非法移民享受医保的证据

 

1. Emergency Medical Care

 

The primary federal mandate ensuring access to care for life-threatening conditions, regardless of immigration status, is governed by two key laws:

Source/Program	Details and Scope	Source Reference
Emergency Medical Treatment and Labor Act (EMTALA)	Federal Law: Enacted in 1986, this act requires nearly all U.S. hospitals with emergency departments that participate in Medicare to provide: 1. An appropriate medical screening exam to determine if an "emergency medical condition" exists. 2. Stabilizing treatment for an emergency medical condition, or an appropriate transfer to another hospital. This must be done regardless of the individual's ability to pay, insurance status, or immigration status.	42 U.S.C. § 1395dd (Section 1867 of the Social Security Act), as referenced by Congress.gov/CRS Report IF12355 and NCBI Bookshelf/StatPearls.
Emergency Medicaid	Federal/State Funding: Undocumented immigrants are generally ineligible for full Medicaid. However, federal law requires states to provide limited Medicaid coverage to reimburse hospitals for treating an "emergency medical condition" (as defined by the state) for individuals who meet all other Medicaid eligibility criteria (like income and residency) but are ineligible solely due to their immigration status. Labor and delivery costs are a significant component of this spending.	8 U.S.C. § 1611(b)(1)(A) and 42 U.S.C. § 1396b(v)(3) (Emergency Medicaid provision), as referenced by Congress.gov/CRS Report IF11912 and NILC. State-specific examples can be found in resources like the Utah Dept of Health and Human Services or NC Medicaid fact sheets.

 

2. Primary and Preventative Care

 

Access to routine, non-emergency care is more limited but exists primarily through the healthcare safety net.

Source/Program	Details and Scope	Source Reference
Federally Qualified Health Centers (FQHCs)	Safety Net Providers: FQHCs receive grants under Section 330 of the Public Health Service Act to serve medically underserved communities. They are required to provide comprehensive primary and preventive services, including medical, dental, and mental health care, and must not turn away patients based on their ability to pay or immigration status. They use a sliding-fee scale based on income. Note on Recent Change: Recent guidance from HHS may restrict access to non-exempt services for "Non-Qualified Aliens" (including undocumented immigrants) that are funded by Section 330 grants, treating them as a "Federal public benefit." This change is a significant development, but most FQHCs remain essential access points.	Section 330 of the Public Health Service Act (42 U.S.C. § 254b), as referenced by the Rural Health Information Hub and Immigration Forum Fact Sheet.
Charity Care/Free Clinics	Local Initiatives: Many hospitals have Charity Care policies that cover or discount services for low-income, uninsured patients, including undocumented individuals, though these policies are not uniform. Additionally, Free Clinics operate independently to provide care at no cost.	General hospital financial assistance policies; referenced by Illinois.gov and various local community health resources.

 

3. State-Funded Comprehensive Coverage

 

While federal law restricts most public benefits, some states use their own funds to create comprehensive health programs for residents regardless of their immigration status.

State/Program (Examples)	Target Population and Scope	Source Reference
Illinois' Health Benefits for Immigrant Programs	Illinois historically provided state-funded comprehensive coverage for certain non-citizen groups: Health Benefits for Immigrant Adults (HBIA) (age 42-64, though this program has seen recent closure/scaling back) and Health Benefits for Immigrant Seniors (HBIS) (age 65+). These programs provided full Medicaid-like benefits.	Illinois.gov (HFS) website and NILC resources, detailing the expansion and recent budgetary changes.
California's Medi-Cal Expansion	California has consistently expanded full-scope Medi-Cal (its Medicaid program) to low-income residents regardless of immigration status. As of 2024, coverage has been expanded to all low-income individuals, including undocumented, regardless of age.	NILC's "Overview of Immigrant Eligibility for Federal Programs" mentions California as one of five states that "offer or will offer public or private health coverage with state subsidies to all otherwise eligible immigrants regardless of their immigration status."
Prenatal/Maternal Care	Numerous states offer prenatal care to pregnant individuals regardless of immigration status, often by defining the fetus as the eligible recipient of CHIP-funded services (the From-Conception-to-End-of-Pregnancy (FCEP) Option).	Congress.gov/CRS Report IF11912 and NILC reporting on state CHIP options.

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