Medicaid for conditional LPR

[JJ89 13]

My wife is an LPR. We live in New York state. She came into the USA as a conditional LPR. Last week she had our baby. We have no received the hospital bill yet, but will be receiving one soon.  I expect it to be in the tens of thousands since she was there for nearly a week and had a c-section. This would be extremely difficult for my wife and I to pay off. We were going to apply for Charity aid, but were told we could not receive it since my wife is eligible for medicaid. 

 

• I have read everywhere that a LPR cannot receive Medicaid until after they were in the country for 5 years.  She just got here about two months ago. 

 

• I also am aware that the co sponsor and I on my wife's I-864 can be taken to court to pay Medicaid back the money that they would pay for the hospital bill if my wife were to get medicaid. 

 

• Lastly we are worried that if she were to get Medicaid that it would affect her when she went to remove conditions next year. We are also worried  that she would not be allowed to re enter the country , if she were to travel home to visit family, due to her using Medicaid. 

 

Can someone please offer clarification on this? Thank you. 

[EM_Vandaveer 2,368]

Can she get Emergency Medicaid for the delivery?

[JJ89 13]

Just now, EM_Vandaveer said:

Can she get Emergency Medicaid for the delivery?

The case worked said that she is not eligible for Emergency Medicaid since she is not "illegal here". That Emergency Medicaid is only for "Illegals"

[EM_Vandaveer 2,368]

Just now, JJ89 said:

The case worked said that she is not eligible for Emergency Medicaid since she is not "illegal here". That Emergency Medicaid is only for "Illegals"

Weird. Maybe it's different for NY state. I'm in TX and had CHIP Perinatal for my first two pregnancies (I was an LPR at the time) but it only covered prenatal care for one of my pregnancies. Emergency Medicaid covered the delivery that time.

[EM_Vandaveer 2,368]

So for I-751 there is absolutely no "public charge" issues. I'd think long and hard about it & take Medicaid if possible, personally. The chances of it ever being recovered by the government, especially as it's in connection of your USC child being born, are extremely low IMHO.

[Eric-Pris 1,602]

The chances of the government coming after the sponsor for this money are slim to none.

[jcra615 53]

2 hours ago, Eric-Pris said:

The chances of the government coming after the sponsor for this money are slim to none.

^^ This is very true, more than people realize.

 

However, there is actually a new move under the current administration towards making some new changes to the public charge definition that could be very harmful, and would potentially exclude people from getting greencards / renewals, including those that use Medicaid. Now, this is still a proposed rule and has not started yet, but it seems likely to. It would be applied retroactively, so it could impact your case. Take a look, there are a lot of details, and I'm not sure about how they would all relate to your case: https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

[millefleur 5,035]

23 minutes ago, jcra615 said:

It would be applied retroactively, so it could impact your case.

Where did you hear it would be applied retroactively? I looked for it on the USCIS link you provided and wasn't able to find that part.

[jcra615 53]

4 minutes ago, millefleur said:

Where did you hear it would be applied retroactively? I looked for it on the USCIS link you provided and wasn't able to find that part.

Retroactively is a bad word, sorry. I'd read that it was that if you had used these benefits in the past, then it would be taken into consideration in future processes.

 

Under the "what factors weigh heavily..." section it says that use of "one or more of the designated public benefits above the threshold within the 36 months immediately preceding the alien’s application" is a factor that weighs heavily on the determination that the individual would become a public charge.

 

Again, I'm not certain on the exact situation of the OP / the details of his case, but I always think it is important for people to keep this proposed rule in mind when considering using a public benefit.

 

Here also is a general fact sheet re: the changes, although its definitely always best to read the USCIS posting for ultimate clarity.

https://www.kff.org/disparities-policy/fact-sheet/proposed-changes-to-public-charge-policies-for-immigrants-implications-for-health-coverage/

[geowrian 22,335]

Emergency Medicaid is not limited to solely those in the US without status. However, it can be limited to those who do not qualify for regular Medicaid.

Medicaid itself not prohibited for an LPR even within the first 5 years. Medicaid is implemented by the state, and requirements vary by state. Federal funds cannot be used, but states can provide Medicaid using their own funds as well. Specifics will matter.

The proposed changes would still not impact ROC. ROC does not look at any public charge issues. Neither does citizenship. The proposed change may impact the ability to financially sponsor others.

[Boiler 43,429]

I thought as a LPR you could get Medicaid from Day 1 in NY.

[Jenny17655 283]

22 hours ago, JJ89 said:

My wife is an LPR. We live in New York state. She came into the USA as a conditional LPR. Last week she had our baby. We have no received the hospital bill yet, but will be receiving one soon.  I expect it to be in the tens of thousands since she was there for nearly a week and had a c-section. This would be extremely difficult for my wife and I to pay off. We were going to apply for Charity aid, but were told we could not receive it since my wife is eligible for medicaid. 

 

• I have read everywhere that a LPR cannot receive Medicaid until after they were in the country for 5 years.  She just got here about two months ago. 

 

• I also am aware that the co sponsor and I on my wife's I-864 can be taken to court to pay Medicaid back the money that they would pay for the hospital bill if my wife were to get medicaid. 

 

• Lastly we are worried that if she were to get Medicaid that it would affect her when she went to remove conditions next year. We are also worried  that she would not be allowed to re enter the country , if she were to travel home to visit family, due to her using Medicaid. 

 

Can someone please offer clarification on this? Thank you. 

I am a navigator for the New York State of Health and she absolutely should have had Medicaid during her pregnancy.  No one is going to sue your sponsor and Medicaid in not considered public charge at this time. I would recommend you go see a navigator immediately 

[USS_Voyager 1,971]

Medicaid is a state specific thing. In my state (Iowa), from my experiences, they deny any LPR that has not been here for 5 years. 

[EM_Vandaveer 2,368]

10 hours ago, geowrian said:

Emergency Medicaid is not limited to solely those in the US without status. However, it can be limited to those who do not qualify for regular Medicaid.

Medicaid itself not prohibited for an LPR even within the first 5 years. Medicaid is implemented by the state, and requirements vary by state. Federal funds cannot be used, but states can provide Medicaid using their own funds as well. Specifics will matter.

The proposed changes would still not impact ROC. ROC does not look at any public charge issues. Neither does citizenship. The proposed change may impact the ability to financially sponsor others.

I thought the same but looked it up and it looks like Emergency Medicaid is only for undocumented in NY state. Really strange.

[Crazy Cat 39,218]

2 minutes ago, EM_Vandaveer said:

I thought the same but looked it up and it looks like Emergency Medicaid is only for undocumented in NY state. Really strange.

In my book, it's insane....and possibly unconstitutional.

Edited February 8, 2019 by missileman