Are undocumented immigrants eligible for federal health care programs and benefits?
In general, no. Undocumented immigrants are largely ineligible for federal healthcare programs like Medicaid and Medicare and are ineligible for most federal health care benefits, aside from emergency care.
Due to the
Personal Responsibility and Work Opportunity Act of 1996 (PRWORA), undocumented immigrants (and immigrants without permanent status like DACA recipients, TPS holders, or nonimmigrant visa holders) are barred from access to most federal benefits, including federal health care programs and assistance, including Medicaid and the Children’s Health Insurance Program (CHIP).
Under the law, undocumented immigrants
may only access federal benefits that are deemed necessary to protect life or guarantee safety in dire situations, such as emergency Medicaid, access to treatment in hospital emergency rooms, or access to healthcare and nutrition programs under the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC). order to be eligible for these emergency services, undocumented immigrants need to meet all of Medicaid’s other nonfinancial and financial eligibility requirements.
The
Emergency Medical Treatment and Labor Act (EMTALA) ensures that all patients regardless of citizenship or immigration status have access to emergency medical treatment. The purpose of EMTALA is to ensure all Medicare-participating hospitals do not to turn away individuals who need lifesaving care. Undocumented immigrants use of EMTALA-related services is often covered via emergency Medicaid.