robnewton

She's 92 years old and if she were to get to Texas, would she qualify under ObamaCare/Medicare, assuming she survived the trip??

sir_eccles

Immigration is a qualifying event to use the Healthcare exchanges. Problem is that most Americans expect to go onto medicare over a certain age so there may be limited options on the exchange. Off exchange, private insurance may be possible but expensive (premium is based on age).

There have been several threads recently about elderly parents and insurance.

scrubbedexpat099

Go on ther OCare site and see, never put in that age group but the answer should be yes, if no you need to call them.

Obviously the premium is just the start, check providers, make sure they will take OCare.

scrubbedexpat099

Presumably you are a USC and will or have petitioned her.

robnewton

I appreciate all the fast responses, will try and talk sense with an O'Care expert, and take it from there, regards, Rob

Sally Redux

"Assuming she survived the trip"?

Presumably there is some overriding benefit you both see in this.

Steve_

Medicare no, ACA yes, but in the last thread we were trying to establish if the ACA subsidy is a federal means-tested benefit, which it might be. Medicaid no, because that definitely is a federal means-tested benefit.

Have a read of I-864, which you have to fill in when you sponsor her in.

If she lives long enough to naturalize then Medicare becomes an option if you want to pay the Part A premium.

scrubbedexpat099

We?

Anyway pretty much all wrong.

Steve_

No, it's completely correct. Over to you. You really need to take the time to read the instructions for I-864.

scrubbedexpat099

You have no clue, just want to make sure nobody else gets the wrong idea.

Steve_

What on Earth are you on about?

Been over this in several threads. You can't claim means-tested benefits, you vow not to do it on I-864, this is federal law. Moreover, if you do claim them, there's a question on N-400 that asks if you did, and if you answer "yes" then you're in trouble. This was one of the major changes to US immigration law in 1996.

In what respect is that wrong?

So, you can't claim Medicaid (well only for emergency care), and you can't claim Medicare until you've been in the US five years anyway, so that leaves you with the ACA. The only bit I'm a bit unsure about is whether the subsidy is a means-tested benefit. Going by the dictionary it is but I'm not sure what USCIS think about it.

This covers the subject in painful detail: Resources for New Legal Aid Attorneys / Immigrants' Eligibility for Federal Benefits

But it was written before the ACA came into force.

Steve_

So I asked the lawyer who wrote that article above, essentially this is what she said:

(a) Medicaid is a means-tested benefit, in some cases it can even be defined as a State means-tested benefit, so the immigrant does not qualify except for emergency care;
(b) Medicare is only available to US citizens, or otherwise, people lawfully present with 40 qualifying quarters;
(c) The ACA was passed after the 1996 definitions were put in the INA and other laws, so currently an ACA subsidy is not considered to be a means-tested benefit.

So basically, if you sponsor in your parent(s), unless they get a job and get coverage that way, ACA health exchange coverage is basically it. Until they get naturalized, then they could get Medicare but as the part A premium alone is $407, doesn't make a lot of sense.

Also be aware of the "public charge" (i.e. a person dependent on govt. aid) criteria which is described in the article above.