ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: Is the sponsor responsible for Emergency Medical care-HELP!!

  1. #1
    My unmarried sister got her immigration in January 2002. She had a psychiatric emergency situation in January 2003 and was hospitalized for 13 days with a whopping bill of $20,000.00. The clinic which is a non-profit private organization sent a bill to her for that amount. She does not work and could not pay. Last week she got a notice from the SOMSERSET COUNTY ADJUSTER to fill out a form for settlement. Even though I am the one who sponsored her and completed the affidavit of support, I did not write any of my information down on this form. Am I going to get stuck with this bill even though the Affidavit of Support does not mention my liability as far as Medical Emergency is concerned. Or is this considered as my sister's debt and am I going to be responsible? Is there any way out? Help!!!

  2. #2
    My unmarried sister got her immigration in January 2002. She had a psychiatric emergency situation in January 2003 and was hospitalized for 13 days with a whopping bill of $20,000.00. The clinic which is a non-profit private organization sent a bill to her for that amount. She does not work and could not pay. Last week she got a notice from the SOMSERSET COUNTY ADJUSTER to fill out a form for settlement. Even though I am the one who sponsored her and completed the affidavit of support, I did not write any of my information down on this form. Am I going to get stuck with this bill even though the Affidavit of Support does not mention my liability as far as Medical Emergency is concerned. Or is this considered as my sister's debt and am I going to be responsible? Is there any way out? Help!!!

  3. #3
    I don't think so. When you sign affidavit of support, you are obliged to pay back the public assistance she has received and for her basic needs at 125% of poverty level. I am not sure you'd be responsible for her bills, such as Medical emergencies.

  4. #4
    Medical care is a basic need. If she can't pay for it, they'll most likely send a collection agency after her. If it gets to that stage, I wouldn't want to bet her sponsor won't get dragged into it.

  5. #5
    It's possible the hospital is trying to see if it can get Medicaid reimbursement. (When my brother was hospitalized with a $10,000 bill, the hospital tried that, but he had too many assets to qualify.) From another website:

    Enforceability of Affidavits
    Under the 1996 law, the I-864 affidavit of support is a legally enforceable contract between the sponsor and the federal government. The intended beneficiaries are the sponsored immigrant and any federal, state or local government agency or private entity that provides a means-tested benefit to the immigrant. Any of the intended beneficiaries can sue the sponsor. Sponsored immigrants can sue to force the sponsor to maintain them at least at 125 percent of the federal poverty level. Moreover, should the immigrant ever obtain a means-tested benefit, the agency or entity that provided that benefit can sue the sponsor for reimbursement. INA Û 213A(e), 8 U.S.C. Û 1183a(e); 8 C.F.R. Û 213a.2(d).
    For example, if the sponsored immigrant has received Supplemental Security Income (SSI) benefits based on age or disability, the federal government can ask the sponsor to reimburse the full amount of the monthly benefit. Or if Medicaid covered a sponsored immigrant's hospital bill, both the state and federal governments can sue to collect reimbursement of their respective share of the costs. Faced with the prospect of such costs, a lot of otherwise faithful relatives may balk at signing the new affidavit of support form.
    Under the new law, sponsors have to commit to supporting the sponsored immigrant until the immigrant has: (1) become a naturalized U.S. citizen; (2) worked at least 10 years in this country; (3) left the United States permanently; or (4) died. INA Û 213A(a)(2), (3), 8 U.S.C. Û 1183a(a)(2), (3); 8 C.F.R. Û 213a.2(e). A divorce does not nullify the sponsorship agreement. Thus, a spouse who sponsors an immigrant remains liable to support his or her spouse at 125 percent of the federal poverty level even if they get divorced, until one of the four conditions listed above occurs.

  6. #6
    1) The affidavit only covers federal and state means tested benefits, not all "bills" in general. If someone maxes out all of his credit cards or doesn't pay his electric bill, for example, the sponsor is not liable.

    2) Even if your sister does receive medicaid to pay for the hospital bill, you will not be responsible as long as it is "emergency only medicaid." Emergency medicaid is NOT included in the affidavit. I don't have the time to cut and paste it now, but you can find that information right on the USCIS website.

    Your sister could get her property taken away, her bank accounts garnished, or her wages garnished. The consequences could be very serious for her, but it's highly unlikely that anything will happen to you unless she is using non-emergency medicaid for her follow-up-care. Whatever she does, she should under no circumstances make payments to the hospital or any collecion agency using personal checks. Tell her to use money orders. Collection agencies can take her account number from her checks and empty her account.
    Have a nice day

  7. #7
    Whether or not you think your sister's situation is a "medical emergency" isn't what determines her eligibility for Emergency Medicaid. The following is from an on-line brochure.

    "Emergency Medicaid coverage, however, is limited to medical conditions that meet the definition of an emergency medical condition. An emergency medical condition is defined in the Medicaid statute [42 U.S.C. Section 1396b(v)(3)] and the HCFA State Medicaid Manual (February 1997), Section 3211.11 as:

    a medical condition (including labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in "” (A) placing the patient's health in serious jeopardy, (B) serious impairment to bodily functions, or (C) serious dysfunction of any bodily organ or part.
    Notably, all labor and delivery is considered emergency labor and delivery.

    Although federal Medicaid regulations and the State Medicaid Manual state that an emergency condition must result from the "sudden onset" of an illness or injury, this requirement is not in the statute. Courts have interpreted the sudden onset requirement to mean that the condition occurred suddenly, such as a stroke, heart attack or an auto accident. However, treatment does not necessarily need to occur immediately after the onset of the illness or injury in order for the treatment to be covered under emergency Medicaid."

    Whether your sister's situation meets that definition would have to be formally evaluated.

Similar Threads

  1. "Free" French Medical Care Not Available
    By federale86 in forum Immigration Discussion
    Replies: 1
    Last Post: 12-12-2011, 10:56 AM
  2. More Free But Useless Medical Care In The UK
    By federale86 in forum Immigration Discussion
    Replies: 3
    Last Post: 10-22-2010, 11:47 PM
  3. Free Medical Care..........
    By federale86 in forum Immigration Discussion
    Replies: 1
    Last Post: 03-12-2010, 11:55 AM
  4. Free Medical Care Means.........
    By federale86 in forum Immigration Discussion
    Replies: 1
    Last Post: 03-10-2010, 12:16 PM
  5. Needing VISA for Medical emergency
    By liz in forum Immigration Discussion
    Replies: 3
    Last Post: 01-28-2004, 07:34 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: