Purpose

We want immigrant dairy workers to learn about the importance of signing up their children in health care programs and to understand that health coverage can help their children lead healthier and stronger lives. 

If you are not eligible for health care programs (Medicaid or Marketplace) but your children are, you can apply for them! You do not need to provide information about your immigration status or social security number. The only way to know if you or your children are eligible for health coverage is by applying!

Health Insurance Programs

In this article we will focus on health coverage provided by Medicaid and Marketplace. Eligibility for Medicaid and MarketPlace is based upon immigration status and income. Medicaid regards a person eligible if that person is a U.S citizen or a qualifying immigrant. Marketplace regards a person eligible if that person is a U.S. citizen or national (or be lawfully present). More details about eligibility are coming right up. In our next article we will focus on how to apply for Medicaid and Marketplace.

Medicaid Public Benefit Programs for Qualifying Immigrants

There are two programs offered by Medicaid—BadgerCare Plus and Medicaid for the elderly, blind or disabled. BadgerCare Plus is a health insurance program for low-income men, women, pregnant women, and children in Wisconsin. Medicaid for the elderly, blind or disabled is a health insurance program for low-income people who are 65 or older, blind, or disabled. In this article we will focus on BadgerCare Plus because this is the program you need to sign up your children to get them health coverage.

BadgerCare Plus Eligibility—Immigration Status

Medicaid programs do not refer to Emergency services or Prenatal services programs. This is an important distinction because people who are undocumented could be eligible for emergency services or prenatal programs but not for Medicaid programs. 

Medicaid programs eligibility based upon immigration status refer to BadgerCare Plus and Medicaid for the elderly, blind or disabled. A list of eligible immigrant status a “U.S. citizen or qualifying immigrants” that includes the most common statuses that qualify under Medicaid are:

• U.S. citizen (children, pregnant women, and adults)
• Refugees and asylees (children, pregnant women, and adults)
• Permanent residents (children, pregnant women, and adults who have been permanent residents for 5 years)
• Some visa types, such as for victims of domestic abuse or human trafficking 

BadgerCare Plus Eligibility—Income 

Based on someone household size what they might be eligible for are based on their income. In this table you can see eligibility based on household size and income. In here household is defined as who you file taxes with. You read this table as follows: if you have a family of 3 and make less than $1,810/month, then everyone qualifies for BadgerCare Plus. The entire factsheet is found here: Health Insurance Options for you and your Family or at the end of this article.

BadgerCare Plus for Children

Children born in the U.S. can be eligible for BadgerCare Plus, even if their parents are not eligible. Children who are “qualifying immigrants” aged 18 and younger, do not have a 5-year waiting period. We want to emphasize the importance of enrolling your children in BadgerCare Plus if they are eligible because children have been disenrolled from BadgerCare Plus because parents are concern that this might impact their immigration status or increase the risk that a family member might be deported. Children’s enrollment in BadgerCare Plus or any public benefit program will not negatively impact their parents’ immigration status. For more information about the public charge rule go to coveringwi.org/immigration or look at our article here: Facts About Immigration and Public Benefits for Immigrant Dairy Workers, Public Charge Rule

Marketplace Eligibility—Immigration Status

Marketplace financial assistance or tax credits are not a public benefit, so it is not considered when looking at public charge rule. 

The Marketplace defines an eligible immigrant status as, “a U.S. citizen or national (or be lawfully present)” This means that Marketplace coverage accepts almost all statuses except for immigrants who are undocumented, and people who qualify under the Deferred Action for Childhood Arrivals (DACA) program. Then, if you can verify a status, the person most likely has an eligible immigration status

Marketplace Eligibility—Income

Marketplace tax credit eligibility in terms of income are for people between 100% and 400% of the federal poverty level and that is based on household size. This eligibility is true for people who qualify for Marketplace coverage and for people in the 5-year wait period (not eligible for Medicaid programs).

Low-Income Immigrants in 5 Year Wait Period

Immigrants in that 5-year waiting period do not qualify for Medicaid programs but they can qualify for Marketplace coverage. They will qualify for Marketplace with a tax credit even if they are below 100% of the federal poverty level. If you do have an eligible immigration status, you most likely have an option for health insurance.

Programs for Immigrants Not Eligible for Medicaid

For immigrant population who do not qualify for traditional Medicaid programs (BadgerCare Plus and Medicaid for the elderly, blind or disabled) due to immigration status (ie: undocumented or have not lived here 5 years), they may qualify for the following two programs: 

For women who otherwise would be income eligible for Medicaid who are pregnant, they may qualify for BadgerCare Plus Prenatal even if their status bars them from the Medicaid program and this is a very useful program because it covers all of the pregnancy related costs. 

Emergency services are for immigrants who also do not qualify for Medicaid but otherwise would if they had an eligible immigrant status. This program is used for people in that 5-year wait period or undocumented immigrants. This program is for children 0-18 years old, adults 65 or older, adults with disabilities, adults caring for children at home, and pregnant women.

