U-Visa Victim Benefits Under the Affordable Care Act (ACA) [pdf]

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.