Apple Health (Medicaid) coverage and Public Charge

What is public charge?

Some individuals who apply for a green card (lawful permanent resident status) or a visa to enter the U.S. must pass a “public charge” test – which looks at whether the person is likely to depend primarily on government services in the future. Immigration officials look at all of a person’s circumstances, including their age, income, health, education or skills, family situation and their sponsor’s affidavit of support or contract.

What has changed?

The Department of Homeland Security (DHS) has finalized the Public Charge rule rescinding the Biden administration’s 2022 public charge regulations. It will apply to adjustment of status applications postmarked or electronically submitted on or after September 18, 2026.  The rule also removes the definition of “receipt of public benefits,” which states that applying for or receiving benefits on behalf of family members is not considered “receipt.” Immigration officers will consider every change of status application on a case-by-case basis, considering the totality of the individual’s circumstances.  The 2026 final rule expanded the types of public benefits immigration officials consider when determining whether an individual is likely to become a public charge, including the addition of nonemergency Medicaid such as Apple Health.

What does this mean?

Before September 18, 2026, the only health benefit that immigration officials can consider for the public charge test is government-funded long-term institutional care, such as care you receive in a nursing facility. If you are concerned about long-term care that you need now or got in the past, you can find help at the organizations below.

As of September 18, 2026, the Public Charge rule allows government officials to consider a wider range of public benefits that the applicant has received. These can include any and all public benefits funded by the government for which they are eligible.

Emergency Medical (AEM) is excluded from reporting under public charge.

HCA will continue to protect the confidentiality of each client’s personal information and does not share this information unless required by law.

Are there any exempt immigration statuses?

Refugees and other immigration statuses that are eligible for refugee medical and cash assistance are exempt from the public charge test.

Where can I get more information?

Visit US Citizenship and Immigration Services Rescinds 2022 Public Charge Regulation for more details.

What if I have questions or concerns?

If you have questions or concerns about the potential impact of your use of public benefits, contact an immigration attorney. You may contact one of the following organizations for help:

More information