Telephone: (334) 832-9090
E-mail: usvisa@visaus.com
Refugees eligibile for federal public benefits
Edited by BOYD F. CAMPBELL
Attorney at Law and Civil Law Notary
Following are fact sheets published by the Refugee Welfare and Immigration Reform Project of the Institute for Social and Economic Development in Newark, Deleware. Please note that noncitizens taking advantage of federal public benefits may not face "public charge" determinations in getting a "green card" or U.S. citizenship. Many noncitizens (permanent resident aliens) and persons who are eligible for "green cards" are afraid to accept federal public benefits because of their fear that they may be denied a "green card" or U.S. citizenship. Accepting federal public benefits is not a problem at all for U.S. citizens who immigrated to the United States.
Food Stamps
Q. What is the Food Stamp
Program?
A. The Food Stamp Program
provides monthly coupons or benefits to low-income households for the purchase
of food. Most of the cost of providing benefits and administering the program
is paid by the federal government. State welfare offices administer the
program and pay part of the administration costs.
Q. Can refugees receive federally-funded
food stamps?
A. Refugees can receive federally-funded
food stamps if their household meets all the requirements for eligibility
(such as having limited income and resources) and they are a member of
one of the following groups:
Citizens:
Refugees who have become naturalized citizens are eligible for food stamps
under the same rules as native-born citizens.
All refugees during their first
seven years in the U.S.
Long-term workers
and certain of their family members: Refugees who have worked 40
quarters or can be credited with 40 quarters of work that qualify under
the Social Security Act and who have adjusted their status to legally admitted
permanent resident are eligible for food stamps under the same rules as
citizens. Spouses receive credit for the quarters worked by their husbands/wives;
children receive credit for the quarters worked by their parents while
the children were under the age of 18 (even if the children are now over
the age of 18).
Armed Forces
active personnel and veterans, and certain of their family members:
Refugees who are currently in the Armed Forces and those who are veterans
with honorable discharges who have met minimum active-duty requirements
are eligible for food stamps under the same rules as citizens. The unmarried
dependent children and most spouses (including unremarried surviving spouses
of deceased veterans) of these refugees also can be eligible for food stamps
if they are legally residing in the United States.
Hmong and Highland
Laotians: Members of a Hmong or Highland Lao tribe when the tribe
assisted the U.S. Armed Forces during the Vietnam era (and their spouses,
unmarried widows/widowers, and unmarried dependent children) are eligible
for food stamps under the same rules as citizens.
Elderly refugees
living in the U.S. on August 22, 1996: Refugees living in the U.S.
on August 22, 1996 who were 65 or older on that date are eligible for food
stamps under the same rules as citizens.
Refugee children
living in the U.S. on August 22, 1996: Refugees living in the U.S.
on August 22, 1996 who are under the age of 18 are eligible for food stamps
under the same rules as citizens.
Disabled refugees
living in the U.S. on August 22, 1996: Refugees living in the U.S.
on August 22, 1996 who are receiving benefits for disability or blindness
at the time of application are eligible for food stamps under the same
rules as citizens.
Q. Do states also provide
food assistance?
A. Some states provide state-funded
food assistance to certain refugees and immigrants who have lost federal
food stamp eligibility due to the welfare reform law. Specific eligibility
requirements and benefit levels vary from state to state.
Q. Does the food stamp program
have work requirements?
A. The federal food stamp
program has work requirements for some recipients. State food assistance
programs also may have work requirements. States may require parents
of children above a certain age to work or be engaged in a work-related
activity, such as job searches or job readiness courses.
Refugee employability services
approved, funded, or operated by the Office of Refugee Resettlement (ORR)
are federally recognized training programs for purposes of food stamp eligibility.
Refugees participating at least half-time in these programs are exempt
from Food Stamp Program work requirements and time limits. Generally,
able-bodied adults between the ages of 18 and 50 who do not have dependent
children will be ineligible to continue receiving food stamps if they have
received food stamps for any 3 months in a 36-month period while not working
or participating in a work program at least 20 hours per week or working
off their benefits in a food stamp workfare program. As noted above,
this time limit does not apply to refugees participating at least half-time
in employability services approved, funded, or operated by ORR.) In some
circumstances, individuals who have used their first three months of benefits,
gone to work, and then are laid off can receive up to three months of additional
benefits. Most states have waivers of the three-month food stamp
work requirement in areas of high unemployment or insufficient jobs. Able-bodied
adults without dependent children who receive food stamps in these waived
areas still may have to meet state work requirements, such as job search
and job readiness activities, to continue receiving food stamps.
