medicaid

[GreenTrain 1]

US citizens and LPRs are treated differently for public benefits.

You are a US citizen who is entitled to all benefits.

An LPR is sponsored with an I-864 where the sponsors take financial responsibility to reverse the government if the LPR receives certain benefits - one of which is Medicaid.

An LpR is also barred from receiving certain benefits - including regular Medicaid - for the first five years.

You cannot take the rules that apply to US citizens like yourself and apply them to an LPR. LPRs have their own rules.

Where one can see:

- What a citizen or LPR entitled for?

- Whether medical is available or not to LPR?

Thanks !

[LIFE'SJOURNEY 970]

North Carolina

I am not famailiar with the programs that are in North Carolina, try contacting their social service program and someone should be able to direct you.

Good luck,

nugh said...

[ca_babe 129]

It'll be hard for you to get PRIVATE insurance now because you're already pregnant and most insurance companies (private insurance) don't cover pregnancy during the first year. It's different when you have a group insurance through work. Most don't have pre-existing condition clauses. Obamacare passed a temporary relief until Dec. 31, 2013 where you can get insurance if you have been denied coverage because of your pre-existing condition. In your case, your pregnancy.

Check out this link. It's for North Carolina residents.

http://www.inclusivehealth.org/fed_eligible_reg.htm

Federal Option Eligibility

Eligibility Requirements for Federal Option Coverage

You are eligible of Inclusive Health - Federal Option Coverage if you have been without creditable coverage for at least six months and...

You can answer YES to AT LEAST ONE of the following questions:

• Your medical condition makes you "uninsurable."
• You have been refused or denied coverage for health reasons.
• You have been offered coverage by an insurer with a conditional rider limiting coverage.
• You have one of the Inclusive Health - Federal Option presumptive conditions which allows automatic enrollment.

You are eligible if you can answer YES to ALL of the following questions:

• You are a legal U.S. resident.
• You are a North Carolina resident.
• You are not covered as a dependent.

Sample monthly premiums for a non-tobacco user for a 30-year old female.

PPO 1000

$277

$1000/80%-50%

PPO 2500

$224

$2500/80%-50%

PPO 3500

$179

$3500/80%-50%

HDHP 4500

$122

$4500/100%

[him4life 13]

It'll be hard for you to get PRIVATE insurance now because you're already pregnant and most insurance companies (private insurance) don't cover pregnancy during the first year. It's different when you have a group insurance through work. Most don't have pre-existing condition clauses. Obamacare passed a temporary relief until Dec. 31, 2013 where you can get insurance if you have been denied coverage because of your pre-existing condition. In your case, your pregnancy.

Check out this link. It's for North Carolina residents.

http://www.inclusivehealth.org/fed_eligible_reg.htm

Federal Option Eligibility

Eligibility Requirements for Federal Option Coverage

You are eligible of Inclusive Health - Federal Option Coverage if you have been without creditable coverage for at least six months and...

You can answer YES to AT LEAST ONE of the following questions:

• Your medical condition makes you "uninsurable."
• You have been refused or denied coverage for health reasons.
• You have been offered coverage by an insurer with a conditional rider limiting coverage.
• You have one of the Inclusive Health - Federal Option presumptive conditions which allows automatic enrollment.

You are eligible if you can answer YES to ALL of the following questions:

• You are a legal U.S. resident.
• You are a North Carolina resident.
• You are not covered as a dependent.

Sample monthly premiums for a non-tobacco user for a 30-year old female.

PPO 1000

$277

$1000/80%-50%

PPO 2500

$224

$2500/80%-50%

PPO 3500

$179

$3500/80%-50%

HDHP 4500

$122

$4500/100%

Thanks for the info. i will call monday and hear what they have to say

[EM_Vandaveer 2,366]

I applied and was granted Pregnancy CHIP in Texas (it's like Medicaid, but is state-funded). It covers all my prenatal care. For the actual labor & delivery I'll have to apply for emergency Medicaid.

As per USCIS http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

Job training programs

In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

[EM_Vandaveer 2,366]

Life's Journey is right, it depends on your state. The birth itself will likely be covered by emergency Medicaid, but unless you have complications your prenatal care would not be. You might want to look into a low-cost clinic if your spouse does not have insurance that will cover you. Call your local social services department, they can probably refer you somewhere.

You can apply otherwise, but you likely will not be eligible. Again, this is state dependent, some states have pregnancy medicaid that even ineligible aliens can get. However, in other states, it won't matter if you disclose your sponsor's info, you still won't be eligible. I know in my state, they will first make sure you have been here 5 years. If you haven't, it doesn't matter about your sponsor or anything else - your application is denied for being an ineligible alien right then.

