The Centers for Medicare & Medicaid Services (CMS) published a proposed rule, “Exchange Pre-Eligibility Verification” (CMS-9873-P, 91 FR 67656), on 27 October 2026. It would carry out section 71303 of Public Law 119-21, which CMS calls the Working Families Tax Cut (WFTC) law. Most changes would apply to plan years starting on or after 1 January 2028.
Main proposals
- No subsidy during unresolved mismatches. Exchanges could not pay advance premium tax credits (APTC) or cost-sharing reductions while an applicant has an unresolved data-matching issue on citizenship or lawful presence, residency, household income, family size, eligible-noncitizen status, or other coverage (Medicaid or an employer plan). Today, people generally receive subsidies during the inconsistency period. Households using certain special enrollment periods, those for gaining or becoming a dependent, would be exempt.
- No automatic subsidy renewal. Exchanges could not redetermine someone eligible for next year’s subsidy unless they provide or confirm income, family size, citizenship or eligible-noncitizen status, other coverage and residence between 1 August and 31 December of the prior year.
- A new pre-open-enrollment verification window opening 1 August each year.
- “Pended” plan selections: consumers could choose a plan that only takes effect once subsidy eligibility is confirmed. Coverage start dates would depend on when mismatches are resolved.
- CMS asks for ideas on moving away from accepting self-attestation of residency, and on tightening family-size checks.
CMS’s own numbers
- Enrollment falls by an estimated 237,500 on the federal platform and 95,000 across the 22 State Exchanges, 332,500 in total (our sum).
- APTC spending falls about $2.6 billion a year from that enrollment drop, plus about $5 billion from subsidies starting about 1.5 months later for people who verify, roughly $7.6 billion a year from plan year 2028. CMS uses an average subsidy of $655 a month.
“Increased verification-related barriers to enrollment, leading to a decrease in enrollment…” — CMS accounting table, CMS-9873-P
What this piece refuses
We do not claim the rule targets illegal immigrants specifically: the checks cover citizenship and lawful presence alongside income, residency and other coverage. We do not report how many current enrollees are ineligible; CMS gives no such figure in the summary we read.
Bottom line
Under this proposal, ACA subsidies would no longer be paid before checks are done. CMS estimates about $7.6 billion a year saved and about 332,500 fewer people covered from 2028. It is still a proposal; comments close 27 November.