States also have an option under the welfare law to exempt an additional
15% of their non-waivered caseload from the work requirements. If states
accept this option, they select which groups of people will be exempted.
Q. Can refugees receive any
other nutritional assistance benefits?
A. Refugees are eligible
for several other nutritional assistance programs to the same extent as
citizens: emergency food assistance; school breakfasts and lunches; summer
food service and child care food programs; the Women, Infants, and Children
(WIC) program; the Commodity Supplemental Food, Homeless Children Nutrition,
and Special Milk Programs; and the Nutrition Program for the Elderly.
Q. How can I obtain more information
about food stamps?
A. For more information about
food stamp eligibility rules, contact your local welfare office. These
web sites also may be helpful: the Food and Consumer Service of the U.S.
Department of Agriculture (http://www.usda.gov/fcs) and FRAC, the Food
Research and Action Center (http://www.frac.org); U.S. Department of Agriculture,
(http://www.usda.gov/fcs/library/nsh.htm); Summary of Nutrition Provisions
in the Welfare Reform Act. Food Research and Action Center, October 16,
1996, (http://www.frac.org/html/news/101696.html).
Endnotes:
1. This revised Fact Sheet incorporates
changes to Food Stamp eligibility rules included in the Agricultural Research,
Extension, and Education Act of 1998. These changes went into effect on
November 1, 1998.
2. The Food Stamp Program defines
"household" as a person or group of people living together, not necessarily
related, who purchase and prepare food together.
3. Asylees, persons granted withholding
of deportation, Cuban and Haitian entrants, and Amerasian immigrants from
Vietnam are treated the same as refugees for the purpose of determining
food stamps eligibility.
4. For qualifying quarters worked
after December 31, 1996, to be credited, the refugee and anyone else whose
quarters the refugee is claiming cannot have received "federal means-tested
public benefits"--which include Temporary Assistance for Needy Families
(TANF), Aid to Families with Dependent Children (AFDC), Supplemental Security
Income (SSI), Food Stamps, Medicaid, and Children's Health Insurance Program
(CHIP) benefits--during the quarter.
5. Individuals who are exempt from
work registration requirements under the Food Stamp Act (such as students
enrolled at least half-time in a recognized training program, persons with
physical or mental conditions preventing them from working, and pregnant
women) are exempt from this time limit. Individuals who lose food stamp
benefits because they have reached the three-month cutoff point may regain
eligibility by working or participating in work programs at least 80 hours
in a 30-day period or by working off a month's benefits in a workfare program,
which generally requires no more than 24 hours per month.
Supplemental Security Income
Q. What is Supplemental Security
Income (SSI)?
A. SSI is a federally-funded
program that provides cash benefits to low-income people who are aged,
blind, or disabled. Since SSI is a federal program, the rules about
which noncitizens are eligible are the same regardless of the state in
which one lives. SSI is administered by the Social Security Administration.
Q. Can refugees receive SSI
benefits?
A. Refugees can receive SSI
benefits if they meet all the requirements for eligibility (such as having
limited income and resources and being aged or disabled) and meet one of
the following six criteria:
All refugees
during their first seven years in the U.S. During their first seven years
in the U.S., low-income refugees are eligible for SSI under the same rules
as native-born citizens. This rule applies to all refugees, regardless
of when they entered the country or whether they have adjusted their status
since entering the U.S.
Refugees who
were receiving SSI benefits on August 22, 1996: Refugees who were
receiving SSI benefits on August 22, 1996,can continue to receive these
benefits as long as they continue to meet all other SSI eligibility requirements.
Refugees who
were living in the U.S. on August 22, 1996, and become disabled after that
date: Refugees who were living in the U.S. on August 22, 1996, and
become blind or disabled after that date are eligible for benefits if they
meet other SSI requirements, regardless of when they apply or when the
disability begins.
