... most medical services are still safely available.
There is growing concern and apprehension within the immigrant community in Georgia about which services they can receive after the passage of Senate Bill 529, which is anti-immigration state legislation enacted in 2006. Confusion about available healthcare services could possibly force thousands to avoid receiving necessary medical care. However, certain medical services are still available to all Georgia residents, regardless of their legal status.
As of July 1, the Georgia Security and Immigration Compliance Act (formerly Senate Bill 529) will go into effect ? changing the way all legal Georgians and undocumented immigrants can receive state-funded services. The law requires adult patients seeking certain state and locally funded health care services to provide verification documents or sign an affidavit verifying they are lawfully in the United States. The new restrictions in Georgia mainly apply to adults seeking government subsidized services for non-emergency problems.
Under the new law, all prenatal services, services for infants and youth, and services providing prevention, diagnosis, and treatment for communicable diseases will not require verification. Medical, vision, and dental services for children (under the age of 18) will still be available without requiring verification. Also, those seeking medical attention from privately-funded facilities- which are not funded by state money- or those who choose to pay in full for services will not need to verify status to receive care.
Only adults (over 18 years of age) will need to verify legal status prior to care at state and local health departments; however, in the interest of public health many medical services will still be available for adults- even those who are undocumented. Services for adults that never require verification of legal status at state or county health clinics are the following:
? Prenatal care (under Babies Born Healthy program) including pregnancy tests
? Immunizations
? WIC coupons
? Family planning services
? Community health fairs and screenings
? Emergency medical treatment
? Doctor?s visits for symptoms that could be a communicable disease.
Communicable diseases include, but are not limited t all sexually transmitted diseases, the flu, E. coli, tuberculosis, and meningitis. Patients do not have to know whether or not their condition is contagious to seek care- if it could be communicable, that is enough to not require verification. Possible symptoms include, but are not limited t cough, fever, chills, diarrhea, vomiting, rash, headache, and others. The following are programs for which immigrants will remain eligible under the federal Personal Responsibility and Work Opportunity Act (PRWOA) of 1996- services such as these are provided as in-kind (not cash) and are not based on a person?s income:
? Soup kitchens, crisis counseling, police, fire, ambulance, transportation, and sanitation services
? Services and assistance relating to child protection, violence and abuse prevention services
? Programs, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions
? Medical and public health service (including treatment and prevention of disease and injuries) and mental health, disability, or substance abuse assistance necessary to protect life or safety
The law only requires verification of legal status for publicly-funded health services, i.e. government subsidized assistance. If a patient does not want to declare whether or not they are in this country legally, they can still receive care from a county or state health clinic, they will just need to pay the full, unsubsidized price for the service. Parents can still receive subsidized care and benefits for their U.S. citizen children regardless of their own status. Federal law already prohibits undocumented persons from receiving Medicaid, PeachCare and Food Stamps. While these programs do not serve undocumented immigrants they have been and continue to be available to U.S. born children, regardless of the legal status of the parents. Parents should be prepared to show a U.S. birth certificate for the child or other records of U.S. birth from a local government, hospital or clinic.
Certain medical services still available without verification of legal status
The new Georgia Security and Immigration Compliance Act (formerly passed Senate Bill 529) requires the government to verify the legal status of all persons 18 years or older who apply for public benefits as of July 1, 2007. The law only applies to services provided by state or county health clinics?privately- funded clinics are not required to verify legal status for any service. All medical, vision, and dental services for children (under the age of 18) will still be available without requiring verification. Peachcare and Medicaid services will still be available to United States born children. Many medical services will still be available for adults, regardless of their legal status is in the United States. Services that NEVER require verification at state or county health clinics are the following:
? Prenatal care (under Babies Born Healthy program)
? Immunizations
? WIC coupons
? Family planning services
? Community health fairs and screenings
? Emergency medical treatment Doctor?s visits for symptoms that could be a communicable disease.
Communicable diseases include, but are not limited t all sexually transmitted diseases, the flu, E. coli, tuberculosis, and meningitis. Patients do not have to know whether or not their condition is contagious to seek care?if it could be communicable, that is enough to not require verification. Possible symptoms include, but are not limited t cough, fever, chills, diarrhea, vomiting, rash, headache, and others. The following are programs for which immigrants will remain eligible under the federal Personal Responsibility and Work Opportunity Act (PRWOA) of 1996- services such as these are provided as in-kind (not cash) and are not based on a person?s income:
? Soup kitchens, crisis counseling, police, fire, ambulance, transportation, and sanitation services
? Services and assistance relating to child protection, violence and abuse prevention services
? Programs, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions
? Medical and public health service (including treatment and prevention of disease and injuries) and mental health, disability, or substance abuse assistance necessary to protect life or safety
For adults 18 years old and older, the following services WILL require verification:
? Care for chronic conditions (i.e. diabetes, heart disease, etc.)
? Vision and hearing
? Oral health
? Nutrition (for non-pregnancy related care)
The law only requires declaration of legal status for publicly-funded benefits ? patients can always go to a clinic and pay the full unsubsidized price for the service if they do not want to declare whether they have legal status in the United States or not.
