Can Illegal Immigrants Get Health Insurance in NY?

Undocumented immigrants in New York can get health insurance, but what is available depends on age and circumstance. Children under 19 qualify for the same Child Health Plus coverage as any other New York child, pregnant women can receive full prenatal Medicaid, adults 65 and older gained state-funded Medicaid eligibility in January 2024, and every undocumented adult can use Emergency Medicaid for a life-threatening condition. Undocumented adults between 19 and 64 who are not pregnant remain the group with the fewest options.

Children Under 19: Child Health Plus

Every child in New York under age 19 can enroll in Child Health Plus regardless of immigration status.1NYC.gov. Immigrants – OCHIA The program, authorized by Public Health Law Section 2511, requires only that the child live in New York and not already have other insurance.2New York State Senate. New York Public Health Law PBH 2511 – Child Health Insurance Plan Coverage includes doctor visits, immunizations, dental care, vision services, hospital stays, and prescriptions.

Cost depends on household income. Families under 222% of the Federal Poverty Level pay nothing, and premiums rise in steps to $60 per month for families at 350–400% FPL.3NY State of Health. 2025 Income Levels for Medicaid, Child Health Plus, Essential Plan Most undocumented families will land in the free tier.

Pregnant Women: Full Prenatal Medicaid

Pregnant women can receive full Medicaid coverage regardless of immigration status if they meet the income and residency rules.1NYC.gov. Immigrants – OCHIA This is not limited to the hospital stay for delivery. It covers prenatal visits, lab work, ultrasounds, and postpartum follow-up.4New York State Department of Health. Citizenship and Immigration-Based MAGI Eligibility Chart

The income cap is 223% of the Federal Poverty Level, which for 2026 is roughly $35,590 a year for a single person and rises with household size.4New York State Department of Health. Citizenship and Immigration-Based MAGI Eligibility Chart5U.S. Department of Health and Human Services. 2026 Poverty Guidelines The coverage is paid for with state funds, not federal Medicaid dollars.

Adults 65 and Older: State-Funded Medicaid

In January 2024, New York expanded state-funded Medicaid to undocumented adults age 65 and older.1NYC.gov. Immigrants – OCHIA Enrollment is through mainstream Medicaid managed care plans and includes long-term care benefits, although nursing home eligibility is decided separately.

Applicants must meet Medicaid’s regular financial rules, including both income and resource limits. Income generally has to be at or below 138% of the Federal Poverty Level — about $22,025 a year for an individual in 2026.5U.S. Department of Health and Human Services. 2026 Poverty Guidelines Like prenatal Medicaid, this coverage is funded by the state.4New York State Department of Health. Citizenship and Immigration-Based MAGI Eligibility Chart

Other Adults: Emergency Medicaid Only

Undocumented adults who are 19 to 64, not pregnant, and not otherwise eligible are limited to Emergency Medicaid. This program pays for treatment of an emergency medical condition — one whose symptoms, including severe pain, are serious enough that without immediate care your health could be placed in serious jeopardy, a bodily function could be seriously impaired, or an organ could be seriously damaged.6New York State Department of Health. Medicaid for the Treatment of an Emergency Medical Condition Fact Sheet Emergency labor and delivery also qualifies.

You must meet all the standard Medicaid rules — proof of identity, income, and New York residency — except for the immigration status requirement.6New York State Department of Health. Medicaid for the Treatment of an Emergency Medical Condition Fact Sheet Emergency Medicaid does not pay for routine checkups, ongoing prescriptions, or preventive care. It is a safety net for the most serious situations, not a substitute for regular insurance.

What About the Essential Plan?

