medicaid for pregnant woman

[pinay05327 0]

Hello. Hope somebody can help me. I came here 2 years ago on an IR1 visa with co sponsor. We moved from california to Oregon last yr of September. I am receiving WIC just recently and they advised me to enroll for OHP (oregon health plan) or medicaid. I have no insurance and i need help with my prenatal care and maternity..but i am worried if i apply and get approve my co sponsor would get in trouble. I have 10 yrs gc..my husband have a low income. Any advise pls? Thank you.

[aaron2020 11,651]

Generally, Medicaid for pregnancy is okay. You can receive it if Oregon allows you to get it.

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

Can immigrants whose sponsor signed an “enforceable” affidavit get benefits?

Yes. Immigrants whose sponsors signed “enforceable” affidavits may get certain benefits. Immigrants who have been in the country for less than 5 years generally are not eligible for the five federal “means-tested public benefits”: food stamps for adults, Temporary Assistance for Needy Families (TANF), Medicaid (nonemergency), the Children’s Health Insurance Program (CHIP), and Supplemental Security Income (SSI). There are additional restrictions in SSI. However, these immigrants are eligible for emergency Medicaid and most other federal benefits. States can choose to provide Medicaid and CHIP to lawfully residing children and pregnant women regardless of their date of entry, without sponsor-related barriers. In some states, immigrants can get state-funded medical, food, or cash assistance. For more details on the immigrant eligibility rules, see National Immigration Law Center, Guide to Immigrant Eligibility for Federal Programs (4th ed. 2002).

[newacct 688]

Generally, Medicaid for pregnancy is okay. You can receive it if Oregon allows you to get it.

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

Can immigrants whose sponsor signed an “enforceable” affidavit get benefits?

Yes. Immigrants whose sponsors signed “enforceable” affidavits may get certain benefits. Immigrants who have been in the country for less than 5 years generally are not eligible for the five federal “means-tested public benefits”: food stamps for adults, Temporary Assistance for Needy Families (TANF), Medicaid (nonemergency), the Children’s Health Insurance Program (CHIP), and Supplemental Security Income (SSI). There are additional restrictions in SSI. However, these immigrants are eligible for emergency Medicaid and most other federal benefits. States can choose to provide Medicaid and CHIP to lawfully residing children and pregnant women regardless of their date of entry, without sponsor-related barriers. In some states, immigrants can get state-funded medical, food, or cash assistance. For more details on the immigrant eligibility rules, see National Immigration Law Center, Guide to Immigrant Eligibility for Federal Programs (4th ed. 2002).

Of course, the person can always get it if they qualify, regardless of how they immigrated. However the question here is whether the sponsor is liable.

[aaron2020 11,651]

Of course, the person can always get it if they qualify, regardless of how they immigrated. However the question here is whether the sponsor is liable.

.

If Oregon does not use certain funds, it can offer Medicaid to the OP for her pregnancy without triggering the I-864.

Look at what I highlighted. "States can choose . . . without sponsor-related barriers." This means the sponsor would not be liable if the state of Oregon chooses to allow the OP to r crime Medicaid for her pregnancy.

Medicaid for pregnancy is allowed in California without triggering I-864 sponsor's liabilities. Oregon as a progressive state probably offers the same.

[newacct 688]

.

If Oregon does not use certain funds, it can offer Medicaid to the OP for her pregnancy without triggering the I-864.

Look at what I highlighted. "States can choose . . . without sponsor-related barriers." This means the sponsor would not be liable if the state of Oregon chooses to allow the OP to r crime Medicaid for her pregnancy.

Medicaid for pregnancy is allowed in California without triggering I-864 sponsor's liabilities. Oregon as a progressive state probably offers the same.

No. I don't see how that can be read to mean there is no liability to sponsor(s). According to your reading, they are saying that in states that do not have a 5-year restriction for new permanent residents, that there is no liability to the sponsor(s) "regardless of the date of entry", i.e. even for a permanent resident after 5 years. But after 5 years, those states are just like all other states, which allow permanent residents to get Medicaid. The Affidavit of Support does not end after 5 years. So you are saying that Medicaid for a permanent resident after 5 years incurs a liability for the sponsor(s) in some states and not others? That doesn't make sense.

The I-864 applies not only to federal means-tested benefits, but "also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person."

[aaron2020 11,651]

No. I don't see how that can be read to mean there is no liability to sponsor(s). According to your reading, they are saying that in states that do not have a 5-year restriction for new permanent residents, that there is no liability to the sponsor(s) "regardless of the date of entry", i.e. even for a permanent resident after 5 years. But after 5 years, those states are just like all other states, which allow permanent residents to get Medicaid. The Affidavit of Support does not end after 5 years. So you are saying that Medicaid for a permanent resident after 5 years incurs a liability for the sponsor(s) in some states and not others? That doesn't make sense.

