On January 22, 2013, the Department of Health and Human Services (“HHS”) released a proposed regulation that would implement key ACA provisions relating to Medicaid and the Health Benefit Exchanges. Essentially, this proposed rule expands the eligibility provisions of ACA relating to Medicaid by, among other things, broadening the definitions of which FNs are “lawfully present” in the United States. Under the HHS proposal, Medicaid eligibility would include the following: lawfully residing non-citizen children and pregnant women, victims of trafficking, noncitizens with a government-issued document reflecting a valid non-immigrant status (thus removing the requirement for a Medicaid agency to check for status violations), and individuals who have been granted an administrative stay of removal.1