Long-term workers
and certain of their family members: Refugees who have worked 40
quarters or can be credited with 40 quarters of work that qualify under
the Social Security Act and who have adjusted their status to legally admitted
permanent resident are eligible for SSI under the same rules as native-born
citizens. Spouses receive credit for the quarters worked by their husbands/wives,
and children under the age of 18 receive credit for the quarters worked
by their parents. For qualifying quarters worked after December 31, 1996,
to be credited, the refugee cannot have received Temporary Assistance for
Needy Families (TANF), Aid to Families with Dependent Children (AFDC),
SSI, Food Stamps, Medicaid, or Children's Health Insurance Program (CHIP)
benefits during the quarter.
Armed Forces
active personnel and veterans, and certain of their family members:
Refugees who are currently in the Armed Forces and those who are veterans
with honorable discharges who have met minimum active-duty requirements
are eligible for SSI under the same rules as native-born citizens. The
unmarried dependent children and spouses (including unremarried surviving
spouses of deceased veterans) of these refugees also can be eligible for
SSI if they are legally residing in the United States.
Citizens:
Refugees who have become naturalized citizens are eligible for SSI under
the same rules as native-born citizens.
Q. Some people have found
it difficult to figure out whether they are eligible for SSI. What makes
this so confusing?
A. Determining whether a
refugee is eligible for SSI can be confusing for four reasons: (1) eligibility
varies for different refugees' circumstances; (2) there were several changes
in SSI eligibility rules for refugees during the August 1996 to September
1997 time period; (3) refugees sometimes are confused with immigrants;
and (4) some states have created their own cash assistance programs.
As the information above shows, whether a particular refugee can become
eligible for SSI depends on several factors, such as their length of time
in the U.S., previous SSI history, veteran status, and work history.
There have been several changes in SSI eligibility rules for refugees since
August 1996.(6) Refugees who are not aware of all these changes may be
making decisions based on outdated information. Refugees sometimes
are confused with immigrants, whose eligibility for SSI is more limited.
Unless refugees make sure that Social Security Administration staff recognize
that they are refugees rather than immigrants,(8) they may be denied benefits
for which they are eligible. In some states, such as California,
Colorado, Nebraska, New York, Pennsylvania, Rhode Island, and Washington,
refugee residents are eligible for state-funded cash assistance. Refugees
may wish to ask their state welfare offices if they are eligible for state-funded
old age, disability, general assistance, or unemployment benefit programs.
Q. How do refugees apply for
SSI?
A. Refugees, like native-born
citizens, may apply for SSI at their local Social Security Administration
offices. The initial determination of whether an applicant is eligible
for SSI benefits probably will be made within three months of the date
the application is filed.
Q. How can I obtain more information
about SSI eligibility rules?
A. For more information about
SSI eligibility rules, you may call the Social Security Administration
(SSA) toll-free at 1-800-772-1213 or contact your local Social Security
office. SSA also has a web site (http://www.ssa.gov) and a toll-free automated
document fax service (1-888-475-7000) that include information about SSI.
Some of the web and fax documents are available in languages other than
English. Welfare Reform and Immigrants: State Trends. Immigrant Policy
Project at the National Conference of State Legislatures, October 21, 1997.
(http://www.StateServ.hpts.org/public/pubhome.nsf.
Endnotes:
1. The Social Security Administration
defines disability as the inability to engage in substantial gainful employment
because of a medically determinable impairment that has lasted or is expected
to last at least 12 months or to end in death.
2. Asylees, persons granted withholding
of deportation, Cuban and Haitian entrants, and Amerasian immigrants from
Vietnam are treated the same as refugees for the purpose of determining
benefits eligibility.
3. Asylees and persons granted
withholding of deportation have access to SSI for their first 7 years after
being granted such status. Refugees lose eligibility the first month after
the date of their seventh anniversary in the U.S. unless they are eligible
for SSI under one of the other criteria listed in this document. Asylees
and aliens whose deportation has been withheld lose eligibility the first
month after the seventh anniversary of the date this status was granted.
If they had been receiving SSI prior to this anniversary date, their benefits
will cease the next month unless they are eligible for SSI under one of
the other criteria listed in this document.
