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Updates for local agencies, community-based organizations, and providers who provide assistance to members of Wisconsin's health and nutrition public assistance programs.
Reasonable Opportunity Period for Health Care Programs
Starting March 2, 2019, people who apply for and are determined to be otherwise eligible for Medicaid, BadgerCare Plus, or Family Planning Only Services but whose immigration status still needs to be verified may receive health care benefits while their immigration status is being verified. (The immigration status of people applying for the BadgerCare Plus Prenatal Program or Emergency Services does not need to be verified.) A person’s immigration status must be verified with the Department of Homeland Security, or the person must provide verification of his or her immigration status.
At least 95 days is allowed for the person’s immigration status to be verified. This 95-day period is called a reasonable opportunity period.
People whose immigration status is being verified with the Department of Homeland Security do not need to take any action. They will receive a letter saying they have been approved to receive benefits for a limited time and their immigration status is being verified with the federal government. If people’s immigration status cannot be verified with the Department of Homeland Security, they will receive a letter asking them to provide additional information. If they do not provide the information or are not eligible for benefits based on their immigration status, they will receive a letter telling them their benefits will end.
Note: People whose immigration status is being verified are not eligible for backdated benefits. Once verification of their immigration status is received, their eligibility for any requested backdated benefits can be determined.
In order to qualify for health care benefits during a reasonable opportunity period, an applicant must declare they are lawfully present in the U.S.
In most cases, people declare they are lawfully present by providing their immigration status, their immigration number, or a copy of their immigration document when applying for benefits. However, if this information is not provided, starting March 2, 2019, they will receive a letter requesting a copy of their immigration document or a completed Statement About Immigration Status form, which is enclosed with the letter.
With the exception of the BadgerCare Plus Prenatal Program or Emergency Services, people who do not declare they are lawfully present by providing a copy of their immigration document or completing the form will not be eligible for health care benefits until and unless they provide verification of their qualifying immigration status.
Military Service Verification for Health Care Programs and FoodShare
Currently, certain people must be in their immigration status for five years before they can be eligible for Medicaid, BadgerCare Plus, Family Planning Only Services, and/or FoodShare. They can be exempt from this five-year period if they meet certain criteria, such as U.S. military service. To meet the criteria for U.S. military service, the person must be lawfully residing in Wisconsin and one of the following:
- An honorably discharged veteran of the U.S. Armed Forces
- A person on active duty in the U.S. Armed Forces
- The spouse of an honorably discharged veteran of or person on active duty in the U.S. Armed Forces
- The child of an honorably discharged veteran of or person on active duty in the U.S. Armed Forces (The child must be unmarried and under age 18.)
- The surviving spouse of a veteran of the U.S. Armed Forces
Starting March 2, 2019, applicants can verify their military service by providing a signed statement regarding military service or copies of military records. A question will also be added to ACCESS to allow applicants to indicate that they may meet these requirements.
Reverification of Immigration Status for Health Care Programs
Currently, the immigration status of people applying for Medicaid, BadgerCare Plus, or Family Planning Only Services only needs to be verified once. However, if certain children, youth under age 21 in an institution for mental disease, or pregnant women are labeled with a nonimmigrant status by U.S. Citizenship and Immigration Services, their status may need to be reverified. This would begin March 2, 2019, if they are applying for benefits after having applied previously or in April 2019 if they are renewing benefits.
Note: During renewal, the immigration status of a pregnant woman would not need to be reverified until her eligibility after the end of the 60-day postpartum period is determined.
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