March 28, 2019 Katie Condon Grace & Vicky Pulos • Complicated benefit eligibility rules. • Added complexity for immigrant eligibility • Language access • Fears of adverse immigration consequences: • Removal • Public Charge • Changing federal landscape increasing threats.
• To qualify for comprehensive MassHealth and to qualify to purchase insurance through the Health Connector, people must satisfy both financial and non-financial eligibility criteria. • Benefits available to U.S. citizens and eligible Immigrants: • MassHealth • Connector Care • Safety net benefits with no citizenship/immigration requirements: • Health Safety Net program (HSN) • Children’s Medical Security Plan (CMSP) • MassHealth Limited • MassHealth Standard for Pregnant women. • 5 Types of MassHealth Coverage: 1) MassHealth Standard: The “good” MassHealth • 2) MassHealth CommonHealth: For certain disabled adults & disabled children with income too high for • Standard 3) MassHealth CarePlus: 2014 Medicaid expansion for 21-64 under Affordable Care Act • 4) MassHealth Family Assistance: Includes CHIP for children in families with income too high for Standard • Also the benefit for most “PRUCOL” immigrants. • 5) MassHealth Limited: Emergency care for those not eligible for Standard/CarePlus due to • immigration eligibility rules (the only all-immigrant program)
• Private Insurance through Health Insurance Connector • Subsidized for individuals with income from 0-300% FPL(Plan Types 1-3)& no access to other insurance • 0-100% FPL (Plan Type 1) is only for lawfully present immigrants not eligible for MassHealth due to its immigrant eligibility rules • After being found eligible must select a plan & pay any premium due by a deadline to be enrolled
• Qualified Aliens • Not Barred • Barred • Lawfully Present Aliens • Includes all Qualified aliens • Plus added groups (Non-Qualified Lawfully Present) • Persons Residing in the US Under Color of Law (PRUCOL) • Used for immigrants who are not Lawfully Present but who are known to USCIS and who DHS is not contemplating removing. • Undocumented • No status or out of status
Lawfully Present Undocumented PRUCOL Qualified – Not Barred Qualified - Barred More comprehensive health benefits • For certain Qualified Aliens (LPR, Paroled, battered), they must: 1. Have their qualifying immigration status for 5 years (“meet the 5-year bar”), or 2. Satisfy additional factors that exempt them from the 5-year bar. Until either of these occur, • they will be considered “Qualified – Barred”. After either of these occur, • then they will be considered “Qualified – Not Barred”.
• Group A - Some qualified aliens are never barred: • Asylee; • Refugee; • Granted withholding of deportation or withholding of removal under immigration laws; • Veteran or active duty military and spouse, widow and dependent child/ren • Cuban/Haitian entrant, including a Cuban or Haitian; • Paroled into US after 1980 • Applicant for Asylum, or • Subject to a non-final order of exclusion; • American Indian born in Canada or other member of federally recognized tribe; • Victim of trafficking and his or her spouse, child, sibling, or parent; • Conditional entrant granted before 1980; Group B – Qualified aliens who were subject to the 5 year bar but who are no longer barred • because they met the 5 years or additional factors exempt them from the 5-year bar: • Legal permanent resident (LPR/Green Card Holder); • Paroled into the U.S. for at least1 year; or • Battered spouse and child/ren, or battered child and parent; Battered in US by US Citizen or Legal Permanent Resident spouse or parent, or family member or • spouse or parent, No longer living with abuser, and • With approved or pending petition that will lead to permanent resident status (petition has been • found to establish a “prima facie case”). AND • Had Permanent Resident/Paroled/Battered Immigrant status for 5 or more years; or • Had such status for less that 5-years, but exempt from the 5-year bar because: Entered US prior to 8/22/96 (regardless of status at time of entry) & continuously present until • becoming Permanent Resident/Parolee/Battered Immigrant Veteran on Active Duty military and his/her spouse, widow, or dependent child/ren • • Iraqi or Afghan Special Immigrant American Indian born in Canada (or other member of federally recognized tribe) • Cuban or Haitian who became a Legal Permanent Resident under certain special laws (not through a • family member or employer) Amerasian born in Vietnam during Vietnam War era • Before becoming Legal Permanent Resident (LPR), individual was a: • Refugee, Asylee, Granted withholding of deportation, Cuban Haitian Entrant, Trafficking Victim. •
