Category Archives: Immigration

Why are Medicaid and CHIP enrollment numbers declining?

For much of the past two years, enrollment in the Medicaid and CHIP programs has been declining.  In May, 2017, enrollment in both programs was 74.6 million people.  As of May of this year, enrollment had declined by 2.5%, to 72.8 million.  This decline has applied across the board, in almost every state, for adults and for children.

Superficially, this might make sense;… More

As a Public Charge Rule is Finalized by DHS, Concern Over Upcoming DOJ Rule Grows

Last Fall, we wrote about a proposed regulation issued by the Department of Homeland Security that involved one of our favorite topics:  the intersection of immigration and health care law.  My colleague Christian Springer and I have been following this proposed regulation very closely, and last week, it was issued in final form.  Because it has generated enormous press attention and because it has significant implications for the Medicaid program,… More

New Executive Order Could Restrict Medicaid Coverage for Non-U.S. Citizens Seeking Immigration Benefits

We have written in the past about the link between Medicaid and immigration.  Last October, we described a proposed rule issued by the Department of Homeland Security that would strengthen the “public charge” grounds for inadmissibility to the United States.  If this proposed rule is finalized, many non-U.S. citizens seeking immigration benefits (such as a visa, adjustment in status or naturalization) could see those benefits denied if they utilized public benefits such as Medicaid.… More

Immigration and Health Care:  Some New Developments

We have written recently about the interrelationship between the Medicaid program and U.S. immigration law.  Our post generated a lot of interest and now there’s a new development to report.

On October 10, 2018, the Department of Homeland Security (DHS) published a proposed regulation in the Federal Register that, if finalized, may have an effect on individuals seeking admission to the United States,… More

Immigrant Access to Healthcare

Some things in the world would be much simpler if they stayed separate, but we all can’t have what we want. As health care lawyers, Tom Barker and I are used to navigating complex and intersecting fields of law such as tax, contracts, fraud and abuse, insurance, and federal health care program coverage and reimbursement. But we also know a bit about immigration law from our pro bono work representing individuals seeking lawful status in the U.S.… More

Presentation: Immigrant Access to Coverage Under the ACA and Medicaid

As if eligibility for public health insurance programs in the United States weren’t confusing enough, the issues become even more complicated when the applicant isn’t a U.S. citizen. This presentation (created by Editor Tom for a class he teaches at George Washington University), with a few case studies, walks through some of the pathways to coverage and even points out a few surprising results!

Click here to download the slides.… More