Skip to main content
Washington LawHelp
 
Helping Low-income People Find Solutions to Civil Legal Problems
 
 
 
 
  Search
   Need Help with Your Search?
Find Legal Help On Government benefits for immigrants and refugees
Related Resources
The Affidavit of Support and Immigrant Eligibility for Public Benefits
By: Northwest Justice Project
Applying for Public Assistance
By: Northwest Justice Project
DSHS Help for People with Disabilities: Necessary Supplemental Accomodations
By: Northwest Justice Project
more...
What is the Alien Emergency Medical Program?
by: Northwest Justice Project

I am an immigrant and need medical assistance because I am very ill. The welfare office (DSHS) tells me I cannot get regular medical coupons. Is there a program that can help?

If you have a medical emergency, the federally funded Alien Emergency Medical (AEM) may be available to pay for services necessary to pay for that emergency.

Who is eligible?

Immigrants who are not eligible for regular medical coupons due to:

  • their immigration status (they do not have an immigrant status known as "qualified" or they have a "qualified" immigrant status, but are in one of the groups in that category unable to receive non-emergency federal medical benefits for the first five years after they come to the US) or

  • sponsor deeming (someone has filled out an affidavit of support Form I-864 on their behalf and it is still in effect so the "sponsor's" income and resources are considered by DSHS in determining financial eligibility for benefits)

Note: For a list of "qualified" immigrant status, see our publication titled Effective October 1, 2002, Some Immigrant Medical Programs Are Being Cut

If you are not eligible for regular medical coupons you must still be low-income, have an emergency medical condition, and be "categorically related" to the program.

To be categorically related you must be one of the following:

  • a child under 18;
  • a person in a family with dependent children;
  • 65 and over;
  • disabled (must be unable to work for at least one year), or
  • pregnant.

What is an emergency medical condition?

An emergency medical condition is defined as --the sudden onset of 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

  • Placing the patient's health in serious jeopardy
  • Serious impairment to bodily functions ;or
  • Serious dysfunction of any bodily organ or part.

What kinds of medical conditions fit into this definition?

The following conditions are considered by DSHS to meet the definition:

Allergic Reaction Fever (Symptomatic)

Hemorrhage, i.e., Bleeding

Amputation of Limb

Hernia

Appendicitis

Hypothermia

Asphyxia, i.e., Strangling/Drowning

Infection, i.e., Cellulitis or Abscess of Any Body Part                          

Asthma, i.e. Acute    

Kidney Failure                       

Bowel Obstruction

Kidney Infection

Bowel Perforation

Laceration (artery, nerve)

Brain Injury

Liver Failure

Burn Injury      

Malignant Hypertension

Cancer Surgery with Radiation Therapy and Chemotherapy

Mental Breakdown

Cardiac Arrest          

Meningitis

Chest Pain

Motor Vehicle Trauma

Coma Concussion

Pancreatitis

Convulsion

Peptic Ulcer (Bleeding, etc)

Deep Vein Thrombosis

Poisoning

Depression (Major)

Pneumonia

Diabetes Out of Control

Collapsed Lung

Dislocation of Joints

Pregnancy (labor/delivery)

Ectopic Pregnancy

Respiratory Failure

Electrocution 

Seizures        

Eye Injury

Shock

Fainting

Sunstroke

Fracture, i.e., Broken Bones                     

Stroke

Gangrene

Suicidal Ideation

Gallbladder infection

Wounds resulting from Trauma

 

Gallstones

 

Heart Failure                         

 

Heart Attack

 

NOTE: In addition, individuals requiring nursing home level of care or COPES meet the definition of having an emergency medical condition.

What if the condition I have is not on this list?

Conditions not on the list may be considered an emergency, but will need documentation from a health care provider. Show your doctor this brochure and ask her to explain why your health problem is an emergency. Give that letter to the welfare office when you apply.

Is this program available more than once a year?

Yes. Unlike the Limited Casualty Program Medically Indigent (LCPMI) program which is only available once a year, the Alien Emergency Medical Program is available as often as you have an emergency condition that qualifies. You will be issued coupons to pay for the emergency for three months. If you still need coupons--for the same emergency or a different one--you can reapply.

How do I get information on my medical condition if I am not seeing a doctor?

The welfare office does not have to pay for evaluations of an emergency condition so most applicants will have to go to a community clinic or to the hospital to have the emergency diagnosed.

What if I am not in one of the categories of people eligible (children, families, 65 and over, pregnant or disabled) but I still have an emergency?

If you are between the age of 18 and 64 and are not disabled or pregnant and have no dependents, you can still get help if you are low income and need emergency care. The state Limited Casualty Program Medically Indigent (apply at the welfare office) will pay for hospital based services after a $2000 "deductible." Hospital Charity Care regulations prohibit hospitals from billing patients earning less than 100% of federal poverty guidelines for necessary medical services received and will usually take care of the $2000 deductible.

What should I do if I apply for these programs and am denied?

You can request a fair hearing and contact a legal services lawyer for advice. For more information on fair hearings see our publication Representing Yourself at a Fair Hearing.

Where can I find the rules that describe the Alien Emergency Medical program?

You may find the rules in the Washington Administrative Code (WAC388-438-0110) and on the internet at http://www1.dshs.wa.gov/ESA/EAZManual/Sections/EA_AlienMedical.htm.

 

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.
This information is current as of the date of its printing,
November 2003
.

© 2003 Northwest Justice Project.
1-888-201-1014, TTY 1-888-201-9737
(Permission for copying and distribution granted to the Washington State Access to Justice Network and individuals for non-commercial use only.)

Last Reviewed On: 12/29/03
 
 

Information, Not Legal Advice.  We are providing this information as a public service.  We try to make it accurate as of the date noted in the materials.  Sometimes the laws change.  We cannot promise that this information is always up-to-date and correct.  Most of the information provided on this web site is specific to Washington State law.

We do not intend this information to be legal advice.  By providing this information, we are not acting as your lawyer.  If you need legal advice, you should contact a lawyer through your local legal aid organization.  Always talk to a competent lawyer, if you can, before taking legal action.

Permission for copying and distribution granted to the Alliance for Equal Justice and individuals for non-commercial use only.

Lawyer Advertising.  This web site is not intended to be advertising or solicitation.  The hiring of a lawyer is an important decision that should not be based on advertisements. Before hiring an attorney, you should investigate his or her reputation and qualifications.

Links.  Some of the items listed here have not been prepared by us, but are instead "links" to information prepared and posted by others.  We cannot guarantee the accuracy of information posted on other sites.  The links are not intended to imply that we sponsor or are affiliated or associated with the persons who created those sites, nor are the links intended to imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

Powered by ProBono.Net

In an effort to improve this site, we would appreciate learning about your visit to Washington LawHelp.

Washington LawHelp is provided as a public service by the Northwest Justice Project in collaboration with other legal aid providers in the Alliance for Equal Justice and Washington courts.

Webby Award Winner 2007     Northwest Justice Project     Washington Courts     Columbia Legal Services     The Alliance for Equal Justice     Legal Services Corporation