Know Your Rights & Health Access
Everyone has the right to health care, regardless of immigration status. This information from the National Immigration Law Center (NILC) provides information that all families – regardless of their immigration statuses – should know when they apply for health insurance programs or seek health care services.
Your Right to Health Care
U.S. federal law ensures that you do not need to have U.S. citizenship, lawful immigration status, or a social security number (SSN) to receive health care services. Health care providers—including hospitals, clinics, health centers, and doctors—cannot deny medical treatment based solely on your immigration status—or based on assumptions they make about your immigration status because of the language you speak, your accent, what you look like, or whether you have an SSN. In fact, doing so may violate federal civil rights laws.
Under federal law, if you need emergency medical services, hospitals with emergency rooms must screen and treat you regardless of your immigration status, how much money you have, or whether you have insurance. Similarly, you can seek primary and preventive health care at community health centers regardless of your immigration status, your ability to pay, or whether you are insured.
Your Right to Receive Care in Your Language
You have a right to receive language assistance services at no cost when you seek health care at a hospital or community health center or are applying for Medicaid, CHIP, or a Marketplace plan. Hospitals, community health centers and government offices may use bilingual staff, telephone interpretation services, and/or qualified in-person interpreters to provide language assistance services. Children should not be asked to interpret for their family members, especially in health care settings.
Asking for Identification
Hospitals and health care providers may ask for photo identification, but not for purposes of immigration enforcement. Medical providers may ask for this information to find out if you may be eligible for public health insurance, like Medicaid. Health care providers also ask for identification to make sure that the person getting care is the same person whose name is on the medical record or prescription. You should not be refused health care because you do not have a photo ID.
Attaining Health Insurance
Federal privacy rules protect families applying for health insurance, including families whose members have different immigration statuses. The information you provide to apply for Medicaid, CHIP, or an Affordable Care Act (ACA) Marketplace plan may be used only for the operation of that program—not for immigration enforcement purposes. Government workers, enrollment assisters, and people who help with insurance applications are required by law to keep your information private and secure.
By law, applications for Medicaid, CHIP, and ACA Marketplace plans can require your citizenship or immigration status information only if you are applying for coverage for yourself. The applications may not ask for your citizenship or immigration status information if you are applying to enroll another person, like your child, and are not applying for yourself.
Your Health Care Options
You have the following health care options, regardless of immigration status or whether you have health insurance:
Basic emergency room treatment for serious medical emergencies, including labor and delivery.
Health care services from community health centers, migrant health centers, and free clinics.
Services from state or local departments of public health (including immunization, screening and treatment for communicable diseases).
Programs providing health services necessary to protect life or safety: including emergency medical, food or shelter programs; mental health crisis services; assistance for people experiencing domestic violence; crime victim assistance services and disaster relief.
Financial assistance or “charity care” programs at community health centers and most public and safety-net hospitals.
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Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.