Father immigrated to US

[Tom88 0]

Guys,

my father in law immigrated to US and now the sponsor lost their job. we have questions:

We know on DOS webpage it says

Means Tested Public Benefits

Federal means tested public benefits are the following:

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

Is medical a part of Medicaid and its Means Tested Public Benefits?

OR

Is Medicare Means Tested Public Benefits?

Please clarify this as there are conflicting information as we research more......

Thanks Much!

[belinda63 3,047]

Not sure what the sponsor losing their job has to do with your father needing benefits. Medicaid is a means tested benefit. Medicare is medical insurance for someone 65 or older who meets the requirements for having paid into the Medicare system for a number of years or being a qualifying spouse of someone who did.

[Tom88 0]

Not sure what the sponsor losing their job has to do with your father needing benefits. Medicaid is a means tested benefit. Medicare is medical insurance for someone 65 or older who meets the requirements for having paid into the Medicare system for a number of years or being a qualifying spouse of someone who did.

The sponsor was using private health insurance for their father. Sponsor lost their regular job now the father is with no insurance and if he has to go the hospital, sponsor wanted to know father is covered. If the sponsor apply MEDICARE for their over 65 years old father, They want to make sure the government don't come back and ask to reimburse/sue them for the costs of their father's medical expenses. Can sponsor apply Medicare for their father who lives in California?

[milimelo 4,568]

The sponsor was using private health insurance for their father. Sponsor lost their regular job now the father is with no insurance and if he has to go the hospital, sponsor wanted to know father is covered. If the sponsor apply MEDICARE for their over 65 years old father, They want to make sure the government don't come back and ask to reimburse/sue them for the costs of their father's medical expenses. Can sponsor apply Medicare for their father who lives in California?

He can apply but it won't be approved. LPR (father) has to be in the US for 5 years before he'd qualify for assistance.

[belinda63 3,047]

Medicare is only available to persons who are 65+ and who have worked for 10 qualifying years in the US. Jim used to talk about "buying into Medicare" for people who did not meet the requirements but I don't know anything about this. (Edit) if the father has lived legally in the US for 5 or more years he can buy into Medicare by paying the full premium. Go to the US government site for Medicare to obtain more information.

Medicaid is a means-tested benefit and the sponsor could be asked to pay it back.

Private health insurance can be purchased through the ACA exchange within 30 days of the life-changing event (job loss).

Edited August 1, 2014 by belinda63

[Tom88 0]

Medicare is only available to persons who are 65+ and who have worked for 10 qualifying years in the US. Jim used to talk about "buying into Medicare" for people who did not meet the requirements but I don't know anything about this. (Edit) if the father has lived legally in the US for 5 or more years he can buy into Medicare by paying the full premium. Go to the US government site for Medicare to obtain more information.

Medicaid is a means-tested benefit and the sponsor could be asked to pay it back.

Private health insurance can be purchased through the ACA exchange within 30 days of the life-changing event (job loss).

belinda63

Thank you and appreciate your time. The father in-law has been living here in California for less than 12 months now. He is a green card holder. The sponsor is not able to pay monthly cost of $500 for health insurance to cover the father. We did some more research, Yes you are right he (green card holder) is defiantly out of question to get Medicare, Period.

Now the only option left is Medical which in another term it is Medicaid. The GC holder is eligible because he is over 65 and there is no time limit to apply as it states. When he gets approved all his bills will be passed to Medical service, correct? Then do you think one day the government will come back with $100000 bill and ask the sponsor to pay back, I know you used the word ''could'' how many people you are aware that has been knocked down by the government ?

Do you think the government will go to the sponsors employer, IF they find a job in say few months from now and start collecting money from their wages?

[Ian H. 207]

I answered another post a couple of weeks ago about means tested benefits and I was accused of giving "incorrect" info. Therefore, feel free to verify anything I tell you from actual government websites and/or agencies and not simply what people on here would criticize. A lot of people on here don't know about how some of these things work and unfortunately when someone like me, who knows about it says something, they freak out. I will provide links with relevant verifiable info as I did before.

The fact that the sponsor lost his job AFTER your father in law entered the US already helps. The public charge thing is only an issue if the sponsor loses his job before your FIL became an LPR.

(5) Public charge

Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

As for public benefits, that varies by state. There are states that allow LPR's with less than 5 years to apply for medicaid. This is "state funded medicaid" and NY is one the states that do so. You seem to be in CA, so it's possible they allow it also. Regular medicaid (ie not used for long term institution) doesn't count towards the public charge determination anyway, neither do food stamps, housing, unemployment, tuition assistance, among others.

Some states, require the sponsors income to be included in determining whether or not an LPR qualifies for a benefit. This is known as "sponsor deeming" and it's a way to make an LPR with less than 5 years ineligible for some public benefits. What if the sponsor is under the poverty level too, then what? His income can still be counted therefore making that LPR eligible for benefits.

Will the state sue for any benefits received? Here is the straight answer. They can. However, some states like NY, don't go after sponsors even when an LPR receives benefits within 5 years. Like I advised the OP in the other post, you have to find out with the local social services office if they sue the sponsor. Only they can tell you, because only they can sue for benefits issued to an LPR.

Here in NYC, they tell you straight up that receiving benefits will not affect your sponsor or immigration status if you ask, and will tell you what benefits you do and don't qualify for.

Here are some links:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

http://www.cdph.ca.gov/programs/tb/Documents/TBCB-MCalAt-a-GlanceEligibility-3Programs-external1.pdf

http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml

http://www.nilc.org/sponsoredimms&bens-na-2009-08.html

belinda63

Thank you and appreciate your time. The father in-law has been living here in California for less than 12 months now. He is a green card holder. The sponsor is not able to pay monthly cost of $500 for health insurance to cover the father. We did some more research, Yes you are right he (green card holder) is defiantly out of question to get Medicare, Period.

Now the only option left is Medical which in another term it is Medicaid. The GC holder is eligible because he is over 65 and there is no time limit to apply as it states. When he gets approved all his bills will be passed to Medical service, correct? Then do you think one day the government will come back with $100000 bill and ask the sponsor to pay back, I know you used the word ''could'' how many people you are aware that has been knocked down by the government ?

Do you think the government will go to the sponsors employer, IF they find a job in say few months from now and start collecting money from their wages?

Edited August 4, 2014 by Ian H.