Immigrant Eligibility for Publicly Funded Health Care Benefits - THREATENED CHANGES SEPTEMBER 2018

Sept.23, 2018 ALERT - Trump Proposes Harsh "Public Charge" Rule Changes 

On Sept. 22, 2018, the the Department of Homeland Security (DHS) issued a press release and the text of the highly anticipated public charge rule. which will change the definition for deciding whether an immigrant  who receives Medicaid or other government benefits is considered a "public charge" -- which can result in denial of Lawful Permanent Resident status (green card),  denial of an extension of a non-immigrant visa,  deny a change  of non-immigrant status (e.g., from a student visa to an employment visa), or deny admission to the U.S. Public charge is not a consideration when a lawful permanent resident applies to become a citizen.

The rule is likely to be published as a proposed federal regulation in the next few days, and then will be open for public comment for 60 days.   

See this quick summary of the proposed rule by Protecting Immigrant Families Campaign #ProtectFamilies, a national coalition led by the National Immigration Law Center.   See their news page for press about the proposed rule.  Here are some points from the NILC summary: 


New York’s Exchange Portal: A Gateway to Coverage for Immigrants, published 9/14/15, by Empire Justice Center reviews current rules on eligibility and describes how immigrants can access health care through NYSof Health portal, including for emergency care for those who are undocumented and not PRUCOL.   

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. (LINK WILL BE UPDATED)

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 or 1-855-355-5777

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

Article ID: 25
Last updated: 07 Dec, 2018
Revision: 16
Immigrant Access -> Immigrant Eligibility for Publicly Funded Health Care Benefits - THREATENED CHANGES SEPTEMBER 2018