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On November 21, the President signed into law a “bipartisan” provision that is intended to rectify a portion of the Affordable Care Act (ACA) that would have allowed certain individuals who elect to receive early Social Security benefits to gain eligibility for Medicaid and/or insurance subsidies without counting the full amount of the Social Security benefits. Because the ACA contains provisions that tie eligibility for Medicaid and insurance subsidies to income counting under certain IRS rules, this disparity would have resulted in the absence of the legislative “fix.”  While Democrats and Republicans and the Administration were able to agree on the “fix,” advocates for people with disabilities criticized the change because individuals who receive Social Security disability benefits must wait two years to qualify for Medicare and some of those individuals would have been able to qualify for Medicaid in the absence of the “fix” during the two-year waiting period.  

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