Incarceration and the Marketplace Frequently Asked Questions

This resource is part of The Federal Interagency Reentry Council's A Record of Progress and a Roadmap for the Future. 

Incarceration and the Marketplace FAQs (HHS) Cover

Section 1312(f)(1)(B ) of the Affordable Care Act and 45 CFR 155.305(a)(2) provide that an individual is not eligible to enroll in a Qualified Health Plan (QHP) through the Health Insurance Marketplace if he or she is incarcerated, other than incarceration pending the disposition of charges.

These frequently asked questions (FAQs) from the U.S. Department of Health and Human Services provide guidance on the definition of “incarcerated,” and “incarceration pending the disposition of charges” for the purposes of eligibility for enrollment in a QHP through the Marketplace.

View the FAQs (PDF)

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