Do states count sponsor's income for Medicaid eligibility ?

[akpman 3]

Hi,

I sponsored my mother for GC. She is in USA since Nov 2015. She is living in NY with my sister. My mother is in NY state's medicaid system. We are providing her food, shelter and other facilities. Neither my sister or me claim her as our dependent in taxes. My sister is planning to move to South Carolina for a job. My mother will be moving with them.

The following is the link for Public Charge exclusion for Medicaid.

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

My questions :

1. We put her income as 0 as she does not have any income. She was given Medicaid. Can New York / Fed claw back Medicaid payments because I sponsored my Green card some time in the future ?

2. Does South Carolina count my mother's income as 0 or they bundle my assets/income for her eligibility ? Can South Carolina /Fed claw back Medicaid payments because I sponsored my Green card some time in the future ?

3. Is there any benefit of filing her taxes with 0 income ?

[NigeriaorBust 4,087]

Yes they can you signed a form that taxpayers would not be paying for your mothers care and promptly made taxpayers pay for her.

[iamwhatiam80 92]

Hi,

I sponsored my mother for GC. She is in USA since Nov 2015. She is living in NY with my sister. My mother is in NY state's medicaid system. We are providing her food, shelter and other facilities. Neither my sister or me claim her as our dependent in taxes. My sister is planning to move to South Carolina for a job. My mother will be moving with them.

The following is the link for Public Charge exclusion for Medicaid.

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

My questions :

1. We put her income as 0 as she does not have any income. She was given Medicaid. Can New York / Fed claw back Medicaid payments because I sponsored my Green card some time in the future ?

2. Does South Carolina count my mother's income as 0 or they bundle my assets/income for her eligibility ? Can South Carolina /Fed claw back Medicaid payments because I sponsored my Green card some time in the future ?

3. Is there any benefit of filing her taxes with 0 income ?

Is she receiving NY state funded Medicaid ? I dont think she is getting federal medicaid. As far as I know, NY does not enforce sponsor deeming which means NY does not come after the sponsor for expenses incurred due to state funded Medicaid.

Every state has its own rules. Your mother probably may not get state funded Medicaid in SC as they may be strictly enforcing the 5 year rule.

The only benefit I see filing her taxes with 0 income is that she may get subsidized healthcare from Obamacare marketplace. Which means you or your sister needs to pay for her monthly premiums as she has 0 income.

Edited March 16, 2016 by iamwhatiam80

[akpman 3]

Is she receiving NY state funded Medicaid ? I dont think she is getting federal medicaid. As far as I know, NY does not enforce sponsor deeming which means NY does not come after the sponsor for expenses incurred due to state funded Medicaid.

Every state has its own rules. Your mother probably may not get state funded Medicaid in SC as they may be strictly enforcing the 5 year rule.

The only benefit I see filing her taxes with 0 income is that she may get subsidized healthcare from Obamacare marketplace. Which means you or your sister needs to pay for her monthly premiums as she has 0 income.

Thanks for your response. Your response gave me some direction. Even South Carolina Authorities are giving conflicting answers - that she will be eligible to not eligible. I will do more checking around. My feeling is we have to buy ObamaCare. I do not mind paying premiums.

[iamwhatiam80 92]

Thanks for your response. Your response gave me some direction. Even South Carolina Authorities are giving conflicting answers - that she will be eligible to not eligible. I will do more checking around. My feeling is we have to buy ObamaCare. I do not mind paying premiums.

Is your mother over 65? Thats the reason probably you are getting conflicting answers.

[akpman 3]

Is your mother over 65? Thats the reason probably you are getting conflicting answers.

Yes. She is 78 years old.

[iamwhatiam80 92]

Yes. She is 78 years old.

OK i think i know whats happening here.. States give Medicaid to seniors over 65 based on their income. Thats why they are saying yes but then they will look at her LPR status and realize that she is here less than 5 years. And then they are saying No.

Not every state is like NY. I am pretty sure she will get good deals on Obamacare. You should talk to your accountant if you have one about not having her as a dependent on your or your sisters taxes and she filing as independent. That could be one area that could come back to bite you as she is a part of your sisters household. I mean you guys are providing her shelter, food etc so she is dependent on you guys.