MEDICAID AND LONG-TERM CARE COVERAGE FOR LEGAL IMMIGRANTS

The Federal Balanced Budget Act of 1997 combined with the Massachusetts fiscal 1998 budget mandates continued MassHealth Standard coverage for all qualified* immigrants who entered the US before 8/22/96. Legal immigrants who are Mass. residents and entered after 8/22/96 can still qualify for MassHealth Standard, which covers nursing facility care, if they fall into one of the following categories:

  1. a MassHealth recipient on or before 6/30/97,
  2. in a nursing facility on 6/30/97 regardless of payment source,
  3. applied for MassHealth for long-term care by 7/1/97,
  4. or they are a refugee, asylee, Amerasian, Cuban/Hatian, person granted withholding of deportation or filed for Violence Against Women Act protection.

Legal permanent residents, parolees and conditional entrants who entered the US after 8/22/96 and do not fall under the 1-3 criteria above must wait 5 years after their date of entry to qualify for MassHealth Standard. Persons Residing Under Color of Law (PRUCOLs) who do not meet the 1-3 criteria above are also not eligible for MassHealth Standard. Note: if otherwise eligible (under 18, over 64, disabled, pregnant, parents of children under 18, or long-term unemployed or under-employed adults 18-65) these people can get MassHealth Basic, which covers most medical care, but does not cover long-term care.

Undocumented aliens are always eligible for care that is deemed a "medical emergency" through MassHealth Limited. This likewise does not cover long-term care. The Division of Medical Assistance states that "[a]liens who apply only for MassHealth Limited do not have to give us a social security number. As a result, the Division will not try to match your names with any other agency, including the Immigration and Naturalization Service." There may be other considerations regarding future immigration/naturalization processes, however that should be discussed with an immigration advocate before an undocumented alien applies for assistance.

Information included in this article is from the Mass. Extended Care Federation, the Mass. Law Reform Institute and the Commonwealth of Massachusetts Division of Medical Assistance booklet "MassHealth", available through the CRC. Thanks to Edith Kenneally of Patient Financial Services for her assistance.

*Qualified = legal permanent residents, refugees, asylees, conditional entrants, withholding of deportation grantees, Amerasians, Cuba/Haitian entrants, persons granted parole status for one year or longer, and persons who have applied for protection under the Violence Against Women Act who no longer live with the batterer and whose need for benefits has a substantial connection to the batterer.


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