Still Safe for Immigrants to Go to the Doctor, Hospital ? Correcting Misconceptions about Healthcare in the Georgia Security and Immigration Compliance Act Some common questions and answers about utilizing health care services
1. Who has to be considered for verification?
Everyone! This verification requirement is not limited to those who are suspected of being an undocumented immigrant. Along with healthcare services, the verification forms for legal status cannot be given to anyone based on assumptions about an individual?s race, religion, gender, ethnicity, or national origin. That is, lawful presence in the United States must be verified of everyone equally. Those who are suspected of being in the country unlawfully, who may appear foreign, or who speak a non-English language cannot be singled out or discriminated against.
2. What benefits DO require verification of legal status at state or county health clinics?
For all adults over the age of 18 the following do require verification of legal status in publicly funded medical facilities:
? Care for chronic conditions (i.e. diabetes, heart disease, etc.)
? Vision and hearing
? Oral health
? General lab tests (except for exempted conditions)
? Primary care doctor?s visits
? Nutrition counseling (except for prenatal services)
? Women's health services (other than family planning or prenatal services)
? Cancer screenings, including Breast and Cervical Cancer Program
? B12 and other therapeutic injections (shots not for immunizable diseases)
? Any other routine health checks and other services to anyone age 18 and over
3. What are the verification exemptions for adults when receiving medical care?
For the Georgia Security and Immigration Compliance Act, the following are examples of these exemptions:
? Prenatal care (under Babies Born Healthy program)
? Immunizations
? WIC coupons
? Family planning services
? Community health fairs and screenings
? Emergency medical treatment (including emergency rooms and ambulance services)
? Doctor?s visits for symptoms that could be a communicable disease
Additional services are exempted, given that they meet the following three-test rule which was laid out by the federal Attorney General:
? First, the services are delivered as in-kind (non-monetary) and at the community level, including services through public and non-profit agencies;
? Second, the services do not base the amount or scope of the assistance based on the individual recipient?s income or resources; and
? Third, the services are necessary for the protection of life or safety of the patient or the public in general.
The following are programs for which immigrants will remain eligible under the federal Personal Responsibility and Work Opportunity Act (PRWOA) of 1996- services such as these are provided as in-kind (not cash) and are not based on a person?s income:
? Soup kitchens, crisis counseling, police, fire, ambulance, transportation, and sanitation services
? Services and assistance relating to child protection, violence and abuse prevention services
? Programs, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions
? Medical and public health service (including treatment and prevention of disease and injuries) and mental health, disability, or substance abuse assistance necessary to protect life or safety
Of course, for the health care services listed above services for children under the age of 18 will not require verification forms, regardless of the legal status of the child or the parents. PeachCare and Medicaid services will still require verification of citizenship status.
4. What is defined as a communicable disease?
Communicable diseases include, but are not limited t all sexually transmitted diseases, the flu, E. coli, tuberculosis, and meningitis. A communicable disease is defined as anything that can be spread by people, objects, food, air, water, soil, insects or animals. Patients do not have to know whether or not their condition is contagious to seek care?if it could be communicable, that is enough to not require verification. Possible symptoms include, but are not limited t cough, fever, chills, diarrhea, vomiting, rash, headache, and others.
5. How will legal status be verified at the point of service?
Before services are provided, a patient can show legal status through appropriate documents (i.e. passport, birth certificate, residency documents). If documentation is not able to be presented at the time of service, an affidavit will be offered to all patients over the age of 18 asking whether they are a legal United States citizen, legal permanent resident, qualified alien, or a nonimmigrant under the
federal Immigration and Nationality Act. If a person is therefore qualified under these terms, then they are eligible for care in the state or locally funded facility. However, if a patient does not wish to sign this legal document, they have every right to do so, but they must then pay 100 percent of the unsubsidized cost of the service. The affidavit is considered to be a legal document in itself. No further paperwork will be required at the point of service to prove legal status in the United States.
6. For which types of medical facilities is verification required?
Private facilities that do not receive any state or local funding or support will not be required to ask patients for verification of legal status before giving medical services. The reason these medical facilities do not have to screen patients by legal status is because they do not provide any public benefit through public funding and tax dollars. The stated purpose of the Georgia Security and Immigration Compliance Act is to reduce the burden on the state and local governments through tax dollars spent on public benefit programs. State and county health departments and the programs administered and financed by state and county health departments will be requiring verification prior to giving care.
Federally Qualified Community Health Centers (FQCHCs) are also an option for adults seeking primary care. For a complete list of FQCHCs located in Georgia visit http://www.gaphc.org/chcs/chcs.asp.
7. How are emergency services and disaster relief covered?
These in-kind (non-cash) services will be distributed as usual, regardless of a person?s legal status. Access to emergency rooms and ambulance services will not need any verification prior to receiving care. As well, in the event of any natural disaster or any other emergency situation, medical services, relief efforts, and any non-medical support will be available to all Georgia?s residents- without any prior verification of status.
8. How will this new legislation affect Medicaid and PeachCare services?
This new law will not affect the way Medicaid and PeachCare services are distributed. These two public healthcare programs have always required verification of legal status of those who are receiving the program?s benefits through appropriate documentation. It will maintain the status quo- undocumented immigrants have never been able to access these services, and they still will not be able to. United States born children will still have the same access to PeachCare as they have always had, regardless of the parent?s citizenship status. | 