New York’s Essential Plan is free or low-cost coverage for adults 19 to 64 with income up to 250% of the Federal Poverty Level, but the standard program requires a lawful immigration status such as a valid visa or deferred action.1NYC.gov. Immigrants – OCHIA In 2024, a Section 1332 waiver expanded the plan to include DACA recipients starting that August.7Centers for Medicare and Medicaid Services. NY Section 1332 Waiver Approval Undocumented adults without DACA or another qualifying status still cannot enroll.4New York State Department of Health. Citizenship and Immigration-Based MAGI Eligibility Chart

Income Limits in Dollar Terms

Every program above turns on household income measured as a share of the Federal Poverty Level. The 2026 baseline is $15,960 a year for a single person and $33,000 for a family of four, with roughly $5,680 added per extra household member.5U.S. Department of Health and Human Services. 2026 Poverty Guidelines For a single individual, the key cutoffs work out to:

  • 138% FPL — Medicaid for seniors 65+: about $22,025 a year
  • 223% FPL — prenatal Medicaid: about $35,590 a year
  • 400% FPL — Child Health Plus ceiling: about $63,840 a year

Household size matters as much as raw income. A family of four earning $66,000 sits at 200% FPL; the same income for one person would be well over 400%. When you apply, count everyone in the household who shares finances.

Will Applying Put You at Risk?

Two fears keep eligible people from applying: that state agencies will share their information with immigration authorities, and that using benefits will hurt a future green card case. Neither reflects what New York or federal rules currently do.

State Privacy Protections

New York Executive Order 170 bars state officers and employees from asking about immigration status unless the information is required to determine eligibility for a program or the inquiry is required by law. It also bars disclosing information to federal immigration authorities for civil immigration enforcement unless the law requires it.8State of New York Executive Chamber. Executive Order No. 170 As of January 2025 the order remains in effect, and the New York Attorney General’s office continues to describe it as active policy.9New York State Attorney General. Immigration Enforcement In practice, you can apply for Child Health Plus, Medicaid, or Emergency Medicaid without the state forwarding your information to federal immigration agencies.

Public Charge

Under the current federal public charge rule, a person is deemed likely to become a public charge if they are likely to become primarily dependent on the government for subsistence — measured by public cash assistance for income maintenance or long-term institutionalization at government expense. USCIS explicitly does not count Medicaid (other than long-term institutional care), the Children’s Health Insurance Program (which includes Child Health Plus), Affordable Care Act coverage, or immunization programs. Emergency Medicaid, prenatal Medicaid, and Child Health Plus therefore do not weigh against you under the current rule.10U.S. Citizenship and Immigration Services. How Receiving Public Benefits Might Impact the Public Charge Ground of Inadmissibility

What You Need and How to Apply

You do not need a Social Security number to apply. The application asks for documents proving three things: identity, New York residency, and household income.

For identity, NY State of Health accepts a foreign passport, a driver’s license, a school ID, or an employer ID, among others. A single U.S. or foreign passport is enough on its own; a school ID needs a second document such as a birth or marriage certificate.11NY State of Health. Verifying Your Identity DOH-5088 For residency, a lease, utility bill, or similar document showing a New York address works; a signed letter from a landlord or roommate can sometimes substitute. For income, pay stubs from the last four consecutive weeks or an employer letter stating earnings are the standard proof.

Apply online at nystateofhealth.ny.gov, the state’s health insurance marketplace.12New York State of Health. Health Plan Marketplace for Individual and Small Business Health Insurance For in-person help at no cost, work with a Navigator or Certified Application Counselor, available at community health centers, hospitals, and local organizations, many with multilingual staff. You can search for one through the NY State of Health site.

Renewals and Appeals

Coverage is not permanent. NY State of Health will send a renewal notice when it is time to update your information; you can renew online, by calling 1-855-355-5777, or through an assistor.13NY State of Health. How to Renew Your Health Insurance If you enrolled in Medicaid through a Local Department of Social Services or the New York City Human Resources Administration, a renewal packet arrives by mail and must be completed, signed, and returned by the printed deadline. Missing the deadline creates a coverage gap, so keep your mailing address current.

If your application is denied, you have 60 calendar days from the date on the notice to appeal.14NY State of Health. A Guide to the Appeals Process – Individuals and Families File by phone at 1-855-355-5777, by fax at 1-855-900-5557, or by mail to NY State of Health, P.O. Box 11729, Albany, NY 12211. Include your Marketplace Account ID (found near the top of your notice, beginning with “AC”), explain why the decision should change, and send supporting documents. An urgent medical situation can qualify for a faster appeal. The normal process takes up to 90 days.