This Fact Sheet describes how immigrant survivors of sexual assault, domestic violence and other crimes can access free health care to meet their post-assault physical and mental health care needs. It describes health care open to all victims without regard to immigration status. It also discusses what health care options are available for immigrant survivors through the Victims of Crime Act, state and federal public benefits and the benefits of reporting crime victimization to law enforcement, prosecutors, courts, and other government agencies for immigrant survivors who will be filing for immigration relief through the U and T visa programs.
Public Benefits & Economic Stability > Healthcare
Topic: Healthcare
Materials regarding immigrants access to healthcare, such as pre-natal care, post-assault care, and forensic exams.
[pdf] Health Care Access for Lawfully Present Immigrants – Definitions (May 27, 2024) (+)
This publication provides a tool to help victim advocates, forensic nurses, health care providers, attorneys and other professionals working with immigrant survivors of domestic violence, sexual assault, stalking, dating violence, child abuse, and human trafficking identify lawfully present immigrant survivors who:
• Are eligible under federal law to purchase healthcare on state and federal healthcare exchanges; and
• May be eligible for state funded healthcare subsidies.
[pdf] Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services (HHS), Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program (May 8, 2024) (+)
Affordable Care Act regulations specifying which immigrants are considered lawfully present and eligible to access the state and federal healthcare exchanges. Lawfully present immigrants are also eligible for some state funded benefits including health care for children, pregnant persons and/or abused immigrants in many states.
[pdf] HHS Final Rule Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program (May 8, 2024) (+)
This document contains the regulatory history and the regulations delineating which noncitizens are eligible to purchase health insurance thorough the health care exchanges. The effective date of the regulations is November 1, 2024.
[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (May 24, 2024) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.
[pdf] O.M.G. et al v. Wolf et al. U.S. District Court for the District of Columbia (March 30 2020) (+)
O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. Leslye E. Orloff assisted in drafting and editing the brief. (March 30, 2020)
[pdf] Gabriel Perez Cruz v. Barr, U.S. Court of Appeals 9th Circuit (July 2 2020) (+)
Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing crimes, and the need for courts to consider these factors when adjudicating a domestic violence victim’s withholding of removal claims and particularly whether they crime they committed was a “particularly serious crime.” (July 2 2020).
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] United States v. State of Arizona and Janice K. Brewer Governor, (September 30 2010) United States Court of Appeals for the 9th Circuit (+)
United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access to programs and services necessary to protect life and safety and public health and will be extremely harmful to immigrant families from family separations forced by local law enforcement mandates to enforce federal immigration laws. This amicus brief was joined by 90 organizations working to help immigrant women and immigrant victims of violence against women. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] Immigrant Access to Health Benefits a Resource Manual (1999-2000) (+)
This publication was produced by the Access Project and the National Health Law Program. It contains chapters covering the following: 1) Immigrant access to Medicaid and SCHIP with the rules governing eligibility 2) Health Benefits Programs available to all Noncitizens Regardless of Status; 3) State and Local Programs offering health care; 4) Discusses Sponsor Deeming and Affidavits of Support; 5) Discusses Verification of Immigration Status Procedures, Confidentiality and Reporting; 6) Provides a Detailed Discussion of the 1097 Public Charge Rule still in effect in 2022; 7) Provides an Excellent Account of Language Access Laws in Health Care Settings All chapters include tips, and steps to take for victim advocates and attorneys helping immigrants access health benefits and services they and their children are legally eligible to receive.
[pdf] Guam – Medicaid FAQs – Department of Public Health and Social Services (August 5, 2022) (+)
Webpage on Medicaid in Guam including Emergency Medicaid.
[pdf] State-Funded Public Benefits Comparison Chart (June 29, 2022, updated July 7, 2022) (+)
This chart compares state-funded public benefits across states. The chart reports on state funded TANF, medical assistance, food stamps and driver’s licenses. This chart can be used together with NIWAP state by state benefits charts to look up the full legal citations that support immigrant crime victim eligibility in your state and neighboring states. To identify and compare the statutory and regulatory language used in any of the state statutes cited in this chart go to the NIWAP webpage that contains links to all state public benefits charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] NILC: Medical Assistance Programs for Immigrants in Various States (+)
The National Immigration Law Center provides up to date information on access to subsidized health care for immigrants. For legal citations that back up the substance of the NILC charts see NIWAP’s state by state charts.
