Medi-Cal or Covered California on a CR-1 visa, public charge?

[BLM 0]

Hi everyone,

 

Is enrolling with Medi-Cal (California's Medicaid) health insurance considered a public charge? I'll need to do a ROC in about 2 years, will it interfere with that? Should I go with Covered California instead? 

 

TIA

Edited May 7, 2020 by BLM
typo

[HRQX 4,145]

1 hour ago, BLM said:

Is enrolling with Medi-Cal (California's Medicaid) health insurance considered a public charge?

CA Medi-Cal uses state funds for new LPRs, not federal. So it's not a federal means-tested benefit. https://www.dhcs.ca.gov/services/medi-cal/eligibility/Pages/Medi-CalFAQs2014b.aspx "Can green card holders, including those who have lived legally in the US for fewer than 5 years, enroll in Medi-Cal?" section

Edited May 7, 2020 by HRQX

[Amigo911 1]

On 5/6/2020 at 7:13 PM, HRQX said:

CA Medi-Cal uses state funds for new LPRs, not federal. So it's not a federal means-tested benefit. https://www.dhcs.ca.gov/services/medi-cal/eligibility/Pages/Medi-CalFAQs2014b.aspx "Can green card holders, including those who have lived legally in the US for fewer than 5 years, enroll in Medi-Cal?" section

 

Being able to enroll under 5 years is not the same as it wouldn't be counted as public charge.  

I wish the FAQ page would clarify whether new LPRs would be reported to the Feds for accepting Medi-Cal.  

 

Edited May 27, 2020 by Amigo911

[HRQX 4,145]

10 minutes ago, Amigo911 said:

Can you provide clear evidence that Medi-Cal is not a federal means-tested benefit?

USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10 "If Medi-Cal is provided to the alien under a state-only authority at no expense to the federal government, it is not considered in the public charge inadmissibility determination."

Edited May 27, 2020 by HRQX

[Villanelle 4,121]

3 minutes ago, Amigo911 said:

 

Being able to enroll under 5 years is not the same as it wouldn't be counted as public charge.  

Can you provide clear evidence that Medi-Cal is not a federal means-tested benefit?  

 

There is no public charge determination at ROC, nor at naturalization. Public charge determination is only done when you first get the greencard. So its not a matter of public charge but rather if its considered a federal means-tested benefit- because if it is your sponsor may be asked to pay it back. As posted the Medi-Cal program is funded by the state and is allowed to be used by LPRs <5yrs with no consequences to the sponsor. 

[Amigo911 1]

4 minutes ago, Villanelle said:

There is no public charge determination at ROC, nor at naturalization. Public charge determination is only done when you first get the greencard. So its not a matter of public charge but rather if its considered a federal means-tested benefit- because if it is your sponsor may be asked to pay it back. As posted the Medi-Cal program is funded by the state and is allowed to be used by LPRs <5yrs with no consequences to the sponsor. 

Sounds good, but can you show where your last sentence comes from?

 

 

[Amigo911 1]

18 minutes ago, HRQX said:

USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10 "If Medi-Cal is provided to the alien under a state-only authority at no expense to the federal government, it is not considered in the public charge inadmissibility determination."

Right below your statement, the page says:

 

However, if Medicaid is listed on the Form I-944 as a received public benefit receipt, it is the burden of the applicant to provide information and documentation that the health insurance is state funded only. USCIS assumes that any Medicaid identified on the Form I-944 is federally-funded Medicaid.

[Amigo911 1]

29 minutes ago, HRQX said:

USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10 "If Medi-Cal is provided to the alien under a state-only authority at no expense to the federal government, it is not considered in the public charge inadmissibility determination."

 

 

Moreover:  "For example, some Medi-Cal services are provided to aliens under a state-only authority at no expense to the federal government."

 

It seems not all Medi-Cal services are provided to alients at no expense to the federal govt.  Only some.  It's not clear to me which ones are.

Edited May 27, 2020 by Amigo911

[HRQX 4,145]

13 minutes ago, Amigo911 said:

Not all Medi-Cal services are provided to alients at no expense to the federal govt.

Correct. Look for "Medicaid Exclusion" section under "Public Benefits Not Considered." Those specific Medi-Cal programs might use federal funds but aren't considered in the public charge inadmissibility consideration.