• Individuals with one of the following statuses who have had that status for less than 5 years, or do not meet the exceptions on the previous slide, are considered “Qualified – Barred”: • Lawful Permanent Resident (LPR/Green Card holder) • Paroled into the U.S. for at least one year • Battered Spouse and child/ren, or battered child and parent Battered in US by US Citizen or Legal • Permanent Resident spouse or parent, or family member or spouse or parent, No longer living with abuser, and • • With approved or pending petition that will lead to permanent resident status (petition has been found to establish a “prima facie case”). • They have “not met the 5-year bar” or are not exempt from it. Using a Legal Permanent Resident Card (Green card) to Determine if Qualified Alien is Barred or Not Barred Does code show status not subject to 5 yr bar? If country is Cuba, Haiti, Iraq, Afghanistan, Vietnam, Canada – Is date 5 or more years ago? does exception apply? 14
All Qualified aliens (both Not Barred • Granted withholding of deportation or • and Barred) are Lawfully Present: removal under the Convention Against • Asylee; Torture (CAT); • Refugee; • Granted withholding of deportation or withholding of removal under immigration Individuals with valid non-immigrant • laws (but not including CAT); status (including worker visas, student • Veteran or active duty military and spouse, widow and dependent child/ren; visas, U-visas); • Cuban/Haitian entrant; • American Indian born in Canada or other Temporary Protected Status (TPS); • member of federally recognized tribe; • Victim of trafficking and his or her spouse, Deferred Enforced Departure (DED); • child, sibling, or parent; • Conditional entrant granted before 1980; • Amerasian born in Vietnam during Vietnam Deferred Action Status (NOT Deferred • War era, Iraqi or Afghan special immigrant; Action for Childhood Arrivals – DACA • Legal permanent resident (LPR/Green Card is PRUCOL for health benefits Holder); • Paroled into the U.S. for at least 1 year, or purposes) • Battered spouse and child/ren, or battered child and parent; • Battered in US by US Citizen or Legal Permanent Resident spouse or parent, or family member or spouse or parent;
Applicant for: • Lawful temporary resident; • • Special Immigrant Juvenile Status; • Adjustment to LPR status with an approved Individuals with employment • visa petition; authorization under 8 CFR 274a.12(c) • Victim of trafficking visa; • Asylum who has either been granted including: employment authorization, or is under 14 and • Registry applicants; has had an application for asylum pending for at least 180 days; • Those under an order of supervision; • Withholding of Deportation or Withholding of • Applicants for Cancellation of Removal of Removal, under the immigration laws or under Suspension of Deportation; the Convention Against Torture (CAT) who has either been granted employment • Applicants for Legalization under IRCA; authorization, or is under 14 and has had an • Applicants for Temporary Protected Status application for withholding of deportation or removal under the immigration laws or under (TPS); CAT pending for at least 180 days; • Persons granted legalization under the LIFE Act. Granted administrative stay of • removal by the Department of Homeland Security (DHS); Remember : No 5-year bar to be • lawfully present. Category Alien Code Registration Number Expiration Date
• Granted indefinite stay of deportation; • Granted indefinite voluntary departure; • Have approved immediate relative petition, entitled to voluntary departure, and whose departure the U.S. Department of Homeland Security (DHS) does not contemplate enforcing; • Granted voluntary departure by DHS or an Immigration Judge, and whose departure DHS does not contemplate enforcing; • Living under order of supervision who do not have employment authorization under 8 CFR 274a.12.(c); • Have entered and continuously lived in the United States since before January 1, 1972; • Granted suspension of deportation, and whose departure DHS does not contemplate enforcing;
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