4. Federal law provides that refugees
and other qualified aliens cannot include months in which they received
any "federal means-tested public benefits" in the 40 quarters of work that
would make them eligible for SSI benefits. "Federal means-tested public
benefits" has been interpreted to include the six programs listed. If a
spouse or child (under the age of 18) of a refugee who has worked 40 quarters
is applying for SSI benefits, they cannot count in the 40 quarters of work
any quarters in which either the refugee or the spouse or child has received
federal means-tested public benefits.
5. The Balanced Budget Act of 1997
(BBA) added to the veteran definition individuals who served in the Philippine
Commonwealth Army during World War II or as Philippine scouts following
the war. A nonbinding Sense of the Congress resolution in the BBA provides
that Hmong and other Highland Lao veterans who fought under U.S. command
during the Vietnam War and who have been lawfully admitted to the U.S.
for permanent residence should be considered as veterans for the purposes
of continuing benefits. However, because the BBA did not change the definition
of "veteran," which does not include Hmong and other Highland Laotians,
they cannot become eligible for SSI benefits based on veteran status.
6. For example, the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (the welfare reform law)
provided that refugees who enter the country on or after August 22, 1996,
could be eligible for SSI for five years. The Balanced Budget Act of 1997
(BBA) extends this eligibility period to seven years.
7. For example, immigrants entering
the country on or after August 22, 1996, are not eligible for SSI unless
they meet the citizenship, Armed Forces status, or 40 quarters of work
criteria described in this fact sheet or are Amerasian immigrants from
Vietnam within their first seven years in the U.S. (see footnote #2).
8. Refugees should have either:
a) an I-94 card stamped with a message stating that they entered the U.S.
as a refugee admitted under section 207 of the Immigration and Nationality
Act, or b) a Green Card (I-551) with the code RE-6, RE-7, RE-8, or RE-9.
If a refugee does not have his or her I-94 or I-551, Social Security staff
usually can verify the person's entry as a refugee with the Immigration
and Naturalization Service.
Temporary Assistance for Needy Families (TANF)
Q. What is TANF?
A. TANF (Temporary Assistance
for Needy Families) is the program enacted on August 22, 1996. The new
law ended the federally funded AFDC (Aid to Families with Dependent Children)
program and created federal block grants to the states. The states have
broad discretion to design and administer their own welfare programs. Through
TANF, each state provides cash benefits to certain groups of low-income
families with minor children. States determine benefit levels and can set
limits on the length of time families can receive TANF assistance. States
also may provide supportive services, such as child care and transportation.
Q. Who can receive TANF assistance?
A. Refugees can receive TANF
assistance if their family meets all the requirements for eligibility in
their state (such as having limited income and assets) and they are a member
of one of the following groups:
Citizens:
Refugees who have become naturalized citizens are eligible for TANF assistance
under the same rules as native-born citizens. Citizen children of refugee
parents are eligible for TANF assistance.
Refugees in
the U.S. before August 22, 1996: As a result of federal- and state-level
legislation, almost all refugees in the U.S. at the time the welfare law
was enacted are eligible for TANF assistance to the same extent as citizens.
The law requires that all refugees are eligible for TANF assistance for
their first five years in the country. Almost all states have chosen to
continue this eligibility past the five year period for refugees (and other
qualified aliens(3)) who entered the country before August 22, 1996.
Refugees arriving
in the U.S. after August 22, 1996: The law requires that all refugees
are eligible for TANF assistance for their first five years in the country.
Most states have chosen to continue this eligibility past the five year
period for refugees (and other qualified aliens) who entered the country
after August 22, 1996.
Long-term workers
and certain of their family members: Legal permanent residents who
have worked or can be credited with 40 quarters of work under the Social
Security Act are eligible for TANF assistance to the same extent as citizens.
Spouses receive credit for the quarters worked by their husbands/wives;
children receive credit for the quarters worked by their parents while
the children were under the age of 18 (even if the children are now over
the age of 18).
Armed Forces
active personnel and veterans, and certain of their family members:
Refugees who are currently in the Armed Forces and those who are veterans
with honorable discharges who have met minimum active-duty requirements
are eligible for TANF assistance to the same extent as citizens. The unmarried
dependent children and most spouses of these refugees also can be eligible
for TANF assistance if they are legally residing in the United States.