The I-864 applies not only to federal means-tested benefits, but "also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person."

Medicaid for pregnant women have been discussed on VJ before. It's an exception to the 5-years restriction.

Notice the "if." The I-864 does not apply for state or local means-tested public benefits IF the state or local government chooses not to deem the sponsor's income and assets as available to the person.

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From the US Federal Government; https://www.medicaid.gov/medicaid-chip-program-information/by-topics/outreach-and-enrollment/downloads/overview-of-eligibility-for-non-citizens-in-medicaid-and-chip.pdf

Eligibility for Non-Citizens in Medicaid and CHIP

Children and Pregnant Women • CHIPRA made available a state option to cover children and/or pregnant women who are: – Lawfully present, and otherwise eligible –Without a 5-year waiting period – Regardless of date of entry into the U.S. • 29 states, DC and CNMI

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Why would the Federal Government seek reimbursement under the I-864 when an LPR gets Medicaid for her pregnancy when it was the Federal Government that set up the exception to the 5-years restriction?

Edited January 13, 2016 by aaron2020

[aaron2020 11,651]

Here's more info. Unfortunately, it looks like Oregon does not offer Medicaid for pregnancy to recent immigrants. However, there may be other forms of help. Pinay, you want to contact the Medicaid program in Oregon and see if you can get other forms of help.

https://www.medicaid.gov/medicaid-chip-program-information/by-topics/outreach-and-enrollment/lawfully-residing.html

[tarzan31 27]

http://oregonlawhelp.org/issues/disability/health-benefits?channel=law-help&category=non-citizens-and-immigrant-eligibility

[Merrytooth 5,748]

Shouldn't the immigrant buy health insurance from https://www.healthcare.gov/ ?

[Boiler 46,336]

Or suffer the penalty.

[newacct 688]

Why would the Federal Government seek reimbursement under the I-864 when an LPR gets Medicaid for her pregnancy when it was the Federal Government that set up the exception to the 5-years restriction?

The Federal government also set up Medicaid for all LPRs after 5 years; under this logic, the Federal government cannot seek reimbursement then either?

Whether there is a 5-year restriction or not affects whether the immigrant can get the benefit; it has nothing, that I can see, to do with whether the sponsor is liable.

[Villanelle 4,122]

Hmm this is an interesting thread. Never saw that link above before.

I think it kind of confusing because for non emergency or regular medicaid the state will be reimbursed for it by the federal government only after 5yrs have passed as an LPR. So its typically said to be 'federally funded' but if you get into the fine details its the state laying out money and getting reimbursed, so I guess its more indirectly funded. It also extremely complex in how much they pay- its not the whole thing though. But anyway after the 5yrs have passed if one does take benefits any amount used can be collected back from the sponsor. This is true as long as the aff of support is in effect.

Some states elect to use state funds and provide 'regular' medicaid to immigrants with less then 5yrs. Technically speaking it is not medicaid because the feds arent paying for any part of it- but a state run program is typically operated by the same company that handles medicaid in the state. Many people call it 'medicaid' but in the state DHS provisions its a different code. This is still a means tested benefit that can be recouped from the sponsor. Some states even use what they call 'deeming' where they add in all or part of your sponsors income to yours; which usually makes you ineligible.

The government has recently expanded under CHIPRA an option for states to provide Medicaid and CHIP coverage to children and pregnant women including those within their first five years. Not all states elected to do so. That is the chart in the link above. Apparently Oregon chose not to for pregnant women. For the states that did however they would be reimbursed accordingly. They also have the option if they provide the benefit to recoup it from the sponsor.

All states provide some kind of emergency medicaid. Emergency medicaid is not considered a means tested benefit therefore there is no possible recouping of it from the sponsor. The federal gov will reimburse states accordingly for emergency medicaid. The definition of emergency care and services available vary by state. In Oregon they have what is called CAWEM Prenatal.

From my understanding of it first you have to apply for and get CAWEM. Thats just normal emergency medicaid. You dont need to be in need of services to apply for this. Once you are a CAWEM client you then get the CAWEM Plus medical benefits package. "its a slightly reduced version of the OHP Plus benefit package and will provide prenatal Medicaid serviced to pregnant CAWEM women."

You can apply online or call the 800 number.-

http://www.oregonhealthcare.gov/index-3.html