Last week, CMS issued an informational bulletin to states' Medicaid and Children’s Health Insurance Program (CHIP) agencies reaffirming that the 2019 Public Charge Final Rule – “Inadmissibility on Public Charge Grounds” – is no longer in effect and states should encourage their eligible immigrant populations to access public benefits related to health and housing.
Consistent with the Department of Homeland Security’s (DHS) currently applicable 1999 guidance on public charge inadmissibility, accessing Medicaid benefits, for example, will usually have no bearing on anyone’s immigration status. DHS will no longer consider a person’s receipt of Medicaid (except Medicaid for long-term institutionalization) as a part of a public charge determination when deciding immigration status.
The 2019 Final Rule may have deterred immigrants from seeking for themselves and their families, including their children, critical government services that are legally available to them. The bulletin reminds states about their responsibilities to protect the rights of Medicaid applicants and their families. Access the bulletin