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Filed: Timeline
Posted

Guys I did a call this morning to a hospital near Orando fl, explained tje case and tell them we do not have inssurane and we don't expect to have medicaid, they said you can come any time will give you 65% discount and if emergency it can be free, expected cost after discount if we do not go to emergency is around 3k $ for normal delivery.

It is community hoslital, do you think guys this is good option and we should go this way !!

Thanks

Filed: K-1 Visa Country: Wales
Timeline
Posted

I know regular Medicaid is recoverable from your Estate, does that apply to Emergency Medicaid?


Also I heard if you deliver our newborn abroad we still can give him green card when returning to the states as long as he still infant below 2 years, do you think guys it is an option or doing the delivery in the states worth the expenses ?

How did you get your GC?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

I know regular Medicaid is recoverable from your Estate, does that apply to Emergency Medicaid?

How did you get your GC?

My friend in Florida with similar case got the Medicaid rejected 2 times, they told him you can go for emergency in some hospitals for free depending if the case considered as emergency case.

I got it through DV Lottery, also my friend the same.

Filed: Timeline
Posted

You likely need to have some sort of proof that you're residing there.

'

Technically you are required to be RESIDENT in the state of application for Medicaid and CHIP.

However, each state files an SPA Standards document with HHS every year attesting to their METHODS for a wide variety

of things from Residency to Income Verification.

You can read these on MEDICAID.GOV as they are all PUBLIC DOCUMENTS.

CA wants proof of residency for instance.

NY accepts stated residency with an address in state

and then there is everything in between but many medicaid pay-per-service and medicaid managed care plans (compulsory) force geographic service limitations..

It also shows to their of their integration with IRS, Motor Vehicle, New Hire DB in-state, and other data sources they intend to use...

essentially its the states' declaration of verification methods they'll use.

Filed: Timeline
Posted (edited)

My friend in Florida with similar case got the Medicaid rejected 2 times, they told him you can go for emergency in some hospitals for free depending if the case considered as emergency case.

I got it through DV Lottery, also my friend the same.

REJECTION letter "might" speed up your app - but if SAVE is up and Healthcare.gov working, the state CHIPRA s214 guidelines are written into the code and it will know your immigration COS and that you can't get full scope medicaid and make you eligible for exchange plans. Healthcare.gov will run SAVE database for most states and take your COS code from your LPR status and the date of issue. The logic in many states will realize you are not eligible for medicaid and auto-forward you to an exchange plan with a big subsidy. Meanwhile they would often refer the pregnant party for emergency medicaid enrollment (emergency medicaid immi status doesnt matter).

When you fill out application on HEALTHCARE.GOV ---- one question it will ask if HAVE YOU BEEN REJECTED FOR MEDICAID for an IMMIGRATION REASON?

ACA has a failsafe written in to protect immigrants under 100% (133% in expansion states) of Federal Poverty Line who cannot qualify for medicaid for immigration reasons..... Normally the ACA Tax Credit (APTC) requires income to be above this threshold..... so OP gets the bypass.

OP - what is your monthly income & estimated annual income -- (sorry to ask - you can private message it if you want) -- you need it to calculate your anticipated tax credit... the online calculators won't work for you if you're under 100% FPL because they'll say you qualify you for medicaid.

In ACA under 100% FPL --- 2% of Modified Adjusted Gross Income (MAGI) divided by 12 is your monthly healthcare contribution (if you meet the other required for exception)..... and the spread to the 2nd lowest cost silver plan costs becomes pre-paid on your premium....

Also you can get silver plans but have the deductible drop often to 0 - 500$ range (instead of 5k+) and out of pocket max often 500-1500 when 0 - 100% FPL..... again, it was an ACA failsafe that was lobbied for by pro immigrant organizations and slid threw.

Edited by asisflyer
Filed: Timeline
Posted (edited)

I know regular Medicaid is recoverable from your Estate, does that apply to Emergency Medicaid?

How did you get your GC?

