Can someone over 65 ineligible for Medicare – as they have not lived in the USA five years so they can buy in to coverage get the advance premium tax credit?
What if they have to pay for Medicare Part A?
If someone was over 65 and not eligible for no premium Part A Hospital Medicare was a BIG debate when ACA/Covered CA/Obamacare started. It’s now well settled that they can. Here’s proof, the 1095 A showing the subsidy!
Our webpage on 1095 A Proof of Health Coverage for the past year
Proofs & References
Over 65, but I don’t qualify for Medicare. You can purchase Marketplace coverage and qualify for subsidies based on your income. KFF
Medicare Part A has a premium: However, if someone qualifies for Medicare but has to pay a premium for Part A and does not enroll in Medicare Part A, they may be eligible for a Covered California health plan. Depending on a consumer’s income, they may be eligible for premium assistance and cost-sharing subsidies for the Covered California health plan. Covered CA – Medicare Info
Code of Federal Regulations 1.36B-2 Eligibility for Premium Tax Credit Is not eligible for minimum essential coverage [Can’t get Medicare!]
Turbo Tax Video How to Claim Tax Credit
Kaiser Foundation Calculation
Q & A from Medicare Page
***But does the IRS agree with that when they file 1040 and 8962 Premium Tax Credit
I would like to see that order.
Both my dad and mom have been legal permanent residents (green card) at the time of the appeals in 2016 and in 2015. They are eligible for Medicare but are not eligible for premium-free Medicare, and Covered CA did send them a letter stating that people who are not eligible for premium-free Medicare and who dont enroll in Medicare could be eligible for APTC. Just like last two years, again for 2017, Covered CA has told them that we are not eligible for APTC for 2017 coverage. My dad became a US citizen late 2016. But they continue to be ineligible for Medi-Cal, or premium-free Medicare. And without APTC,
***What if they just take the credit when they file their taxes at the end of the year?
they cannot afford to get an affordable minimum qualified health plan – minimum essential coverage.
They have filed for an appeal, but if you can point us to any sections of the ACA, or Federal Code of Regulations
or California regulations, or special rules/clarifications, or IRS notes that we can represent to the judge during our hearing, it would be really helpful.
It is strange that while they would be eligible for APTC as non-citizen aliens (as decided by the Judge last 2 years), their becoming a citizen makes it worse for them.