Determining
a non-citizen's eligibility for TANF assistance can be a complex task.
You may wish to contact your local welfare office for the most current
information about refugee eligibility for TANF assistance in your state.
If you are told a particular refugee is not eligible for TANF assistance
due to her/his immigration status, you may wish to review your state's
TANF legislation and regulations to verify this information.
Some states
have placed restrictions on eligibility or benefit level for TANF assistance
applicants who have not resided in the state for a certain length of time,
such as thirty days or twelve months. Some of these residency requirements
have been declared unconstitutional by courts and are not in effect. Contact
your local welfare office for information on residency requirements in
your state.
Q. Is there a limit on the
length of time a family can receive TANF assistance?
A. Nearly all states have
set limits on the length of time a family can receive TANF assistance.
States may use federal funds to provide TANF assistance for a family that
includes an adult up to a lifetime limit of 60 months. States can use federal
funds beyond 60 months for up to 20 percent of a state's TANF caseload.
The federal law imposes no time limits on assistance provided with state
funds. About 30 states have set a lifetime limit of 60 months. Some states
have set lifetime limits shorter than 60 months. One state does not have
a time limit; another state requires work rather than reducing or terminating
assistance once the time limit is reached. In both of these states, parents
must meet program (including work) requirements to continue receiving TANF
assistance.
States have
differing policies on when a family can be exempt from time limits and
when benefits can be extended when a time limit is reached. In some states,
for example, families are exempt from time limits if the adult is incapacitated
or caring for a disabled family member. In some states, families may be
exempted from the lifetime limit or have their benefits extended upon reaching
the lifetime limit if the family includes an individual who has been subject
to domestic violence. In general, states do not apply time limits
to "child only" cases. (For example, these could be families in which a
child lives with parents who are ineligible. They could also be families
in which a child lives with adults, usually relatives, who are not the
parents of the child and the adults do not receive assistance themselves.)
In a handful of states, the family may continue to receive benefits for
the child once the adult's time limit has been reached. In determining
whether an adult has reached the time limit, states do not generally count
months when the adult received TANF assistance as a minor child.
States have
established requirements that recipients must meet to continue to receive
TANF assistance. All states include the following types of requirements
in their TANF plans. Your state may have adopted additional requirements.
Contact your local welfare office for information about the specifics of
your state's plan. States must assure that recipients are involved
in some form of work-related activity. However, the work requirement might
not take effect immediately, and some recipients may be exempted from this
work requirement. Individuals must cooperate with the state in obtaining
child support payments unless they have received a "good cause" exemption.
Parents younger than 18 must live with their parents, guardians, or other
adult relatives, or in other supervised living arrangements unless their
current living situation is found to be appropriate. They must also pursue
a high school diploma or its equivalent or participate in an alternative
educational or training program that has been approved by their state.
Endnotes:
1. The law is called the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
2. Asylees (but not asylum applicants),
aliens granted withholding of deportation, Cuban and Haitian entrants,
and Amerasian immigrants from Vietnam are treated the same as refugees
for the purpose of determining federal benefits eligibility.
3. The following groups of people
are qualified aliens: legal permanent residents (including Amerasians from
Vietnam), refugees, asylees, those granted parole for more than one year,
those granted withholding of deportation, conditional entrants before 1980,
Cuban-Haitian entrants, and certain victims of domestic violence.
4. In some states, refugees who
have been in the country longer than 5 years are required to adjust their
status to legal permanent resident to remain eligible for TANF assistance.
5. For qualifying quarters worked
after December 31, 1996, to be credited, the refugee and anyone else whose
quarters the refugee is claiming cannot have received "federal means-tested
public benefits"--which include TANF assistance, Aid to Families with Dependent
Children (AFDC), Supplemental Security Income (SSI), Food Stamps, Medicaid,
and Children's Health Insurance Program (CHIP) benefits--during the quarter.
State Children's Health Insurance Program (SCHIP)
Q. What is SCHIP?
A. SCHIP (State Children’s
Health Insurance Program) was established by the Balanced Budget Act of
1997 (BBA). SCHIP creates a federal funding source for states to create
and/or expand health insurance programs for uninsured, low-income children.