Your child will be eligible (if you meet the financial and nonfinancial requirements) when they are born.

My prenatal care IS included. (I was given CHIP Perinatal in Texas). However I am sure it depends on the state you live in.

[EM_Vandaveer 2,366]

US citizens and LPRs are treated differently for public benefits.

You are a US citizen who is entitled to all benefits.

An LPR is sponsored with an I-864 where the sponsors take financial responsibility to reverse the government if the LPR receives certain benefits - one of which is Medicaid.

An LpR is also barred from receiving certain benefits - including regular Medicaid - for the first five years.

You cannot take the rules that apply to US citizens like yourself and apply them to an LPR. LPRs have their own rules.

Sorry, you are wrong, Medicaid does not count when determining "public charge", and similar state-funded programs are available for LPRs even before the 5-year mark. There is a lot of misinformation floating around on visajourney about this....

From the USCIS website:

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

Job training programs

In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

[him4life 13]

I applied and was granted Pregnancy CHIP in Texas (it's like Medicaid, but is state-funded). It covers all my prenatal care. For the actual labor & delivery I'll have to apply for emergency Medicaid.

As per USCIS http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

Job training programs

In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

This medicaid thing is really confusing and no one seems to know for sure, i even called the social services and health dept and they hvent a clue as to what i am talking about i864 and sponsor having to pay back, i even called USCIS and the people who answered the phone didnt know what i am talking about when i told them , they all telling me that as far as they know as long as i am permanent resident i am entitled to medicaid, here on visajourney everyone has different opinions on it, i have even dug up some past post and its the same conflicting confusing arguments. i have read the link u posted from theUSCIS website and started to feel a glimmer of hope, but then i read this link also from the same website and started to get confuse again http://www.uscis.gov/files/form/i-864p.pdf

i just wished someone knew for sure, am thinking about contacting immigration lawyers to see if they know anything, they might know some laws

[EM_Vandaveer 2,366]

I only know this: I got CHIP Perinatal here in Texas without any issues. You should go and apply for something similar in your state. Believe me, being pregnant makes a difference. We would not qualify for Medicaid or similar state programs, if we were not pregnant, but prenatal care is for the health of the baby, who is a future USC.

Don't let people confuse you, just go to your local social services office and see what is available and apply. If you are not eligible, they won't approve you.

[him4life 13]

I only know this: I got CHIP Perinatal here in Texas without any issues. You should go and apply for something similar in your state. Believe me, being pregnant makes a difference. We would not qualify for Medicaid or similar state programs, if we were not pregnant, but prenatal care is for the health of the baby, who is a future USC.

Don't let people confuse you, just go to your local social services office and see what is available and apply. If you are not eligible, they won't approve you.

yes i know that i can apply and get approved, they already told me that i am eligable, i have even filled out the application and necessary paperworks, but didnt bother to send them off, what i am concerned about is if my co sponsor that signed the i864 form will have to pay back this medical cost in the long run, i really dont want to put her in any trouble

[EM_Vandaveer 2,366]

Do you realize that even if they tried to make you repay anything, they would go after your sponsor first, even if his income was not over the 125% of the poverty line? They only go after the co-sponsor if they can't get the money from the sponsor (your husband).

[him4life 13]

Do you realize that even if they tried to make you repay anything, they would go after your sponsor first, even if his income was not over the 125% of the poverty line? They only go after the co-sponsor if they can't get the money from the sponsor (your husband).

thanks for your help and wonderful advice, my husband dont really have much, that is why we used a co sponsor, so if they come after him they wont get anything, and might divert their attention to the cosponsor.

good luck with the baby, i am due in november too

[aaron2020 11,651]

Sorry, you are wrong, Medicaid does not count when determining "public charge", and similar state-funded programs are available for LPRs even before the 5-year mark. There is a lot of misinformation floating around on visajourney about this....

From the USCIS website:

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

Job training programs

In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

Actually, you are wrong. There is a lot of misinformation on VisaJourney from folks like you.

Do you know when a public charge determination is made? ONLY BEFORE A PERSON GETS AN IMMIGRATION VISA OR GREEN CARD. IT DOESN'T APPLY AFTER A PERSON GETS A GREEN CARD AND BECOMES A LEGAL PERMANENT RESIDENT. WHY DID YOU EDIT THIS OUT OF THE LINK THAT YOU PROVIDED?????

What you posted does not apply to person who is an Legal Permanent Resident. What you posted only applies to those seeking admission to the US or adjusting status. The rules are different for different people.

___________________

From the link that you provided.

Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

_____________________________

Notice that the public charge determination is applied ONLY BEFORE a person becomes a legal permanent resident. The public charge determination does not apply AFTER a person becomes a legal permanent resident.