Medical emergency is defined as risk of losing life or limb. There is an income level eligibility for this program as well. Talk with your health provider to assess your eligibility for this emergency program or call 1-800-362-3002 if you are unsure if you qualify. You do not need a social security number (SSN) to apply and your information will not be shared with INS (Immigration services) or ICE (Immigration and Customs Enforcement).

Options for Undocumented Immigrants

For more information about medical assistance options you can go to https://farms.extension.wisc.edu/coronavirus/#safe or https://www.coveringwi.org/signingup

Take Home Messages

• Each person in the family may qualify for a different health insurance option. Due to varying immigration statuses, some family members might not qualify for any type of health insurance coverage.
• Health coverage can help your children lead healthier and stronger lives.
• The only way to know if you are eligible for health coverage is to apply!
• If you are not eligible for Medicaid or BadgerCare Plus but your children are, you can apply for them! No need to provide information about your immigration status or social security number

Resources

Health Insurance Options for you and your family — In this PDF document you can find a description of options of health insurance.

Health Insurance for Pregnant Women BadgerCare Plus — Here you can find details about eligibility for this program.

Undocumented Immigrants Health Care Options — Here you can find a list of health care options for undocumented immigrants.

If you need this information translated into a language other than Spanish, English please contact us. You can call us at (608) 224-3708 or (608) 224-3704

This project is made possible by Covering Wisconsin and Wisconsin Department of Health Services with funding provided through the 2020 CARES Act relief fund

Purpose

Our purpose is to inform the relevant facts about the public charge rule to lessen the confusion and fear that many immigrant workers have regarding that rule. After reading this article, we hope that you will be able to make informed decisions about what public benefits or programs you can use, and that you can share what you learn in this article with others who may benefit from this information.

What is public charge?

A public charge is someone the government believed is likely to receive public benefits from the government. In other words, a person is likely to become dependent on the government for basic needs.

When does the government do a public charge test?

Only when YOU change or apply for a new immigration status.

What happens when a person is considered a public charge?

If a person is considered a public charge, this can affect their future ability to:

• Get a visa to enter the U.S.
• Get permanent residency (a “green card”)
• Change or renew status (does not apply to green holders or applications for citizenship)

Who can safely use public benefits?

If you have a status listed below, you can safely use public benefits:

• U.S. citizens
• Green card holders
• Refugee or asylee
• Special immigrant juvenile
• U or T visa (visas for victims of crimes)
• Violence Against Women Act (VAWA) approved self-petition
• Afghan and Iraqi employees of U.S. armed forces
• Members and families of the U.S. armed forces, ready reserves, or military serving in active duty
• Relief under Cuban Adjustment Act (CAA), the Nicaraguan and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA)

Are you undocumented?

You do not need or are not required to show your immigration status or social security number when you apply for public benefits for family members or when you are requesting discounted rates at community health clinics.

What are the public benefits considered in a public charge test?

• BadgerCare Plus Healthcare (Medicaid or ForwardHealth) for adults. Except anyone under age 21, Emergency Services for adults and children, or care for pregnant women until 60 days after birth of the baby.
• Assisted living or nursing home facility, or home care paid for by a Medicaid long-term care program
• Food assistance from Food Share (food stamps, QUEST, or EBT)
• Cash benefits from Wisconsin Works (W2) or Supplemental Security Income (SSI)
• Housing assistance from Public Housing or Section 8

Use of public benefit programs not on this list will not be considered by immigration officials.

Use of public programs does not automatically make you a public charge

When deciding if a person is likely to become a public charge, immigration officials look at variety of factors, including:

• Work, skills, and education
• Income, assets, and resources
• Public benefits usage
• Age
• Health
• Family size
• Affidavit of support

When should you seek legal assistance?

Many people eligible for benefits are not directly impacted by this new rule, but if a person is unsure, a lawyer can help them understand how each part of the public charge test may affect their family.

Free and low-cost legal options for legal help can be found at www.coveringwi.org/immigration

Key take home messages

1. Most immigrants can safely use public benefits
2. Many public programs are not considered in the public charge test
3. Benefits used by family members will not count in public charge decisions
4. Use of public programs does not automatically make you a public charge
5. Testing, treatment, or preventive care for COVID-19 not counted against person

Resources

Legal Services for Immigrants who Use Public Benefits — Here you can find a list of free and low-cost legal services available in Wisconsin.

New immigration rules and public benefits in Wisconsin — Here you can find a summary of the same information that we have presented in this article, which you can download and print.

Benefit program not included in public charge — Here you can find a list of public benefits related to health care, food programs, school assistance, childcare programs, programs for children with disabilities, COVID-19 programs, and other programs.

If you need this information translated into a language other than Spanish, English please contact us. You can call us at (608) 224-3708 or (608) 224-3704

This project is made possible by Covering Wisconsin and Wisconsin Department of Health Services with funding provided through the 2020 CARES Act relief fund