Can immigrants receive Medicaid?
I was at the eye doctor yesterday and my doctor asked me whether or not immigrants can receive Medicaid. This is a question I hear a lot. The answer to the question depends on a person's legal status in the United States, the date he or she entered the United States and the person's income. 
Medicaid is a joint federal-state program that provides health insurance coverage to certain categories of low-income individuals, including children, pregnant women, parents of eligible children, seniors and people with disabilities. Each state administers its own Medicaid program. In California, the name of the program is Medi-Cal. In general, it is a program for people who have limited income and no health insurance or poor health insurance. There are various criteria for eligibility including age, pregnancy, disability, blindness, income and resources, and one's status in the United States. This blog post will focus on the legal status aspect.
First, in order to receive Medicaid, you have to be what is called a "qualified immigrant." Qualified immigrants include the following: 1) lawful permanent residents (green card holders); 2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the United States for at least one year; 3) Cuban/Haitian entrants; 4) battered spouses and children with a pending or approved a) self-petition for an immigrant visa, or b) immigrant visa filed for a spouse or child by a U.S. Citizen or lawful permanent resident, or c) applicant for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. A parent/child of a battered child/spouse are also "qualified." Victims of trafficking are not included in the "qualified" definition but they and their derivative beneficiaries are eligible for benefits funded or administered by federal agencies, without regard to their immigration status. Any non-citizen who does not fall under one of those preceding categories would not be eligible for Medicaid.
Eligibility for qualified immigrants also depends on the date the person entered the United States. If the immigrant entered the U.S. prior to August 22, 1996, he or she is eligible for Medicaid.
If the immigrant entered the United States on or after August 22, 1996, then only the following categories of qualified immigrants may receive Medicaid: 1) Refugees, asylees, persons granted withholding of deportation/removal, Cuban/Haitian entrants or Amerasian immigrants; 2) lawful permanent residents who have been in "qualified" immigrant status for 5 years or more; 3 ) veteran, active duty military; spouse, un-remarried surviving spouse, or child (without regard to status in U.S.); 4) children receiving federal foster care; and 5) victims of trafficking.
Again, aside from the legal status of the individual, the government will consider the financial resources of the immigrant and if he or she was a sponsored immigrant (an affidavit of support was filed), the sponsor's income/resources may be added to the immigrant's in determining eligibility.
Receipt of Medicaid does not cause an immigrant to be subject to the public charge grounds of inadmissibility or removal from the United States.
If you would like more information about immigrant eligibility for public benefits, the National Immigration Law Center is an excellent resource. They have many publications about public benefits available on their website. One of the best publications is a chart which summarizes the various types of benefits and the categories of immigrants that are eligible for them: Immigrant Eligibility for Federal Programs.
They also have a chart which lists the benefits specifically available to persons living in California: Major Benefit Programs Available to Immigrants in California.
