Children's Health Insurance Programand Immigrants
I am writing to inform you about new guidance from the Immigration and Naturalization Service (INS) that
clarifies that the receipt of Medicaid or Children's Health Insurance Program (CHIP) benefits, except in the
case of institutionalization for long term care, cannot be considered by INS and State Department officials
when making public charge determinations. This guidance should remove a major perceived barrier to
enrollment in Medicaid and CHIP, as well as other benefits, for otherwise eligible immigrants.
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: May 26, 1999
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.