Quick Guide to Health Care Rights of Immigrants
In Triage Cancer's free Quick Guide to the Health Care Rights of Immigrants, you'll learn about terms related to immigration status, health care resources available to immigrants, and more!
In Triage Cancer's free Quick Guide to the Health Care Rights of Immigrants, you'll learn about terms related to immigration status, health care resources available to immigrants, and more!
Non-citizens of the United States may have different rights to health care based on a variety of factors. Non-citizens include those who have legal status in the U.S. as well as undocumented immigrants. Generally, non-citizens have higher uninsured rates due to limited access to employer-sponsored coverage; eligibility restrictions for government- sponsored programs, and cultural and language barriers to enrollment. Each member of a family may have a different immigration status, and therefore, may have different options.
Program | Lawful Permanent Residents | Lawfully Present Individuals | Refugees & Asylum Seekers | DACA Recipients | Undocumented Immigrants |
---|---|---|---|---|---|
Employer-sponsored Insurance | Eligible | Eligible | Eligible | Possibly Eligible | Possibly Eligible |
Buying Individual Health Insurance from State Marketplaces | Eligible | Eligible | Eligible | Not Eligible | Only in Colorado & Washington (as of 2024) |
Marketplace Financial Assistance | Eligible | Eligible | Eligible | Not Eligible | Not Eligible* |
Buying Individual Health Insurance Outside the Marketplace | Eligible | Eligible | Eligible | Possibly Eligible | Possibly Eligible |
Medicaid | States may allow children and pregnant women immediate access, but others must undergo a 5-year waiting period. | State option for children under 21 and pregnant women | Eligible | Eligible for emergency Medicaid, with the exception of some state-funded plans | Eligible for emergency Medicaid, with the exception of some state-funded plans |
Supplemental Nutrition Assistance Program (SNAP) | Individuals under 18 are eligible, but all adults must undergo a 5-year waiting period or have credit for 40 quarters of work. | Not Eligible | Eligible | Not Eligible | Not Eligible |
Medicare | Eligible only after a 5-year waiting period. | Not Eligible | Not Eligible | Not Eligible | Not Eligible |
Children's Health Insurance Program (CHIP) | States may allow children and pregnant women immediate access, but others must undergo a 5-year waiting period. | State option for children under 21 & pregnant women | Eligible | Not Eligible | Not eligible, with the exception of some state-funded plans |
TANF: Temporary Assistance for Needy Families | Eligible only after a 5-year waiting period. | Not Eligible | Eligible | Not Eligible | Not Eligible |
SSI: Supplemental Security Income | Eligible only after a 5-year waiting period and with credit for 40 quarters of work unless qualified for an exception. | Not Eligible | Eligible for first 7 years after status is granted. | Not Eligible | Not Eligible |
Breast & Cervical Cancer Treatment Program (BCCTP) | Eligible | Eligible | Eligible | Eligible | Eligibility varies by state. Visit triagecancer.org/StateResources. |
Community Health Centers | Eligible | Eligible | Eligible | Eligible | Eligible |
*Not eligible for federal subsidies. May be eligible for state subsidies in Colorado (currently) and in Washington (beginning in 2024). Source: National Immigration Law Center
Hill-Burton: Eligible for services in any hospital or facility that received Hill-Burton funds under Title VI of the Public Health Service Act. Total Obligated Facilities: 132 (as of 8/2/19). No Obligated Facilities: AK, DE, IN, MD, MN, NE, NV, ND, OH, RI, SD, UT, VT, WY, & all territories except PR.
Hospital Ability to Pay Programs: Eligibility depends on each hospital’s rules.
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that requires hospitals to screen and treat all patients who seek emergency care. However, in most cases, cancer care is not included in “emergency care.” Health care providers have no legal obligation to ask about an individual’s immigration status and may not share that information with authorities, except under very limited circumstances.
Public Charge Rule: If the government determines that an individual seeking admission to the U.S. is likely to become primarily dependent on the government for subsistence, shown by either the receipt of public cash assistance (TANF or SSI) for income maintenance or institutionalization for long-term care at government expense, they may be deemed inadmissible to the U.S. Under current rules, the individual must be the recipient of the cash assistance or the assistance is the sole support for the family for it to count against them. The Public Charge Rule does not apply to all immigrants. Testing, treatment, and preventive care, including a vaccine for COVID-19, will not be considered in the public charge test.
State Specific Programs: Some states may use state-funded health care assistance to “waive” the 5-year waiting period for some documented immigrants. Visit TriageCancer.org/StateLaws for details. Undocumented immigrants may have more options for health care assistance through state-funded programs. California, Illinois, Massachusetts, New York, Oregon, Washington, and the District of Columbia have all expanded their Medicaid programs to provide health insurance to all children regardless of immigration status. California, D.C., and Illinois have expanded their Medicaid programs to provide health insurance to some or all low-income adults regardless of immigration status.
Last updated: 08/2022
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