[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
[pdf] October 2018 Newsletter – Clarifications on Medicaid and SNAP Eligibility and the 5-Year Bar (October 13, 2018) (+)
This issue includes: – Information for the Georgia Legal Services Program – No 5 Year Bar to Federally Funded Medicaid for Immigrants who Entered the U.S. before 8/22/1996 – New NTA Policy Memo Description – New Resources from NIWAP – Upcoming Conferences and Webinars
[pdf] June 2017 Newsletter – Nevada’s VOCA Assistance for Immigrants and Post-Assault Health Care Charts (+)
In this issue: – Crime Victim Compensation – Healthcare Chart Tools – Leadership for Justice Training Course
[pdf] Immigrant Survivor’s Access to Healthcare Newsletter (April 2015) (+)
Newsletter covering access to healthcare for immigrant survivors of domestic violence, sexual assault, human trafficking, child abuse and other U visa covered criminal activities. This Newsletter addresses the following topics:
*General Information Regarding the Affordable Care Act (ACA) and immigrant survivors
*Immigrant Crime Victims Who Are Eligible to Access the Healthcare Exchanges to purchase health insurance on the state and federal healthcare exchanges
*How to Immigrant Survivors Access the Healthcare Exchanges?
*Access to Healthcare Subsidies for Immigrant Survivors and Their Children
*Healthcare Access for Immigrants Who are NOT Eligible to Access the Healthcare Exchanges
*Applicability of Public Charge and Deeming Rules to Immigrant Survivors and their Children Eligible for Healthcare Subsidies
[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)
The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.
[pdf] Privacy Protections in Selected Federal Benefits Programs (+)
This document provides an overview of application requirements for specific public benefit programs.
[pdf] Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims: Medical Coverage and Services (February 12, 2017) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.
[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)
Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options
*State-By-State Immigrant Access to Health Benefits
Federal law provides access to various medical benefits for both qualified and unqualified immigrants: Qualified immigrants include: (1) LPRs, including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at least one year; (3) Cuban/Haitian entrants; (4) certain victims of trafficking; and (4) battered spouses and […]
[pdf] General Information Regarding the Affordable Care Act (ACA) (+)
[pdf] Slides: Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors (April 16, 2015) (+)
The passage of the Affordable Care Act (ACA) in 2010 created both an entirely new way to obtain healthcare in the U.S. and also expanded on some of the preexisting healthcare access options. Under the ACA, many immigrant survivors applying for immigration relief become eligble for and obligated to purchase health care through the newly developed healthcare exchanges at various points in time after they have filed their immigration case. This webinar will provide information and resources on current laws governing access to healthcare, insurance and subsidies for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking.
[pdf] Identification and Monitoring of Pregnant Detainees (August 15, 2016) (+)
U.S. Immigration and Customs Enforcement Policy that pregnant women will generally not be detained by immigration officials absent extraordinary circumstances.
[pdf] Triagency Letter: Citizenship Immigration Status and Social Security Numbers (January 21, 2003) (+)
Letter from HHS and the U.S. Department of Agriculture: Policy guidance regarding inquiries into citizenship, immigration status, and social security numbers in state applications for medicaid, State Children’s Health Insurance Programs (SCHIP), Temporary Assistance for Needy Families (TANF), and food stamp benefits. Approved for distribution by OMB. Form Approved OMB# 0990-0379 Exp. Date 9/30/2020
[pdf] Domestic Violence Fact Sheet: HHS (2012) (+)
Update of Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (2012)
*Empowering Survivors Table of Contents
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
[pdf] Medical Assistance Programs for Immigrants and Immigrant Crime Victims: State by State (+)
This chart details the eligibility of immigrants for various medical assistance programs and services, organized by state (including all 50 states, DC, Puerto Rico, Guam, and the Freely Associated States) and by immigration status. For more information on program eligibility in a particular state, please visit https://niwap.org/niwap_main/benefitsmap/.
[pdf] Access to Healthcare Under the Affordable Care Act (+)
A training to help immigrant survivors who qualify access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, look up what health care benefits survivors may qualify for by state, and help undocumented survivors access health care they are eligible to receive.
[pdf] Immigrant Survivors’ Access to Healthcare Under the Affordable Care Act (+)
A training to understand which groups of immigrant survivors can access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, and help all immigrant survivors access the forms of health care they are eligible to receive for themselves and their children based on their state of residence and the immigration benefits they are pursuing.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[pdf] Health Care Resource Guide for Service Providers Aiding Immigrant Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking and Other Criminal Activities (2014) (+)
This resource guide is intended to aid practitioners in efficiently and effectively locating materials on the health care options for immigrant survivors in the National Immigrant Women’s Advocacy Project’s (NIWAP) web library. This guide is broken down by type of health care or benefit. One of the tools included is a state-by-state comparison while other tools are focused on the benefits available to different types of visa holders. NIWAP offers a wide variety of resources and hopes this research guide provides some guidance in effectively finding the most useful resource.
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Federal, Partnership, and State Exchanges That Provide State and State-Option Funded Medicaid or Medicaid-Like Services (2014) (+)
This quick reference guide details the types of health care exchanges and government-subsidized health care programs run by each state, as well as the immigration-related eligibility requirements of each.
