State of Wisconsin Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

7.3 Immigrants

 

7.3.1 Immigrants Introduction

Immigrants are persons who reside in the U.S., but are not U.S. citizens or nationals. The immigrants described below, who apply for Medicaid and meet all eligibility requirements, are entitled to receive Medicaid benefits.

 

1. A refugee admitted under Immigration and Nationality Act (INA) Section 207.

 

A refugee is a person who flees his or her country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a social group.

 

An immigrant admitted under this refugee status may be eligible for Medicaid even if his or her immigration status later changes.

 

2. An asylee admitted under INA Section 208.

 

Similar to a refugee, this is a person who seeks asylum and is already present in the U.S. when he or she requests permission to stay.

 

An immigrant admitted under this asylee status may be eligible for Medicaid even if his or her immigration status later changes.

 

3. An immigrant whose deportation is withheld under INA Section 243(h) and such status was granted prior to April 1, 1997, or an immigrant whose removal is withheld under INA Section 241(b)(3) on or after April 1, 1997.

 

An immigrant admitted under this status may be eligible for Medicaid even if his or her immigration status later changes.

 

4. A Cuban/Haitian entrant.

 

An immigrant admitted under this Cuban/Haitian entrant status may be eligible for Medicaid even if his or her immigration status later changes.
 

5. An American Indian born in Canada who is at least 50 percent American Indian by blood or an American Indian born outside the U.S. who is a member of a federally recognized Indian tribe.

 

6. Victims of a severe form of trafficking in accordance with 107(b)(1) of the Trafficking Victims Protection Act of 2000 (P.L. 106-386).

 

7. Lawfully admitted for permanent residence under the INA.
    

8. Paroled into the U.S. under INA Section 212(d)(5).
    

9. Granted conditional entry under immigration law in effect before April 1, 1980 [INA Section 203(a)(7)]
    

10. An immigrant who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.
     

11. An immigrant whose child has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.
     

12. An immigrant child who resides with a parent who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.

7.3.1.1 Special Provisions for Immigrants in items 7-12

**If these immigrants (from items 7-12) lawfully entered the U.S. on or after August 22, 1996, they must also be one of the following:

6. 1. Lawfully residing in Wisconsin and an honorably discharged veteran of the U.S. Armed Forces, or

   2. Lawfully residing in Wisconsin and on active duty (other than active duty for training) in the U.S. Armed Forces, or

   3. Lawfully residing in Wisconsin and the spouseA spouse is that person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage. , unmarried dependent child, or surviving spouse of a person described in "a" or "b" or

   4. An Amerasian, or

   5. Resided in the U.S. for at least five years since his or her date of entry.
       

Beginning, October 1, 2009, children under the age of 19 and pregnant women who are either:

 

1. Lawfully Admitted for Permanent Residence (CARES TCTZ Code #1 in the Immigration Status Chart below),

2. Lawfully present under Section 203(a)(7) (Code #3 in the Immigration Status Chart below),

3. Lawfully present under Section 212(d)(5) (Code #6 in the Immigration Status Chart below), or

4. Who suffer from domestic abuse and are considered to be a battered immigrant (Code #16 in the Immigration Status Chart below),

 

no longer have to wait 5 years to be eligible for full benefit Medicaid and BadgerCare Plus.  This policy applies to both persons in existing open cases and new applicants.  Women have the 5-year ban lifted when their pregnancy is verified and continues for an additional 60 days after the last day of pregnancy and through the end of the month in which the 60th day occurs.  

 

Immigrants, who do not appear in the lists above, who apply for Medicaid and meet all eligibility requirements except for citizenship are entitled to receive Medicaid Emergency Services only (see the BadgerCare Plus Eligibility Handbook).
 

Pregnant immigrants who do not appear in the list above, who apply for the BadgerCare Plus Prenatal Program (BC+PP) (see the BadgerCare Plus Eligibility Handbook) and who meet the eligibility requirements except for citizenship are entitled to receive those benefits.
 

Immigration status is an individual eligibility requirement.  It does not affect the eligibility of the Medicaid Group. The citizen spouse or child of an ineligible immigrant may still be eligible even though the immigrant is not.

 

Verify immigration status using the procedures in the SAVE Program Guide.

7.3.2 Public Charge

The receipt of Medicaid by an undocumented, non-qualifying, or qualifying immigrant or by the children or spouse for whom the individual is legally responsible does not establish the person as a public charge.

 

Undocumented, non-qualifying, or qualifying immigrants are considered to be a public charge if while receiving Medicaid, he or she is in a medical institution for more than the length of a rehabilitative stay.

 

Undocumented, non-qualifying, or qualifying immigrants concerned about being considered a "public charge," should be directed to contact the INS field office to seek clarification of the difference between rehabilitative and other types of institutional stays.

7.3.3 INS Reporting

Do not refer an immigrant to Immigration and Naturalization Service (INS) unless information for administering the Medicaid program is needed. For example, if Medicaid needs to determine an individual’s location for repayment or fraud prosecution, or to determine his or her immigration status.

