Help with figuring out benefit eligibility for immigrants

Many non-U.S. citizens are eligible for health coverage – not only through MassHealth or the Health Safety Net, but also through Commonwealth Care and all other programs. But due to the endless variety of documentation people have regarding their legal status, it can be difficult to figure out who should be able to get what benefits.

Tools from Massachusetts Law Reform Institute (MLRI) can help translate some knowledge of a person’s immigration status into eligibility:

• An Advocate’s Desk Guide to Non-Citizen Eligibility for MassHealth (PDF) sorts non-U.S. citizens with various legal statuses into eight groups according to which programs they are eligible for. The guide includes a detailed listing of documents that may be used as proof of eligibility, and helpful notes about potential pitfalls during the application process.
• Appendices to the guide (PDF; downloads all sections listed below as one document) include the following helpful charts:
• Key to Employment Authorization Document codes (Form I-688B or I-766) (PDF)
• Numerous examples of Permanently Residing Under Color of Law (PRUCOL) (PDF)
• Key to Selected Codes on Permanent Resident Cards (I-551) (PDF)
• Key to selected codes on arrival/departure record (I-94 card) (PDF)
• Other documentary evidence of immigration status (PDF)

You can get help with cases that are unclear or require appeals from:

• Legal services for non-citizens (PDF) listed in the MassHealth member booklet
• Health Law Advocates, which accepts clients below 300% FPL

Also, a few reminders about people who have no documentation:

• Non-U.S. citizens are not required to submit any immigration documents whatsoever if:
  * they are applying only for their U.S.-citizen/national children, and not themselves; or
  * they are applying only for MassHealth Limited, CMSP, Healthy Start, or the Health Safety Net. These programs require income verification only.
• Information about immigration status that is submitted in a Medical Benefit Request will not be shared with other government agencies.
• Participation in programs such as MassHealth and Commonwealth Care does not make individuals a "public charge" and cannot legally be held against them if they apply for a green card.

For a more basic overview of benefits available to immigrants, please see the "Public Health Insurance for Immigrants" fact sheet developed by Health Care For All and MLRI, available in English (PDF), Spanish (PDF), and Portuguese (PDF).

For yet more information about PRUCOL and Cuban-Haitian entrants, see our update from May 2008: MassHealth clarifies immigrant eligibility rules.