For Full Scope Medicaid -- the estate recovery applied to 55 and older (non disabled). Also above a certain age eligibility shifts from MAGI to Non-MAGI meaning from adjusted gross income with no asset focus to a focus on asset standards as well and potential estate recovery.

Emergency Medicaid bypasses all of this..... there is no recovery for the Emergency Medicaid products....

Edited by asisflyer
Filed: K-1 Visa Country: Wales
Timeline
Posted

Does not the DV need you to show you can support yourself?

Income and probably assets come into play.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

Does not the DV need you to show you can support yourself?

Income and probably assets come into play.

DV doesn't require i-864 but is subject to public charge. However, medicaid (exc. long term institutional) is not considered for public charge arguments.

The specific issue is whether State of FL has written their SPA to grant DV early access to full scope medicaid using state money.

I would have to look into that to know...

OP needs to apply using HEALTHCARE.GOV and it will ask his I-551 # and Alien # and Date of Status and for his wife/friend.

It will determine the status versus its decision matrix and route/disposition appropriately.

His biggest frustration may be that as a new DV without credit report, he may not be able to verify himself with the credit questions as easily as others and may have to apply the slow way.

Edited by asisflyer
Filed: Timeline
Posted

It varies by state. In some states, they give pregnancy-only Medicaid without regard to status, e.g. illegal immigrant pregnant women can get it.

Emergency Medicaid is available to any and all immigration statuses / undocumented / etc in all states - as its a federal mandate bypassing the 1996 PRWORA standards.....

“Emergency medical condition” is defined at §1903(v)(3) of the Social Security Act
(“SSA”) (42 U.S.C. §1396b(v)(3)) as a medical condition (including emergency labor and
delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain)
such that the absence of immediate medical attention could reasonably be expected to result
in (1) placing the patient's health in serious jeopardy, (2) serious impairment to bodily
functions, or (3) serious dysfunction of any bodily organ or part
PROWORA 96 - sets forth the long laundry list of statuses for full scope medicaid with federal matching funds...
end of day, states file SPA to change their plans and each carves them a little different and % of the money sources varies with exact situations....
For instance CHIPRA section 214 for pregnant LPR under 5 years not otherwise qualified for medicaid by COS, the state would get an ENHANCED RATE of payment for medical care if adopted ... which would continue through 60 days post-partum. After the 60 days, federal money would drop to 0 as would federal qualification..... then it would be 100% state/county money.... CA would keep them on post-partum at state expense and other states would drop ....
i know.. TMI..
Filed: Timeline
Posted

It varies by state. In some states, they give pregnancy-only Medicaid without regard to status, e.g. illegal immigrant pregnant women can get it.

1. All states have emergency medicaid for any status. Federal law.

2. Some states offer limited-scope PRE-NATAL + DELIVERY program by immigration status either by SPA to HHS - or by a separate state plan.

varies too widely. no set answer.

3. 16 states offer LPR < 5 years (non-refugee/etc) PRE-NATAL, DELIVERY, POST to 60 days Medicaid as per CHIPRA s214 (16 states).. No deeming/No billback as per federal law and states are banned from trying to recovery section 214 funds !!!!

4. Some states cover pregnant and non-pregnant LPR under 5 years using State/Local funds to make up where federal funds don't cover....... and some of these states cover PRWORA96 statuses.... and some go much much further...1 even allows approved I-130 pending consulary processing full access to facilitate visitors and undocumented with immigrant petitions pending from family members........

Filed: K-1 Visa Country: Wales
Timeline
Posted

Without knowing his finacial situation allk of this is conjecture, sounds like he has money.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Without knowing his finacial situation allk of this is conjecture, sounds like he has money.

He could be a millionaire but if his UNEARNED + EARNED INCOME is still a Medicaid qualifier, new MAGI rules approve him.

Under 55 -- MAGI rules applies.... no asset questions.

A lot of cases of wealthy getting medicaid on healthcare.gov applications and being shocked about it...... but alas, those new rules were approved to streamline applications by shifting to things that are electronically verifiable in real-time..

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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