA recipients to obtain health insurance through ACA marketplaces before the injunction.
The organizations argue that expanding coverage to DACA recipients would bolster the healthcare system by lowering uncompensated care costs and decreasing reliance on emergency services while contributing positively to insurance pools with generally younger and healthier populations. They urge the Court of Appeals "to uphold granting DACA recipients critical access to affordable health insurance coverage and the peace of mind it provides."
Legal representation for these groups is provided pro bono by Wilentz, Goldman & Spitzer.
