NY Health Access About Us   |   Contact Us Empire Justice Center Legal Aid Society NYLAG WNYLC
Email to friend
Multiple emails allowed. Separate with commas

Confirmation code image

Type the characters in the image above exactly as you see them

Immigrant Eligibility for Publicly Funded Health Care Benefits

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.

This site provides general information only. This is not legal advice. You can only obtain legal advice from a lawyer. In addition, your use of this site does not create an attorney-client relationship. To contact a lawyer, visit http://lawhelpny.org. We make every effort to keep these materials and links up-to-date and in accordance with New York City, New York state and federal law. However, we do not guarantee the accuracy of this information. To report a dead link or other website-related problem, please e-mail us.