HJN Policy Update: Understanding the Five-Year Waiting Period
Tuesday, 11. 17. 2009 – Category: Access to Quality Health Care, Recent Activity
As the debates continue regarding the rights of immigrants, we want to make sure that the members of the Health Justice Network are aware of the many different elements that are being discussed. One issue under much scrutiny, especially in its implications for the Asian and Pacific Islander communities, is the five-year waiting period.
What is the five-year waiting period?
Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or
after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country. The following are subject to the five-year waiting period to eligibility for both Medicaid and SCHIP:
- Lawful permanent residents (LPRs);
- Immigrants granted parole for at least one year;
- Certain victims of domestic abuse.
What does this mean for our community members?
The five-year waiting period keeps lawfully present individuals from gaining access to affordable health coverage. Under the current system, legal immigrants are unfairly being denied access to Medicaid services, despite paying the exact same taxes as citizens. These individuals are committed to becoming citizens and should have equal access to health coverage.
The five-year waiting period prevents individuals from accessing the care they need while medical conditions worsen. For example, Hepatitis B, an infection that is highly prevalent in the Asian and Pacific Islander communities (1 in 10 API’s will contract it) can quickly deteriorate and become liver cancer. The five-year waiting period then becomes a death sentence to something that could easily be prevented or treated.
Failure to cover millions of people living in our communities will only weaken health care reform efforts to expand access and control costs.
What can I do?
1. Contact your legislators: Call the U.S. Capitol Switchboard at (202) 224-3121. Ask the operator to connect you to your Senator or Representative and give the operator your zip code. Tell them you want the five-year waiting period removed!
2. Sign a petition: Our friends at NAKASEC, KRC and KRCC have put together an online petition to support health reform for families and children. Please sign it here.
3. Stay updated: Text AAPI to 69866 to have updates regarding immigrant rights issues sent to your cellphone.