Here is the rule that a legal permanent resident is bar for the first 5 years of residency from receiving certain benefits.

For clarity sake, there are two types of Medicaid - 1) emergency Medicaid and 2) regular/nonemergency Medicaid. An LPR is eligible for emergency Medicaid and there is no bar of any kind. An LPR is barred from receiving regular/non-emergency Medicaid for 5 years. There is a limited exceptions for "battered aliens."

Here is the law: http://www.law.cornell.edu/uscode/text/8/1613

8 USC § 1613 - Five-year limited eligibility of qualified aliens for Federal means-tested public benefit

(a) In general

Notwithstanding any other provision of law and except as provided in subsections (b), ©, and (d) of this section, an alien who is a qualified alien (as defined in section 1641 of this title) and who enters the United States on or after August 22, 1996, is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”.

Here is a simple explanation from two lawyers from the National Immigration Law Center (an immigrant advocacy legal non-profit organization): http://www.nilc.org/overview-immeligfedprograms.html

The major public benefits programs have always prevented some noncitizens from securing assistance. Since the inception of programs such as food stamps (now called the Supplemental Nutrition Assistance Program, or SNAP), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF) and its precursor, Aid to Families with Dependent Children (AFDC), undocumented immigrants and persons in the United States on temporary visas have been ineligible for assistance. However, the 1996 federal welfare and immigration laws[1] introduced an unprecedented new era of restrictionism. Prior to the enactment of these laws, lawful permanent residents of the U.S. generally were eligible for assistance in a similar manner as U.S. citizens. Thereafter, most lawfully residing immigrants were barred from receiving assistance under one of the major federal benefits programs for five years or longer. Even where eligibility for immigrants was preserved by the 1996 laws or restored by subsequent legislation, many immigrant families hesitate to enroll in critical health care, job-training, nutrition, and cash assistance programs due to fear and confusion caused by the laws’ chilling effects. As a result, the participation of immigrants in public benefit programs decreased sharply after passage of the 1996 laws, causing severe hardship for many low-income families who lacked the support available to other low-income families.[2]

This is from the state of Washington: http://www.dshs.wa.gov/manuals/eaz/sections/CitizenshipAndAlienStatus/CitizenshipImmEligResTanfMed.shtml

WAC 388-424-0010 Citizenship and alien status - Eligibility for TANF, Medicaid, and CHIP.

3. A “qualified alien” who first physically entered the U.S. on or after August 22, 1996 cannot receive TANF, Medicaid, or CHIP for five years after obtaining status as a qualified alien unless the criteria in WAC 388-424-0006 (4) are met.

From another lawyer: http://www.pravasiherald.com/index.php/pravasih/comments/what_public_benefits_are_available_to_immigrants/

Also, immigrants who have been in the United States for less than 5 years are generally not eligible for food stamps, Temporary Assistance for Needy Families (TANF), Medicaid, State Children’s Health Insurance Program (SCHIP), and Supplemental Security Income (SSI).

Edited October 15, 2012 by aaron2020

[ca_babe 129]

Thanks for the info. i will call monday and hear what they have to say

Did you call them to find out if you are eligible? Emergency medicaid doesn't cover postpartum checkup. It doesn't cover well-baby exams as well which is very often during the first 2 years.

From the link below, it looks like you're qualified to receive full Medicaid.

http://info.dhhs.sta...n/MA2504-03.htm

5. Qualified alien pregnant women and children under age 19 lawfully residing in the US who have not met the 5-year disqualification period (bar) are exempt from the 5-year mandatory disqualification period (bar) and may receive full Medicaid if otherwise eligible. See IX. below.

http://info.dhhs.sta...3.htm#TopOfPage

However, this link doesn't exempt prenatal benefits from sponsor deeming. So, your sponsor is on the hook if you do receive benefits except for the delivery itself as it falls under: Any alien eligible only for emergency coverage;

aaron2020 already provided you with information. I just added the information from North Carolina because that's where you are.

Edited October 15, 2012 by ca_babe

[ca_babe 129]

I only know this: I got CHIP Perinatal here in Texas without any issues. You should go and apply for something similar in your state. Believe me, being pregnant makes a difference. We would not qualify for Medicaid or similar state programs, if we were not pregnant, but prenatal care is for the health of the baby, who is a future USC.

Don't let people confuse you, just go to your local social services office and see what is available and apply. If you are not eligible, they won't approve you.

From the links that I have provided above, she is eligible to apply for medicaid but her sponsor would be on the hook for it. Just like you said, you got your prenatal care from CHIP Perinatal which is not the same as Medicaid. I haven't found anything similar in North Carolina and the closest that I've found is the PCIP insurance which the OP doesn't seem to be interested in. If you have found any similar programs in North Carolina kindly let the OP know.