Families with incomes too high to receive Temporary Assistance for Needy
Families (TANF) in their state may be considered low-income for the purposes
of SCHIP eligibility.
Q. How may federal SCHIP funding
be used?
A. States may use federal
SCHIP funding to offer health insurance to uninsured children who are members
of low-income families and who are not eligible for Medicaid. States participating
in the SCHIP program have three options. They may expand the state’s Medicaid
program, create or expand a separate (non-Medicaid) state health insurance
program, or combine the Medicaid expansion and state program approaches.
A state’s choice of program design may affect the number of children in
the state who can be enrolled in SCHIP. States may use up to 10 percent
of their SCHIP expenditures on administration, outreach, direct health
services for children, and other health initiatives for children.
For example, states could fund refugee service agencies to conduct outreach
activities in the refugee community. As another example, states could
fund community or school-based health centers or subsidize insurance for
children in private health insurance programs.
Q. Can refugee children receive
SCHIP benefits?
A. As a result of a combination
of federal and state legislation, almost all refugee children may receive
SCHIP benefits if they meet all the requirements for eligibility that citizens
must meet (such as having limited family income and resources and being
uninsured). In a few states, refugee children who arrived in the U.S. after
August 22, 1996, and have been in the country longer than seven years are
not eligible for SCHIP benefits; this restriction will not affect refugee
children until August 22, 2003.
Some SCHIP programs
require deductibles, co-payments, or insurance premiums. However, regardless
of the type of SCHIP program, there are no deductibles or co-payments for
immunizations or well-baby, well-child, and well-adolescent visits.
In Medicaid
expansion programs, deductibles are prohibited for most families. However,
states are given the discretion to require specific categories of families
to pay deductibles and/or co-payments for certain services.9 Premiums are
allowable for some categories of children, although states rarely adopt
them.
In separate
(non-Medicaid) state programs, families may be subject to cost-sharing
measures such as deductibles or co-payments. For families with incomes
at or below 150 percent of the federal poverty level, deductible, co-payment,
and premium amounts are limited. For families with incomes above 150 percent
of the federal poverty level, states may impose cost-sharing measures based
on a sliding scale related to family income, but total costs may not be
more than 5 percent of the family’s income.
Q. Will using SCHIP benefits
affect refugees’ immigration status or eligibility for naturalization?
A. Some noncitizens are afraid
to use public benefits like SCHIP because they think using them will count
against them when they apply for Legal Permanent Resident (LPR) status
(the "Green Card") or naturalization. This concern is based on the possibility
that some immigrants could be denied LPR status if the Immigration and
Naturalization Service determines that they may become a public charge
in the future. Becoming a public charge means the individual is primarily
dependent on the government for financial support.
Public charge
determination is not a problem for refugees who are receiving SCHIP benefits.
Refugees are exempt from public charge determinations when they apply for
LPR status. Refugees can use any public benefit, including health care,
without hurting their chances of getting a "green card." Public charge
determinations are not part of the naturalization process, so using public
benefits does not affect an individual’s eligibility for citizenship.
Q. How can I find more information
about eligibility for SCHIP?
A. Information on the SCHIP
plan in your state can be obtained by calling "Insure Kids Now" toll-free
at 1-877-KIDS NOW (1-877-543-7669). "Insure Kids Now" is an initiative
of the Health Resources and Services Administration (HRSA), the Health
Care Financing Administration (HCFA), and the National Governors’ Association
(NGA). Two web sites also provide state-level information about SCHIP programs:
Insure Kids
Now (http://www.insurekidsnow.gov): provides information on coverage, eligibility
requirements, and who to contact for more information.
HCFA’s web site provides information
on SCHIP and other programs administered by HCFA. Two web pages within
the HCFA site provide specific information on SCHIP plans in each state:
http://www.hcfa.gov/init/children.htm
has a status report on the SCHIP plan in each state, state contact information,
and fact sheets about or copies of certain SCHIP plans.
http://www.hcfa.gov/init/chip-map.htm
has information about which states offer Medicaid expansion programs, separate
(non-Medicaid) state programs, or a combination of the two approaches.
