The U.S. Department of Health and Human Services (HHS) asked state Medicaid and CHIP directors to take an active role in thawing the public charge chilling effect. The Informational Bulletin, sent to states by HHS’ Center for Medicare and Medicaid Services, underscores that the DHS 2019 Public Charge Final Rule is no longer in effect. This informational bulletin confirms for states and individuals that the Department of Homeland Security (DHS) is applying the 1999 Interim Field Guidance on public charge and will not consider an individual’s receipt of Medicaid benefits (except Medicaid for long-term institutionalization) as part of the public charge determination.

The bulletin was accompanied by an HHS press release quoting Secretary Becerra as urging state leaders “to spread this message far and wide: we are here to help and the public charge rule is no longer in effect.”