Health Insurance/Disability for Immigrants
DACA (Deferred Action for Childhood Arrivals)
Emergency Medical Assistance
- May be available to people with medical conditions manifesting themselves by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably by expected to result in: (A) placing the patient's health in serious jeopardy, (B) serious impediment of bodily functions, or (C) serious dysfunction of any bodily organ or part.
- Available to anyone who isn't otherwise eligible for Medicaid, ie. illegal or legal immigrants, and permanent residents in US less than 5 years. Applicant still has to fall under a Medicaid category -- under 19 yrs old, over 65 yrs old, blind, refugee, has a dependent child under 19 living with them at least 50% of the time, or is disabled. For disabled, the case does get sent to the Disability Determination Bureau and must be awarded a finding of disability.
- Covers dialysis and medications used during dialysis runs, but not other outpatient medications
- Legal immigrants that became a permanent resident prior to August 22, 1996 may apply for Medicaid
- Legal immigrants that lawfully entered the country after August 22, 1996 need to first obtain Permanent Residency Status and then live in the U. S. for 5 years after this status is obtained in order to apply for Medicaid
- Sponsor's income is "deemed" before determining eligibility
- Rules are based on the Personal Responsibility and Work Opportunity Reconciliation Act
- Once a patient becomes a Legal Permanent Resident (and meet age criteria), they are eligible for Medicare, as long as they have been in the country continuously for 5 years immediately before enrollment
- They will likely have a large premium for Medicare Part A. Please note general enrollment period is between January 1st and March 31st each year.
Legal immigrants may be eligible for SSI if:
- They were lawfully living in the United States on August 22, 1996, and are blind or disabled; or
- They were receiving SSI on August 22, 1996, and are lawfully living in the United States; or
- They were lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) and have a total of 40 credits of work in the United States (spouse’s or parent’s work also may count)
- If they entered the United States on or after August 22, 1996, then they may not be eligible for SSI for the first five years as a lawfully admitted permanent resident even if they have 40 qualifying credits of earnings
- Immigrants have 7 years to gain citizenship in order to keep SSI
- Social Security for Non Citizens
Definitions of Immigrant Status
Summary of Immigrant Eligibility Under Current Law