Sources:
Center on Budget and Policy Priorities
(http://www.cbpp.org): State Options to Assist Legal Immigrants Ineligible
for Federal Benefits, Kelly Carmody, 2-25-98.
Health Care Financing Administration
(HCFA) (http://www.hcfa.gov): Child Health Insurance Program State Plans,
4-13-99. Medicaid Services, 9-11-96.
Immigrant Policy Project at the
National Conference of State Legislatures (http://www.ncsl.org): Welfare
Reform & Immigrants: Medical Assistance & Health Benefits, 11-29-97
(http://www.ncsl.org/programs/immig/publications.htm#issuebriefs).
National Conference of State Legislatures
(http://www.ncsl.org): SCHIP and Access for Children in Immigrant Families,
Ann Morse, January 2000 (http://www.ncsl.org/programs/immig/SCHIP.htm).
CHIP: State Options for Expanding Children’s Health Insurance, Shelly Gehshan,
5-7-98.
The Urban Institute (http://www.urban.org):
CHIP: A Look at Emerging State Programs, Frank Ullman, Ian Hill, and Ruth
Almeida, 1999 (http://newfederalism.urban.org/health_policy.html#chip).
How the New Welfare Reform Law Affects Medicaid, Leighton Ku & Teresa
A. Coughlin, 1998 (http://newfederalism.urban.org/html/anf_a5.htm). The
New Children’s Health Insurance Program: Should States Expand Medicaid?,
Alan Weil, 1998 (http://newfederalism.urban.org/health_ policy.html#CHIP).
The State Children’s Health Insurance Program: A Look at the Numbers, Frank
Ullman, Brian Bruen, & John Holahan, March 1998 (http://newfederalism.urban.org/html/occ4.html).
Endnotes:
1. The SCHIP program, sometimes
referred to as CHIP, was enacted as Title XXI of the Social Security Act.
2. "Children" is defined
as persons younger than 19.
3. According to the BBA,
the target population for the SCHIP program is children in families with
incomes at or below 200 percent of the federal poverty level. However,
states can cover children in families with incomes above 200 percent of
the federal poverty level by using income disregards. Year 2000 federal
poverty levels for the 48 contiguous states and the District of Columbia
are $14,150 for a family of three, $17,050 for a family of four, etc.
4. Medicaid pays for health
care provided to low-income people who are children, parent or caretaker
relatives of minor children, pregnant, aged, blind, or disabled. Also,
in some states individuals receiving Supplemental Security Income (SSI)
benefits are eligible for Medicaid. For more information on SSI, see ISED’s
Fact Sheet: Refugee Eligibility for Supplemental Security Income (SSI).
5. Medicaid is an entitlement
program, which means that all persons who meet the eligibility criteria
may enroll in the program unless their state has been granted permission
by the federal government to limit the number of children they will enroll.
Separate (non-Medicaid) state health insurance programs are not entitlement
programs. States may limit the number of eligible children who may enroll
in the program.
6. States that obtain a waiver
from the U.S. Department of Health and Human Services may use more than
10% of their SCHIP funding in these categories.
7. Asylees (but not asylum
applicants), Cuban and Haitian entrants, and certain Amerasian immigrants
from Vietnam are treated the same as refugees for the purpose of determining
federal benefits eligibility.
8. Also, there is one state
where all refugee children who have been in the U.S. longer than seven
years are ineligible for SCHIP benefits.
9. States may not require
co-payments for emergency services or family planning services.
Boyd F. Campbell is a member of the American Bar Association (ABA), the American Immigration Lawyers Association (AILA), and the Alabama State Bar. He served as Chair of the Immigration Law Committee of the ABA's General Practice, Solo & Small Firm Lawyers Section and as Co-Chair of the Immigration Law Committee of the ABA's Labor and Employment Law Section. He was a member of the ABA's Coordinating Committee on Immigration Law from 1994 to 1998. He is Chair of the International Law Section of the Alabama State Bar. In August, 2001, he was appointed the first practicing civil law notary in Alabama by the Alabama Secretary of State.
Questions and comments about these
articles may be directed to:
Immigration
Law Center, L.L.C.
P.O. Box 11032
Montgomery, Alabama 36111-0032
U.S.A.
Telephone: (334) 832-9090
E-mail: usvisa@visaus.com
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