17 minutes ago, Amigo911 said:

Right below your statement, the page says:

 

However, if Medicaid is listed on the Form I-944 as a received public benefit receipt, it is the burden of the applicant to provide information and documentation that the health insurance is state funded only. USCIS assumes that any Medicaid identified on the Form I-944 is federally-funded Medicaid.

If it's provided to the alien using only state funds, then it doesn't need to be listed on I-944: "To the extent that states give the same name to their Federal Medicaid program and the state-only funded health insurance program, aliens are not required to report the receipt of the state-only funded health insurance. However, if Medicaid is listed on the Form I-944 as a received public benefit receipt, it is the burden of the applicant to provide information and documentation that the health insurance is state funded only. USCIS assumes that any Medicaid identified on the Form I-944 is federally-funded Medicaid."

Edited May 27, 2020 by HRQX

[Villanelle 4,121]

You can also research the specifics on Medi-Cal through its website and general CA policies. I really dont have time to search for the specifics, but I know Medi-Cal has been discussed in length on VJ before. CA is a very immigrant friendly state- they have many programs available to LPRs using state funds. They have also made public statements that they do not presently attempt to recoup from sponsors nor that they ever plan to. For convenience purposes they have one Medicaid program. People that qualify for federal funds have federal funds paying for it, those that dont have the state funds paying for it- its the same program though. Again this can be found searching CA Medicaid directly or even in news articles discussing it. If you have specific concerns I would suggest applying for it and when you do you are given a case worker. They could give you direct information about the benefits you will receive. 

[OHara 2]

Hi @Amigo911 I went over these links, my current application and I have the same questions as you. By any chance, did you get any updates on this research?

In the DHCS website is stated that the Medi-Cal is supported by federal and state taxes, so I am not sure yet how would not be considered public charge (or if the program offered for LPRs is only stated funded).

[Villanelle 4,121]

2. When I applied for Medi-Cal, I checked a box on my application that said that immigration officials know I am here and have not taken steps to deport me. How do I know if that makes me a public charge? California residents can apply for Medi-Cal by mail, online, or in person at their county’s human services agency. The human services agency for the county where the applicant lives will review the application, determine eligibility, and administer the benefits. The “Statement of Citizenship, Alienage, and Immigration Status,” Form MC 13, is part of the Medi-Cal application.2 This form is not an immigration form. The categories on the form were created to help the State of California make decisions about your Medi-Cal. Question 5 of the MC 13 lists 16 different immigration statuses (called “PRUCOL status[es]” on the form). If you qualified for full-scope Medi-Cal by checking the last box in question 5, which says “An alien, not in one of the above categories, who can show that: (1) INS knows he/she is in the United States; and (2) INS does not intend to deport him/her, either because of the person’s status category or individual circumstances,” the State of California pays for your Medi-Cal coverage, not the federal government.3 Using state-funded Medi-Cal will not make you a public charge because it is not part of the public charge test. 3. I can’t remember what PRUCOL category I selected on the MC 13 when I applied for Medi-Cal. How do I know whether I’m receiving federally-funded Medi-Cal or state-funded Medi-Cal? Your immigration status ultimately determines whether you’re eligible for federally-funded Medi-Cal or statefunded Medi-Cal. If you know what immigration status you have, you should be able to figure out what form of Medi-Cal you are receiving. This is because the PRUCOL eligibility category you select on the MC 13 reflects your current immigration status.Here is a list of the immigration statuses for which the State of California could be using federal government funds
to cover your Medi-Cal:4
⚕ Lawful permanent residents (“LPRs,” i.e., people with “green cards”) who have been LPRs for five years
or more
⚕ Refugees, people granted asylum or withholding of deportation/removal, and conditional entrants
⚕ People granted parole by the U.S. Department of Homeland Security (DHS) for at least one year
⚕ Cuban and Haitian entrants
⚕ Certain abused immigrants, their children, and/or their parents
⚕ Certain trafficking survivors
If your immigration status is listed above, the State of California is probably using federal funding to pay for your
Medi-Cal, which counts in the public charge test, but only if you are subject to public charge. Many immigration
statuses and applications do not have a public charge test!
If your immigration status is not listed above, the State of California is required to use California state funds to pay
for your Medi-Cal.5 This state-funded Medi-Cal does not count in the public charge test.

 

https://www.ilrc.org/sites/default/files/resources/medical_in_california_11.2020.pdf

 

Speak to your caseworker if you have additional questions or are still unsure.