Immigrant Eligibility for Medicaid & other Public Benefits - Public Charge Rule and UKRAINE Update

Updated Immigrant Eligibility for Public Benefits in NYS Chart  

              by Empire Justice Center & NY Immigration Coalition - updated to include Public Charge 

2022 NEWS - Including UKRAINIAN IMMIGRANTS 

1. UKRAINE - 5/26/22 - The federal Office of Refugee Resettlement issued  PL 22-13 Ukrainian Humanitarian Parolees Eligible for ORR Benefits and Services 

   • Expands federal benefits to Ukrainian humanitarian parolees, but not those who are here on a visa (such as a tourist visa),  through a family reunification route, or who received Temporary Protected Status (TPS) (unless there was an underlying humanitarian parole).  

   • How to tell who is a humanitarian parolee - They should have a stamp in their passport indicating they have been paroled for a specific length of time. This includes Ukrainians who come here through the new Uniting for Ukraine program.

   • Benefits include Temporary Assistance for Needy Families (cash assistance), federal Medicaid, Supplemental Nutrition Assistance Program (SNAP), and SSI, as well as other benefits available to refugees.

   • Significance of policy -- Previously, only those paroled for more than a year were eligible for any federal benefits and there was a 5-year wait for those over age 18. (The 5-year wait did not apply for Medicaid in NYS, though, which covers Medicaid during this period).

   • Public Charge warning - if Ukrainian parolees later apply for adjustment of status through a relative or employment petition, receipt of certain federal benefits may be considered likely to make them a public charge.  See more here.  Note that Medicaid does NOT make someone a public charge unless it is for institutional care. 

• Immigrants from UKRAINE may also receive Temporary Protected Status  but only if they came to the US on or before April 11, 2022 and register for TPS status between April 19, 2022 –October 19, 2023.   See TPS info on Ukraine.   For  those who came to the US after that date, humanitarian parole is possible.  TPS status qualifies an individual for NYS Medicaid.  Public charge does not apply if adjusting status through asylum or to benefits received while having TPS status.  Note other countries for whom immigrants are also eligible for TPS. 

2. Undocumented immigrants age 65+ will be eligible for full Medicaid (as opposed to only emergency Medicaid) later in 2022 or early 2023, once approved by CMS (enacted in NYS budget April 2022)

3. Public Charge update - see here 

MORE RESOURCES ON IMMIGRANT ELIGIBILITY FOR HEALTH CARE 

 New York's Exchange Portal: A Gateway to Coverage for Immigrants  (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.   

• Includes an Immigrant Eligibility Crosswalk which gives detailed eligibility information for immigrants for various health programs (2019)

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.

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

NEWS on Public Charge -  Regulations Issued by Trump Administration VACATED March 8, 2021; 1999 Guidance Reinstated  

As of March 9, 2021, the Trump-era Department of Homeland Security (DHS) public charge regulations no longer exist or apply.  Those regulations temporarily changed the definition of who could be denied "adjustment of status" (green card) based on likelihood to become a "public charge."   Now the 1999 Guidance has been reinstated.  DHS is expected to publish a new final rule in July or August 2022 with revised regulations on public charge. 

 On June 3, 2022, the Biden administration updated its Public Charge resource webpage "to ensure that immigrants and their families, many of whom are essential and frontline workers, are not deterred by undue fear or confusion from obtaining access to important government services for which they are eligible to keep their families safe and healthy."

The only benefits that can be considered to make one likely to become a public charge are: (a) ongoing cash assistance for income maintenance including SSI (e.g, not one-shots or  ERAP; and (b) government funded long-term institutional care.   All Medicaid services other than institutional care do NOT make someone a public charge.  For more info about Public Charge and FAQs see USCIS Public Charge Resources.

Also see Protecting Immigrant Families resources - a national coaltion. 

FOR HELP: 

• New York State New Americans Hotline for a referral to an organization to advise you.    212-419-3737    Toll-free in New York State at 1-800-566-7636

Monday-Friday, from 9:00 a.m. to 8:00 p.m.   Saturday-Sunday, 9:00 a.m. to 5:00 p.m.

• Medical providers can call : NYLAG’s LegalHealth hotline: 212.659.6188

• Legal Services NYC intake line at 917-661-4500

• New York Immigration Coalition  state-wide list of legal resources, https://www.nyic.org/providers/