New Healthcare Requirements for US Immigrants

[Karim2018 99]

11 hours ago, geowrian said:

Medi-Cal for new immigrants is funded through the state, not federal funds (which is what is banned).

How would you interpret this then? "Medi-Cal is California's Medicaid health care program. This program pays for a variety of medical services for children and adults with limited income and resources. Medi-Cal is supported by federal and state taxes." Directly from : https://www.dhcs.ca.gov/services/medi-cal/pages/whatismedi-cal.aspx

[zwang 3]

11 hours ago, 90DayFinancier said:

This thread needs to be merged with the existing thread on healthcare requirements at the interview, we are covering a lot of the same ground.

 

Can you point me to the thread on healthcare requirements at the interview? I tried for 30 minutes and couldn't find it. Thank you!

[HRQX 4,145]

3 minutes ago, Karim2018 said:

How would you interpret this then? "Medi-Cal is California's Medicaid health care program. This program pays for a variety of medical services for children and adults with limited income and resources. Medi-Cal is supported by federal and state taxes." Directly from : https://www.dhcs.ca.gov/services/medi-cal/pages/whatismedi-cal.aspx

When the individual is eligible to receive federal Medicaid funds it's both state and federal. Before that it's only state funds: https://www.dhcs.ca.gov/services/medi-cal/eligibility/Pages/Medi-CalFAQs2014b.aspx "A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under current Medi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years."

[Karim2018 99]

5 hours ago, Jorgedig said:

If you have access to an employer-based plan, that is preferable over taking up resources like Medi-Cal.  

I agree, but none of us here (I think) is qualified to answer this question simply because we do not have all the facts/guidance needed to make the right decision on this matter.

[geowrian 22,336]

8 minutes ago, Karim2018 said:

How would you interpret this then? "Medi-Cal is California's Medicaid health care program. This program pays for a variety of medical services for children and adults with limited income and resources. Medi-Cal is supported by federal and state taxes." Directly from : https://www.dhcs.ca.gov/services/medi-cal/pages/whatismedi-cal.aspx

Federal (+ state) funds are used for those eligible for Medi-Cal/CA. State-only funds are used for those with the 5 year bar on federal funds.

 

https://www.coveredca.com/individuals-and-families/getting-covered/immigrants/

https://health-access.org/wp-content/uploads/2013/09/cpehnimmigrantcoveragemedi-cal.pdf

 

 

Edited October 30, 2019 by geowrian

[SalishSea 16,992]

2 minutes ago, Karim2018 said:

I agree, but none of us here (I think) is qualified to answer this question simply because we do not have all the facts/guidance needed to make the right decision on this matter.

It is my opinion, and offered as a global statement.  

[SalishSea 16,992]

Here is info for Washington state "Apple Health," in case anyone needs it: 

 

https://www.hca.wa.gov/health-care-services-supports/program-administration/citizenship-and-immigration-status-general

[90DayFinancier 910]

36 minutes ago, zwang said:

 

Can you point me to the thread on healthcare requirements at the interview? I tried for 30 minutes and couldn't find it. Thank you!

Looks like the mods merged them. You are here.

[90DayFinancier 910]

Latest on this topic from Natl Law Review. The guidance is underlined below

 

https://www.natlawreview.com/article/new-presidential-proclamation-requiring-health-care-immigrant-visa-applicants

 

New Presidential Proclamation Requiring Health Care for Immigrant Visa Applicants Effective November 3, 2019

Monday, October 28, 2019

On Oct. 4, President Donald Trump signed a new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System,” which goes into effect Nov. 3 and affects most immigrant visa applicants. This Presidential Proclamation is separate from the Public Charge Rule, which is on hold in the U.S. due to a court injunction, and its implementation at U.S. Consulates has been delayed by the Department of State.

According to the new Presidential Proclamation, with very small exceptions including refugees and asylees, applicants for immigrant visas will need to present evidence to the consular office “to the consular officer’s satisfaction” at the time of their immigrant visa interview that they will be covered by approved health insurance within 30 days of entering the U.S. or that they have enough financial means to pay for “reasonably foreseeable medical costs.” The Presidential Proclamation asserts that “lawful immigrants are about three times more likely than United States citizens to lack health insurance.”

The DOS has updated its website with instructions on how they will be implementing the new rules for all immigrant visa applicants with interviews on or after Nov. 3 (See https://travel.state.gov/healthcare). The Department of State has advised that inability to meet this requirement will result in the denial of the visa application and further indicated on its website that “Officers will review the medical and financial documentation that is already part of the applicant’s case file and may request additional information or documentation as needed.” Therefore, prior to the visa interview, applicants may wish to review costs and eligibility requirements for approved health insurance plans or consider how they would pay for the reasonably foreseeable medical costs of any current medical condition they may have.