[pdf] Chapter 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (+)
This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).
[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[pdf] Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care (+)
Information regarding immigrants’ access to programs and services necessary to protect life and safety and post-assault health care. This reading covers the Personal Responsibility and Work Opportunity Act of 1996, the Emergency Medical Treatment and Active Labor Act, community health centers, the Fair Housing Act, the McKinney Homeless Act, and legal services.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[pdf] Health Care Reform: What Women Got, What Women Want and What Women Need (+)
A powerpoint presentation from the March 26, 2011 training in Crystal City, Virginia sponsored by Faithful Reform in Health Care.
[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)
Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata
[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.
[pdf] Chapter 17.4: Pre-Natal and Child Health Care For Immigrant Victims and Their Children (February 17, 2017) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have the option to elect to provide greater access to prenatal care for immigrants than offered immigrants and immigrant crime victims under federal law. This chapter provides a chart detailing for each state the programs that provide prenatal services for immigrants by immigration status, the type of coverage provided, and the eligibility/application process. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.
[pdf] Centers for Medicare and Medicaid Services (CMS): Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (2010) (+)
A memo that provides guidance on the implementation of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 11-3. Section 214 of CHIPRA permits states to cover certain children and pregnant women in both Medicaid and the Children’s Health Insurance Program (CHIP) who are “lawfully residing in the United States” as described in section 1903(v)(4) and 2107(e)(1)(J) of the Social Security Act.
[pdf] Community, Migrant and Homeless Health Center Handbook: Immigrant Eligibility for Publicly Funded Health Care Benefits (+)
The rules governing the eligibility of individuals who are not citizens of the United States for federal or state public benefits, including medical assistance, are complicated. They are also subject to change. This manual addresses the immigrant eligibility rules of the various health care programs in New York as they existed in December of 2008. Although these rules are unlikely to alter substantially within the next few years, advocates should be aware of the potential for change, including the possibility of national immigration reform, which is likely to establish new immigrant classifications. How those classifications will fit into the structure described here remains to be seen.
This manual does not address eligibility requirements in the health insurance programs other than the immigration status restrictions. It is assumed that the immigrant applying for medical assistance otherwise meets all the financial and other non-immigrant related requirements of the particular program.
[pdf] Policy Guidance RE: Citizenship, Immigration Status, and Social Security Numbers (January 21, 2003) (+)
Policy guidance regarding inquiries into citizenship, immigration status, and social security numbers in state applications for Medicaid, State Children’s Health Insurance Programs (SCHIP), Temporary Assistance for Needy Families (TANF), and food stamp benefits. Updated in 2006 and July 26, 2013.
[pdf] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)
The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.
[pdf] Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (January 16, 2001) (+)
This publication contains the final version of the Attorney General’s Order which was issued pursuant to sections 401 and 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Order specifies the types of community programs, services, or assistance for which all aliens remain eligible. This publication also responds to comments submitted regarding the Order.
[pdf] Access to Public Benefits for Battered Immigrant Women and Children (September 1999) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA) have substantially altered an immigrant’s ability to receive public benefits. These laws eliminated eligibility for most immigrants for Supplemental Security Income (SSI) and federal food stamps and gave states the discretion to determine whether immigrants can qualify for federal, state, and local public benefit programs. Subsequent laws, however, have restored access to SSI and food stamps for very limited numbers of immigrants.
[pdf] Patient Health Questionnaire (PHQ-9) (+)
This tool is designed for use by health care professionals who wish to screen patients for depression. It includes a questionnaire and a corresponding key to be used to analyze patients’ responses to the questionnaire.
[pdf] Patient Health Questionnaire (PHQ-9) – Spanish (+)
This is the Spanish version of the tool designed for use by health care professionals who wish to screen patients for depression. It includes the questionnaire translated into Spanish. For the corresponding key to be used to analyze patients’ responses to the questionnaire, please consult the English version of the Patient Health Questionnaire (PHQ-9) at https://niwaplibrary.wcl.american.edu/pubs/traum-temp-phq9english.
[pdf] Potential Legal Liability for Health Professionals for Actions for Inactions in Domestic Violence Cases (+)
If an injured victim of domestic violence is treated by a physician or nurse who does not inquire about abuse or who accepts an unlikely explanation of the injuries, and the patient then returns to the abusive situation and sustains further injuries, the physician or nurse could conceivably be held liable for those subsequent injuries. This reading is about the potential legal liabilities for health professionals working with patients in domestic violence cases.
[pdf] Benefits for Undocumented Immigrants (+)
This brochure highlights services and benefits that are available to immigrants in the US who do not have proper documentation. It also provides a list of agencies that offer services for immigrants and helpful information that may assist immigrants to navigate New York City’s benefits and services available to themselves and their children.
[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)
This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.