Mother in Law is a legal US Resident, so the new law specifically includes her. Unfortunately, while the Medicaid rules now include categories of aliens who are exempt from the 5 year bar, it appears that Mother in Law is still barred from Medicaid until the 5 years of residence is completed.
From the IRS FAQ page on your tax liability if you cannot claim exemption from the "Individual Shared Responsibility Payment"
1. What is the individual shared responsibility provision?
Under the Affordable Care Act, the federal government, state governments, insurers, employers and individuals are given shared responsibility to reform and improve the availability, quality and affordability of health insurance coverage in the United States. Starting in 2014, the individual shared responsibility provision calls for each individual to have minimum essential health coverage (known as minimum essential coverage) for each month, qualify for an exemption, or make a payment when filing his or her federal income tax return.
2. Who is subject to the individual shared responsibility provision?
The provision applies to individuals of all ages, including children. The adult or married couple who can claim a child or another individual as a dependent for federal income tax purposes is responsible for making the payment if the dependent does not have coverage or an exemption.
If the Health Marketplace
website is only offering her Medicaid, then there is a definite problem with their system and you will need to contact them by telephone to explain that she is not eligible for Medicaid and requires another option.
If they insist that Medicaid is the only option then take that decision to the OHS and ask them how Mom can get an exemption to the 5 year bar.
The adventures continue
Edited by Fritz, 02 November 2013 - 08:28 PM.