New York Extends Immigrants' Eligibility for Health Programs

IMMIGRANTS & PUBLIC BENEFITS

Health Care

NEW YORK EXTENDS IMMIGRANTS' ELIGIBILITY FOR HEALTH PROGRAMS
Immigrants' Rights Update, Vol. 15, No. 6, Oct. 8, 2001

The New York Dept. of Health has extended coverage under the state's Family Health Plus program to all individuals who are permanently residing in the U.S. under color of law (PRUCOLs) and "qualified" immigrants, regardless of their date of entry. Family Health Plus provides health coverage to persons who do not qualify for Medicaid.

The Dept. of Health extended the program in response to the efforts of advocates and the New York Court of Appeals decision in Aliessa v Novello, 96 N.Y. 2d 418 (2001), in which New York's highest court decided that the state's failure to provide health coverage to all legal immigrants violated the equal protection clauses of the federal and state constitutions (see "N.Y. Law Restricting Immigrants' Eligibility for State Medical Aid Found Unconstitutional," Immigrants' Rights Update, June 29, 2001, p. 15).

Health coverage for immigrants in New York City has been further extended in the wake of the September 11th disaster. The Dept. of Health and New York City Medicaid offices have established a Disaster Relief Medicaid program, which provides four months of Medicaid to income-eligible individuals, regardless of their immigration status. Income eligibility for the program is higher than for Medicaid, and the program uses a simplified application process.

For New York City residents already receiving health coverage, redetermination for Medicaid and Child Health Plus A & B has been temporarily waived. Persons scheduled for redetermination before Jan. 31, 2002, will have their eligibility automatically redetermined for an additional year.