Healthcare access rights — emergency care, community clinics, and privacy regardless of immigration status

Healthcare access rights — what you can get, regardless of immigration status

Some of the most important healthcare in the United States is available to everyone physically present, regardless of immigration status or ability to pay. This page explains what you can access — emergency care, community clinics, children’s coverage — and how your medical privacy is protected.

This is general information, not legal or medical advice. For coverage questions specific to your state and situation, contact a community health center, a health-navigator program, or a legal-aid office.

Emergency care: you cannot be turned away (EMTALA)

The federal Emergency Medical Treatment and Labor Act (EMTALA) requires any hospital with an emergency department that takes Medicare (nearly all hospitals) to:

• Screen anyone who comes to the ER for an emergency medical condition, and
• Provide stabilizing treatment for that emergency,

regardless of immigration status, insurance, or ability to pay. This includes a person in active labor. You may still be billed afterward, but you cannot be denied emergency screening and stabilization because of money or status.

Ongoing care: community health centers

Federally Qualified Health Centers (FQHCs) — community health centers — are required to serve patients regardless of immigration status and to charge on a sliding scale based on income. They typically provide:

• Primary and preventive care
• Prenatal and women’s health care
• Childhood immunizations and check-ups
• Dental and behavioral/mental health care

Find one near you at findahealthcenter.hrsa.gov.

Emergency Medicaid

Emergency Medicaid can pay for the treatment of an emergency medical condition (including childbirth) for people who would qualify for Medicaid except for their immigration status and who meet income rules. Hospitals and clinics can often help you apply after an emergency.

Coverage for children and pregnant patients

• US-citizen children qualify for Medicaid and CHIP based on household income, regardless of the parents’ status; applying for a child does not require the parent to disclose their own status.
• Several states use state funds to cover all children regardless of immigration status, and some cover income-eligible adults — check your state’s program.
• Many states offer prenatal coverage (through CHIP perinatal or state programs) regardless of status.

Your medical privacy (HIPAA)

The HIPAA Privacy Rule protects your medical information. Providers generally cannot share it without your consent except in narrow legal situations. Hospitals and clinics do not need your immigration status to treat you, and you are not required to answer questions that are not necessary for your care. You can ask the front desk what information is actually required.

Public charge and health programs

Under the public-charge rule in effect since 2022, the government does not count the use of:

• Emergency Medicaid
• Most Medicaid (other than long-term institutional care)
• CHIP
• Community health centers, vaccines, and COVID-related care
• Disaster relief

…when deciding a public-charge case. Because these rules have shifted in the past, verify the current rule on USCIS.gov or with an immigration attorney before making a healthcare decision based on it.

What to do

• For an emergency, go to the nearest ER or call 911 — you cannot be turned away for status or money.
• For regular care, find a community health center and ask about the sliding-scale fee.
• For children, apply for Medicaid/CHIP or your state’s program.
• Keep copies of your medical records and any bills, and ask about financial assistance / charity care programs at hospitals.

Related information

• Workplace rights
• Tenant and housing rights
• Education rights
• State benefits eligibility
• Family preparedness plan
• Legal aid by state

Last verified: 2026-06-03. General information, not legal or medical advice. Program rules vary by state and change over time — confirm with a community health center, health navigator, or legal-aid office for your situation.