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Non-qualifying Immigrants

Q: Do children have to be legal citizens to qualify for BadgerCare Plus?
A: Yes, they must be citizens or qualified immigrants. See Ch. 4.1 of the BadgerCare Plus handbook for more information.

Q: Are children of parents who are not U.S. citizens eligible for BadgerCare Plus?
A: Yes, if the children are U.S. citizens or qualified immigrants.

Q: Will non-resident children count toward family size for determining income limits in BadgerCare Plus?
A: Yes. If the children are non-qualified immigrants, they will not be eligible for BC+ benefits, but would be counted as part of the household.

Q: If a 2 parent family has 5 kids (2 born in the USA and 3 born in outside of USA - non-resident) what number is used when determining size of family?
A: In the BC+ Handbook, the section on Citizenship and Immigration (4) states that all U.S. citizens and U.S. nationals are entitled to apply for and receive BC+ if they provide documentation of their citizenship and identity and meet all other eligibility requirements. The 2 children born in the USA are citizens, and therefore they may be eligible as long as they provide documentation and meet other eligibility requirements (such as income and residence). With respect to BC+ , “residence” refers to if the person lives in or intends to live in WI, and is not related to immigration. 

Under BC+ Handbook 2.4, every BC+ Assistance Group will have at least one potentially eligible member.  Besides these potentially eligible members, others in the household may be designated as a person whose income will be counted when determining financial eligibility.

Therefore, if the parents and other 3 children are non-qualifying undocumented immigrants and are not pregnant, they will not be eligible, but the 2 children who are us citizens may be eligible. The adults’ incomes will be considered. The non-qualifying undocumented family members may be eligible for BC+ Prenatal and Emergency MA.

Q: For women who receive BadgerCare Plus only for the length of their pregnancy (undocumented, NQIPW) will Badgercare Plus cover tubal ligation if it is done immediately after the delivery? For NQIPW, is the day of the delivery the last day they are covered by Badgercare Plus?
A: BC+PP eligibility ends when the pregnancy ends.  (Benefits will continue through the end of the month following timely notice requirements.)

Non-qualifying immigrants are individuals that are not eligible for BC+ due to immigration status. who lose eligibility for the BC+PP when their pregnancy ends, for any reason other than moving out of state, are eligible for Emergency Services from the time they lose BC+PP eligibility.

This is covered in the BadgerCare Plus handbook,  (41.6  BC+ Prenatal ELIGIBILITY END DATE)

Q: Since EMA (Emergency Medical Assistance) now goes to 300% FPL, will the state apply the Benchmark Plan for emergency services for those individuals from 200-300% FPL,  or will they apply the Standard Plan (a.k.a. standard Medicaid) for emergency services  with no premiums or co-payments?
A: Non-qualified immigrants will receive Emergency Services under Standard Plan coverage with no co-payments or premiums.

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