Rights to Emergency Care: All immigrants have the
right to be treated if they have a medical emergency. All
hospital emergency rooms in New York State provide
medical screening to patients, regardless of their
immigration status and regardless of their ability to pay.*
Uninsured individuals, undocumented immigrants, as well
as people who have non-immigrant visas have the same
rights to emergency care as all other New Yorkers.
Anyone with an emergency medical condition has
the right to an ambulance (emergency medical
transportation), regardless of immigration status or ability
to pay. You can get an ambulance by calling 911.
A patient who arrives at the hospital emergency room
has a right to be examined to determine if she or he has a
medical emergency. A patient has a medical emergency if:
- the patient’s medical condition has severe symptoms,
including severe pain, and
- not getting immediate medical attention could result
in serious risk to the health of the patient, or damage
to bodily functions – for example, to an organ or
body part. This includes serious health risks to a
pregnant woman or her unborn child.
If a medical worker determines that a patient has a medical
emergency, the hospital must treat and stabilize the
patient. The patient is stabilized once the emergency medical
condition will not get worse if the patient leaves the
hospital. In unusual cases, a patient with an emergency
medical condition may be transferred to another hospital
or center to receive special care.
Rights to Non-Emergency Care: All uninsured New
Yorkers, including people who are undocumented, can
receive health care from federally funded community
health centers, and from the public hospitals, diagnostic
and treatment centers, long-term care facilities, and
clinics maintained by New York City’s Health and
Hospitals Corporation (HHC). These medical providers
are not permitted to turn away patients who cannot pay
for care, even if a patient’s medical condition is not an
emergency.
Payment Options – Public Health Insurance: Many
immigrants are allowed to use public (government) health
insurance programs to pay for the cost of their medical
care. All categories of immigrants in New York State,
including undocumented immigrants, are permitted to
use Child Health Plus (for those younger than 19) and
PCAP (for pregnant women). Emergency Medicaid is
available to cover medical emergencies for low-income,
undocumented immigrants. All categories of low-income
legal immigrants in New York State are permitted to use
Medicaid and Family Health Plus. All of these programs
are now available regardless of how long a person has been
in the country. Each program has its own rules about
income and resources.
Some immigrants are not eligible for any public health
insurance other than Emergency Medicaid, even though
they have little income. For example, an adult immigrant
who is undocumented is only eligible for public health
insurance if she experiences an emergency or is
pregnant.
Payment Options – Reduced Rate: All hospitals, public
and private alike, have the ability to reduce the fee for
your health care, as do federally funded clinics and health
centers. In what is referred to a sliding fee scale,
fee reductions, and fee settlement, a lower charge is offered
based on a patient’s income, which makes the health
care more affordable. Federally funded health
centers and HHC’s hospitals and clinics must ensure that a
patient’s inability to pay for care does not create an
obstacle to obtaining care, or cause financial ruin for the
patient. It is HHC’s policy that no patient will be required
to pay more than he or she can afford, and no patient will
be denied care because of an inability to pay. Medical care,
however, is rarely free and all patients are asked to
contribute a reasonable and fair amount toward their care.
Payment plans are also available, allowing patients to pay
their reduced medical bills over time. HHC facilities, and
many health centers and private hospitals will help patients
to sign-up on-site for free or low-cost public health
insurance, patients should talk with the financial counselor
or a social worker. Insurance programs are generally safe
for immigrants to use.
Hospitals throughout New York State receive hundreds
of millions of dollars each year to help reimburse the cost
of charity care, which is free or discounted care to
patients who are uninsured or cannot afford to pay the
hospital’s full charge. In order to hold hospitals accountable
for these funds and to encourage greater access to
health care for all New Yorkers, the State of New York
has adopted a uniform system of hospital billing and reporting standards. Enforceable January 1, 2007, all
general hospitals throughout the state will be required to
implement a sliding fee scale and ensure that each patient
is made aware of the hospital’s financial assistance
policies. Additionally written information about
financial assistance must be made publicly available in the
languages of the communities served by that hospital,
patients must be notified at registration and information
must be included with all bills.
Although by January 1, 2007 all private and public
hospitals and most clinics throughout New York State
will be required to offer sliding scale options, it is sometimes
necessary to advocate on behalf of the patient by
contacting a social worker, billing or financial staff, or an
ombudsperson to ensure that the health care provider
makes these affordable payment options available.
Common Concerns for Uninsured Immigrants:
1. Will the emergency room report me to the INS
(Immigration and Naturalization Service)?
No one is supposed to report you to the INS for using
medical care, or for trying to obtain medical coverage
(including Medicaid, Family Health Plus, PCAP, ADAP,
CHIP and emergency Medicaid). Hospital workers,
Medicaid eligibility workers, and health department staff
have no obligation or authority to share any information
with INS about you.
2. am an undocumented adult who does not have
insurance. What should I tell people at the hospital
about
my immigration status?
You are not required to document your immigration
status before receiving care.You can say that you do not
think you are eligible for Medicaid.
3. When I come to the hospital I’m asked for a
social security number. What if I don’t have one?
The hospital is trying to figure out whether or not you
might be eligible for public insurance. You should not be
turned away, even if you do not have a social security
number. Tell them that you would like to talk with
someone about payment options. Payment options can
include public insurance, sliding scale, fee settlement, and
HHC Plus (at HHC facilities).
4. Will I have to pay back the cost of Medicaid I
used before I can adjust status (or become a
citizen,
or get work authorization)?
No. You will only be asked to pay back public health
insurance costs if you provided false information or false
documents when you applied for coverage.
5. Are there laws that protect the rights of people
who need emergency care?
Yes. Individuals who are asked for insurance information
and then turned away by an emergency room if they are
uninsured, or who are not screened by medical personnel,
may have a legal claim under federal (EMTALA) and
state (EMSRA) laws.
If you have questions about immigrants’ access to
health care and insurance, or feel that your rights have
been violated, contact the Legal Aid Society at
212-577-3575, or the New York Immigration Coalition
at 212-627-2227.
* A few hospitals that focus on specialized or limited
treatment are exceptions, and do not have to provide
screenings by medical personnel. Produced by the New
York Immigration Coalition, with information from
New York Lawyers for the Public Interest (NYLPI) and
the Commission on the Public’s Health System (CPHS).
For a copy of NYLPI’s training manual “The Rights of
the Uninsured in New York City,” call 212-244-4664.
This information sheet was reviewed by the NYC
Health and Hospitals Corporation, Legal Aid Society –
Health Law Unit, CPHS, and Greater Upstate Law
Project.
Used with permission of the New York Immigration Coalition.
 Previous | Next 
|
