Dear Advocate:

My father is an undocumented immigrant. He has lived in this country for years and has recently been admitted to a nursing home. I am starting to fill out the application for Long-Term Care Medi-Cal and when I asked the Social Worker at the facility for help she has told me that he will not be eligible for Medi-Cal because he is not a legal citizen. Is this true?

Sincerely,
Lost in Los Angeles

Dear Lost,

If your father is otherwise eligible, he should be able to get Medi-Cal coverage for long-term care. California Welfare & Institutions Code § 14007.65 provides that as long as funding is available, immigrants who are not lawfully present in the United States who meet the program’s requirements shall be eligible to receive long-term care Medi-Cal services. In Crespin v. Belshe, Alameda County Superior Court, No. 636714-5, the Court confirmed that the state cannot deny long-term care services under Medi-Cal to undocumented immigrants who are otherwise eligible for those services.