7.3.4 Immigration Status Chart

CARES TCTZ Code	Alien Status	Arrived Before 08/22/96	Veteran*/ Amerasian Arrived before 8-22-96	Arrived on or after 8-22-96	Veteran*/ Amerasian Arrived on or after 8-22-96	Children under 19 and pregnant women
01	Lawfully admitted for permanent residence	Eligible	Eligible	Ineligible for 5 years	Eligible	Eligible effective 10-01-09
02	Permanent resident under color of law (PRUCOL)	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
03	Lawfully present under Section 203(a)(7)	Eligible	Eligible	Ineligible for 5 years	Eligible	Eligible effective 10-01-09
04	Lawfully present under Section 207(c)	Eligible	Eligible	Eligible	Eligible	Eligible
05	Lawfully present under Section 208	Eligible	Eligible	Eligible	Eligible	Eligible
06	Lawfully present under Section 212(d)(5	Eligible	Eligible	Ineligible for 5 years	Ineligible for 5 years	Eligible effective 10-01-09
07	IRCA (No longer valid)	N/A	N/A	N/A	N/A	N/A
08	Lawfully admitted - temporary	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
09	Undocumented Alien	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
10	Illegal Alien	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
11	Cuban/Haitian Entrant	Eligible	Eligible	Eligible	Eligible	Eligible
12	Permanent Resident	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
13	Special agricultural worker under Section 210(A)	Ineligible	Ineligible	Ineligible	Ineligible	Eligible
14	Additional special agricultural worker under Section 210(A)	Ineligible	Ineligible	Ineligible	Ineligible	Eligible
15	Withheld deportation - Section 243(h)	Eligible	Eligible	Eligible	Eligible	Eligible
16	Battered Alien	Eligible	Eligible	Ineligible for 5 years	Ineligible for 5 years	Eligible effective 10-01-09
17	Amerasian	Eligible	Eligible	Eligible	Eligible	Eligible
18	Foreign-born American Indian	Eligible	Eligible	Eligible	Eligible	Eligible
19	Victims of Trafficking	Eligible	Eligible	Eligible	Eligible	Eligible
20	Lawfully Residing - to be used for all persons admitted under one of the Class of Admission Codes found in the table in section 7.4.4	Ineligible	Ineligible	Ineligible	Ineligible	Eligible

 

 

* "Veteran" includes certain veterans and active duty servicemen and women, their spouses, dependent children, or certain surviving spouses.

7.3.5 Iraqis and Afghans with Special Immigrant Status

Some Afghan and Iraqi aliens have been granted special immigrant status. Individuals and family members granted this special status are eligible for resettlement assistance, entitlement programs and other benefits the same as refugees admitted under section 207 of the INA. These groups have been admitted to the U.S. in Lawful Permanent Resident status; however for a limited time upon arrival they are treated as if they are in Refugee status for public benefits purposes.

 

Though treated like refugees, the individuals in this special immigrant status category are only able to access benefits for a limited time:

 

• Afghan special immigrants are eligible for Medicaid benefits for up to six months from the date they enter the country.  

• Iraqi special immigrants are eligible for Medicaid benefits for up to eight months from the date they enter the country.

 

At the end of the six or eight month period, the immigration status for these populations becomes Lawful Permanent Resident (LPR). According to federal law, LPRs are subject to the five year bar on receiving public benefits. See Section 7.3.4 Immigration Status Chart.

 

Spouses and unmarried children under age 21, who accompany or follow-to-join the principal special immigrant applicantA person who has submitted a request for coverage for whom no decision has been made regarding eligibility are eligible for the same benefits as the principal applicant.

 

Any Iraqi or Afghan immigrant granted the special status, who applied after 12/26/2007 and was denied  Medicaid benefits due to citizenship or immigration status, may request Medicaid benefits back to the original application filing date.

7.3.5.1 End of Temporary Benefit Period

Medicaid eligibility for special immigrants and family members must end within six or eight months after their US entry as special immigrants or conversion to special immigrant status, regardless of rules that are otherwise applied for their eligibility group (e.g., coverage of pregnant women until the end of their postpartum period).

 

These individuals would not be able to receive benefits until they have been here for five years from the date of entry. The five year clock begins from the individual’s original date of entry and it does not start over once the limited special status benefits expire.

 

Iraqi and Afghan special immigrants and their families may qualify for Medicaid coverage of emergency services, until they meet the 5-year bar for qualified immigrants.  

 

Note: An infant born in the U.S to a woman who was Medicaid eligible as an Iraqi or Afghan special immigrant on the baby's date of birth, is a U.S. citizen and deemed Medicaid eligible as a newborn until turning age one.

7.3.5.2 Counting Refugee Related Income

Refugee Cash Assistance (RCA) program payments are not counted as income for Medicaid. RCA is administered by Wisconsin Works agencies and is made available for refugees who do not qualify for Wisconsin Works.

 

Refugee "Reception and Placement" (R&P) payments are not counted as income for Medicaid. R & P payments are made to refugees during the first 30 days after their arrival in the U.S. R & P payments are made by voluntary resettlement agencies and may be a direct payment to the refugee individual/ family or to a vendor.

7.3.5.3 Refugee Medical Assistance

If an individual does not meet the other eligibility requirements for Medicaid, he or she may apply for Refugee Medical Assistance (RMA), which is not funded by Medicaid. RMA is considered a separate benefit from Medicaid but provides the same level of benefits as these programs. RMA is available only in the first eight months after a special immigrant’s date of entry.  If it is not applied for in that eight-month period, it cannot be applied for later. Iraqi immigrants may be eligible for RMA for eight months and Afghan immigrants may be eligible for RMA for six months.

 

While W-2 agencies have contractual responsibility for providing RMA, they need to coordinate with economic support agencies to ensure eligibility for all regular Medicaid subprograms is tested first.  

 

More information about this program is in Chapter 18 of the Wisconsin Works (W-2) Manual.

 

Note: The federal Medicaid eligibility for all other refugees admitted under Alien Status Code 04 remains the same.

 

 

 

This page last updated in Release Number: 11-02

Release Date: 07/27/11

Effective Date: 01/31/11

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The information concerning the Medicaid program provided in this handbook release is published in accordance with: Titles XI and XIX of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapters 46 and 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2, 10 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10030