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Immigrant Eligibility for Publicly Funded Health Care Benefits

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Posted: 06 Mar, 2009
by Cathy Roberts (Empire Justice Center)
Updated: 03 May, 2017
by Valerie Bogart (New York Legal Assistance Group)

2017 ALERT -   As of May 3, 2017, the Trump Administration has not changed the law on immigrant eligibility for Medicaid or other public benefits and has not changed the rules on when someone who receives Medicaid or other government benefits is considered a "public charge" or is  at risk of removal or being denied admission to the U.S. However, a leaked draft of an Executive Order has raised some concerns.  See this Fact Sheet by The Legal Aid Society about this draft of the Executive Order regarding "public charge."  Also see:


The Community, Migrant & Homeless Health Center Handbook on “Immigrant Eligibility for Publicly Funded Health Care Benefits,” written by Empire Justice Center's senior staff attorney Barbara Weiner, in collaboration with CHCANYS (the Community Health Care Association of New York State) and the Immigrant Eligibility Coverage Workgroup, is available here.

The Empire Justice Center maintains  several handy references on immigrant eligibility:

Click here for an interactive Marketplace eligibility questionnaire, designed to help enrollment assistors and consumers better assess their potential eligibility for Marketplace coverage based on immigration status, age and income. This questionnaire is not an official assessment of eligibility. To receive an official determination of eligibility contact the New York State of Health Marketplace at http://www.nystateofhealth.ny.gov or 1-855-355-5777

  • This tool was created jointly by the Children's Defense Fund - New York, the Empire Justice Center, and the Community Service Society through their work in the Health Care for All New York coalition.

Note - please see 2013 updates re PRUCOL status for people applying for or granted DACA status in this article.

Also read
item Medicaid for Immigrants who are Not Permanent Residents (Do Not have "Green Cards")-- PRUCOL Status and Procedure
item Emergency Medicaid in New York State - Limited Medicaid Coverage for Undocumented Immigrants - Changes 2013
item The Language Access Resource Center - Empire Justice Center
item Temporary Protected Status (TPS) and Public Health Insurance
item Cancer Treatment under Emergency Medicaid
item Empire Justice Center Reports on Immigrant Access to Health Care in NY's Health Insurance Exchange
item Know Your Rights: NYLAG Webinars on Medicare and Medicaid -

Also listed in
folder Medicaid -> Immigrant Access

External links
http://www.wnylc.com/health/client/images/icons/article_out.svg Immigrant Eligibility for Publicly Funded Health Care Benefits (Empire Justice/CHCANYS/IECW)
http://www.wnylc.com/health/client/images/icons/article_out.svg Guide to Public Benefits for Immigrants (Public Advocate / NYIC)

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