Medicaid for Green Card Holders

[JohnL 4]

There has been a lot of discussion on this. We have our mother in law covered on ACA for $208 a month. Here is the latest USCIS fact sheet. Apparently, green card holders have a lot more benefits available to them.

http://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

Best,

John

[jan22 2,912]

Be very cautious on something like this. There are multiple laws and regulations that come to bear on this -- being a Public Charge is just one of them. Just because you do not have to worry about being a Public Charge does not mean that under the immigration laws/I-864 regulations that you qualify for a specific program. There are parts of programs (such as Medical in California) that a new green card holder would qualify for -- there are others they would not. Any program that is "means-tested" based (i.e., whether you qualify for it and how much you pay are determined by your income) cannot be used by a green card holder until they have been in the US for at least 5 years per the I-865 requirements. Programs will sign up people -- they do not have knowledge of all the immigration requirements and assume that a green card is a green card. However, if the program is used and pays out for care, and the green card holder does not actually qualify for it, the sponsors/co-sponsors on the I-864 become liable for repayment of the amount spent.

Be sure you are checking whether a program is means-tested before signing up for it for -- if it is, it can't be used by a new immigrant for five years, even though it doesn't make them a Public Charge.

[belinda63 2,981]

"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."

The term "public charge" in the source you keep quoting is defined above (from the same source). It does not mean an LPR is eligible to receive these benefits nor does it mean the I-864 will not be used to obtain repayment.

[waiting sucks 3]

This topic really confuses me. I have heard that new green card holders qualify for NY state medicaid. However, I keep reading differing opinions on what makes an individual a public charge.

[belinda63 2,981]

A public charge is only used to determine if a person is eligible to obtain a visa. They will be denied if determined to become a public charge. This has NOTHING to do with what benefits an LPR is or is not eligible to receive or what benefits, if they receive them, the sponsor could be forced to pay back.

If it is a means tested benefit it could come back to the sponsor. Read th.e I-864,

Check this link http://www.nilc.org/table_ovrw_fedprogs.html

Edited February 5, 2014 by belinda63

[sbm7 0]

Anymore input on this? I am really really confused also. Here is what I found so far, they are conflicting each other. My parents are thinking moving to US with me.

1. I called NY affordable health act, the lady said my parents are over 65. They can apply for medicare.

2. I called NY Medicaid, the genetleman said my parents over 65 low income can automatically eligible for medicaid.

3. I used to heard that they cannot apply for medicaid for 5 years after getting green card, if not that would affect their citizenship process and I might have to pay it back.

4. All three above conflicting each other.

I defintiely want to do it legal way. Of course, if I have to pay for their medical here, so be it. But if they quality legally for medicaid, why not. But so far everybody is giving different opinion on it.

[sbm7 0]

So, I found more info that on government website conflicting itself

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

"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.

...

• 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

"

and on the other hand, the I864 link

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Means Tested Public Benefits

Federal means tested public benefits are the following:

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits.

So, I guess my answer is, yes, you can apply for it. But you have to pay every single dime back and don't think about getting citizenship if you are on medicaid first 5 years.

[belinda63 2,981]

1. The will probably never qualify for Medicare. You have to work 40 qualifying quarters to qualify.

2. As immigrants they will not qualify for Medicaid for the first five years with the exception of emergency Medicaid (threat to life or limb). If, for some reason they obtain it, you might be required to pay it back.

Perhaps it is the information you are providing when you ask the questions...are you stating they are immigrating to the US and have never lived here and that they will be permanent residents? Or it could be an issue of the person not being familiar with immigrants and the benefits allowed.

As I tried to explain previously there is a difference between "becoming a public charge" and "means-tested benefits". The definition of becoming a public charge is used to determine if the person qualifies for an immigrant visa or green card. If it is determined the person will become a public charge the immigrant visa/green card will be denied.

Once they have the green card they are not permitted to receive means-tested benefits. If they do the sponsor can be required to repay the government.

Edited April 28, 2014 by belinda63

[jons_wifey 19]

Lets just say that when I was PREGNANT AND a GC holder at the time, in the state of TEXAS, my whole pregnancy was covered by Medicaid, the state of TX will not DENY a pregnant lady NO MATTER their STATUS....

[belinda63 2,981]

Pregnancy is an emergency situation, I just didn't mention this earlier since he was referring to his parents and I figured they wouldn't be producing any additional offspring. You cannot be denied for emergencies. There is a gray area as to where a pregnancy is allotted; if it is to the immigrant or to the USC child.

Edited April 28, 2014 by belinda63

[jons_wifey 19]

Pregnancy is an emergency situation, I just didn't mention this earlier since he was referring to his parents and I figured they wouldn't be producing any additional offspring. You cannot be denied for emergencies. There is a gray area as to where a pregnancy is allotted; if it is to the immigrant or to the USC child.

I guess, but i also reckon it's based on the STATE as well...'

But I'm staying out of this convo, I have good medical benefits thru my employer (others aren't so lucky)..and I will be adding my parents to the plan at a minimal cost

[Merrytooth 5,748]

I guess, but i also reckon it's based on the STATE as well...'

But I'm staying out of this convo, I have good medical benefits thru my employer (others aren't so lucky)..and I will be adding my parents to the plan at a minimal cost

Your employer's medical plan could cover parents too?

Most employer's medical plan only cover spouse and children only.

[jons_wifey 19]

yep i already inquired thru my employer

[aaron2020 11,651]

Lets just say that when I was PREGNANT AND a GC holder at the time, in the state of TEXAS, my whole pregnancy was covered by Medicaid, the state of TX will not DENY a pregnant lady NO MATTER their STATUS....

Hi,

Suggest you research how pregnant women and children under 19 are treated for Medicaid eligibility.

[jons_wifey 19]

Hi,

Suggest you research how pregnant women and children under 19 are treated for Medicaid eligibility.

no i don't HAVE to...it's done, dusted...