Medicaid for Brazillian Mother-in-law

[NewyorkSponsorCouple]

Hello, my wife and I are U.S. citizens residing in NY. I’m looking for some direction regarding my 64 year-old Brazilian mother-in-law. My wife (her daughter) and myself sponsored her mother and father’s green card application in 2020. Both have since received their green card. Her father has since returned to Brazil, over a year ago, and am not sure if he will be returning We know that her mother is eligible for Medicaid but am not certain if my wife and I can be held financially responsible for her accrued Medicaid medical charges as we both were her sponsors in 2020. I’ve read that there is a difference between emergency Medicaid and non emergency Medicaid, but am not certain if New York is a state that attempts to recover funds from sponsors. Any help from someone would be more than appreciated. Thank you!

[angelica]

If your mother-in-law's income is low enough, she is eligible for regular Medicaid (not Emergency Medicaid) in New York state. See this, page 7. In the first 5 years, she is not eligible for federal Medicaid, so her regular Medicaid is paid solely by the state and local governments. As for I-864 obligations, it she uses "means-tested public benefits", the sponsor(s) can be asked for repayment. I-864 instructions says you need to look at I-864P for the definition of "means-tested public benefits". I-864P says federal means-tested public benefits include Medicaid, but I'm not sure whether the Medicaid during her first 5 years would count as it is not federal Medicaid. I-864P says each state determines which are its state means-tested public benefits, so it is unclear whether her Medicaid will count. I am not aware of any state suing sponsors.

[vmsk0716]

Hello, my wife and I are U.S. citizens residing in NY. I’m looking for some direction regarding my 64 year-old Brazilian mother-in-law. My wife (her daughter) and myself sponsored her mother and father’s green card application in 2020. Both have since received their green card. Her father has since returned to Brazil, over a year ago, and am not sure if he will be returning We know that her mother is eligible for Medicaid but am not certain if my wife and I can be held financially responsible for her accrued Medicaid medical charges as we both were her sponsors in 2020. I’ve read that there is a difference between emergency Medicaid and non emergency Medicaid, but am not certain if New York is a state that attempts to recover funds from sponsors. Any help from someone would be more than appreciated. Thank you!

Were you able to figure this out? In same situation.

[Aanedo]

Hello vmsk0716, have you been able to obtain more information on the process for obtaining insurance for elderly parents and what is required? Thank you.

[Eva55]

Hello, my wife and I are U.S. citizens residing in NY. I’m looking for some direction regarding my 64 year-old Brazilian mother-in-law. My wife (her daughter) and myself sponsored her mother and father’s green card application in 2020. Both https://zumbaliciouscrew.com/en/zumba-at-home/ have since received their green card. Her father has since returned to Brazil, over a year ago, and am not sure if he will be returning We know that her mother is eligible for Medicaid but am not certain if my wife and I can be held financially responsible for her accrued Medicaid medical charges as we both were her sponsors in 2020. I’ve read that there is a difference between emergency Medicaid and non emergency Medicaid, but am not certain if New York is a state that attempts to recover funds from sponsors. Any help from someone would be more than appreciated. Thank you!

When you and your wife sponsored your mother-in-law’s green card application in 2020, you likely signed an Affidavit of Support (Form I-864). This form is a legally binding document in which you agree to financially support the sponsored immigrant to ensure they do not become a public charge. In theory, this makes you financially responsible for certain benefits they receive, and the government can seek reimbursement from the sponsor for those costs. However, the enforcement of this responsibility varies by state and program.

Medicaid, which your mother-in-law may now be eligible for, presents a specific concern. In New York, Medicaid programs generally do not pursue sponsors for reimbursement for services provided to the sponsored immigrant. However, there is a distinction between emergency Medicaid and full Medicaid coverage. Emergency Medicaid is primarily for life-threatening emergencies and does not typically involve sponsor liability. On the other hand, full Medicaid, which covers a broader range of medical services, may raise concerns depending on the circumstances, though New York State has not been known to aggressively seek recovery from sponsors.

Given that Medicaid policies and sponsor liability are complex and vary by state, it’s advisable to consult directly with an immigration attorney or a healthcare policy expert. They can provide tailored advice regarding New York’s approach to sponsor obligations under Medicaid. Additionally, you may want to clarify whether your mother-in-law’s Medicaid enrollment is for emergency services only or includes full coverage, as this could affect the situation.

Lastly, since her father has returned to Brazil and may not return, it’s important to consider the implications for his green card status as well, since prolonged absence can lead to abandonment of residency. Addressing these details with an expert will help you better understand your obligations and avoid unexpected financial or legal issues.