Approved health insurance, as indicated in the Presidential Proclamation, includes employer-sponsored health plans, including retiree plans; unsubsidized health plans offered in the individual market within a State; short-term, limited duration health plans effective for a minimum of 364 days or until the beginning of planned, extended travel outside the United States; catastrophic plans; coverage by a family member’s health plan; U.S. military health plans, including TRICARE; visitor health insurance plans with adequate medical coverage for a minimum of 364 days or until the beginning of planned, extended travel outside the United States; medical plans under the Medicare program; any other health plan with adequate coverage as determined by the Secretary of Health and Human Services. For individuals over the age of 18, approved health insurance does not include coverage under the Medicaid program

 

 

According to Law360, two Senate Democrats have urged President Trump to stop this proclamation from going into effect. Like the Public Charge Rule, the Presidential Proclamation may become the subject of litigation. However, as of the publication of this blog post, the Presidential Proclamation is still scheduled to go into effect on Nov. 3, and applicants should be prepared to bring to the interview evidence that they will be covered by approved health insurance upon arrival in the U.S. or that they have enough means to pay for “reasonably foreseeable medical costs.” As such, applicants may seriously consider carrying a copy of their recent bank statements showing enough income to cover medical costs in the U.S. or a copy of their health insurance card and information about their health insurance policy confirming that their plan provides adequate coverage.

As we are still unsure how consular offices will be handling the new rule, and it is solely at the U.S. Consular Officer’s discretion to determine if the applicant has enough financial means to pay for any “reasonably foreseeable medical costs” or that the applicant will in fact be covered by a health insurance within 30 days of arriving in the U.S., immigrant visa applicants are well-advised to consider carrying evidence of coverage with them, even if they think they might be exempt from this rule.

Co-Author Bianca Pipala is Not admitted to the practice of law.

 

[Mrs.Ajofotan 2]

On 10/4/2019 at 7:29 PM, SusieQQQ said:

Immigrant visa applicants will have to demonstrate that they will be covered by health insurance within thirty days of entering the country or have the financial resources to pay for medical costs.  Details below:

 

https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-protecting-healthcare-benefits-american-citizens/

 

How will we prove they will he covered. I will add my fiance to my insurance as soon as he is here and we have married, but how will I prove that? 

[HRQX 4,145]

19 minutes ago, HollyVZ said:

How will we prove they will he covered. I will add my fiance to my insurance as soon as he is here and we have married, but how will I prove that? 

It doesn't apply to nonimmigrant visas (i.e. K-1): https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html "except:" "Applicants for K fiancé(e) visas"

Edited October 30, 2019 by HRQX

[Mrs Ryan Carreras 247]

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

 

By this Proclamation, are K1 visas than exempt from this ? Or am I reading it incorrectly ? 
 

[Bill Hamze 89]

20 hours ago, Bill Hamze said:

Question:

 

We know that immigrants are not eligible to buy a subsidized health plan offered by the exchanges. 

 

But what if the petitioning spouse has a subsidized plan? Can the spouse simply add the immigrant to "coverage by a family member’s health plan" even if it is subsidized?

 

I bolded the two bullet points below to draw the distinction I'm asking about.

 

 

• Employer-sponsored health plans, including retiree plans
• Unsubsidized health plans offered in the individual market within a State
• Short-term, limited duration health plans effective for a minimum of 364 days or until the beginning of planned, extended travel outside the United States
• Catastrophic plans
• Coverage by a family member’s health plan
• U.S. military health plans, including TRICARE
• Visitor health insurance plans with adequate medical coverage for a minimum of 364 days or until the beginning of planned, extended travel outside the United States
• Medical plans under the Medicare program
• Any other health plan with adequate coverage as determined by the Secretary of Health and Human Services

 

Can anyone kindly answer my question above? Thanks in advance! 

[Mrs.Ajofotan 2]

1 hour ago, Sarah n Ryan said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

 

By this Proclamation, are K1 visas than exempt from this ? Or am I reading it incorrectly ? 
 

I believe that is correct because it's a non-immigrant Visa.

[90DayFinancier 910]

2 hours ago, Sarah n Ryan said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

 

By this Proclamation, are K1 visas than exempt from this ? Or am I reading it incorrectly ? 
 

It seems explicit for the excluded classes:

Applicants for K fiancé(e) visas and other aliens entering the United States without an immigrant visa, including lawful permanent residents, refugees, and asylees.