2.5.3 Emergency Medical Assistance

Emergency Medical Assistance (EMA) covers emergency services for certain people who meet the financial and non-financial eligibility requirements for Medical Assistance (MA), but are not eligible due to their immigration status.

The following people may qualify for EMA:

• Noncitizens who do not have a lawfully present immigration status for MA eligibility, including noncitizens granted Deferred Action for Childhood Arrivals (DACA) status

• Noncitizens age 21 and older with a lawfully present immigration status who are not eligible for MA because they do not have an MA qualified immigration status or who have not resided in the United States in a qualified status for five or more years

• Sponsored noncitizens who are not eligible for MA because of their sponsors' income or assets

• Sponsored noncitizens whose sponsor is not cooperating

People enrolled in MA for people receiving services from the Center for Victims of Torture (MA-CVT) may also be eligible for EMA if they have a medical emergency. This allows the Minnesota Department of Human Services (DHS) to claim federal reimbursement for the emergency medical costs.

Children with disabilities who are ineligible for MA due to immigration status may be eligible for EMA under the TEFRA option.

To qualify for EMA, a person must have a basis of eligibility for MA and must meet all the eligibility requirements for that basis of eligibility, with the exception of immigration status. A person's basis of eligibility determines the non-financial criteria and financial methodology used to determine EMA eligibility.

• MA for Families With Children and Adults (MA-FCA) Basis of Eligibility

• MA for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) Basis of Eligibility

People may request retroactive eligibility for EMA up to three months before the month of application.

This subchapter includes policies that apply to EMA and links to policies that apply to all MA programs and all Minnesota Health Care Programs (MHCP) programs.

1. EMA General Requirements

   1. MHCP Applications

   2. EMA Mandatory Verifications

   3. MA Responsibilities

   4. MHCP Retroactive Eligibility

   5. MHCP Rights

2. EMA Non-Financial Eligibility

   1. MA-ABD Bases of Eligibility

   2. MA-ABD Non-Financial Eligibility

   3. MA-ABD Certification of Disability

   4. MA-FCA Bases of Eligibility

   5. MA-FCA Non-Financial Eligibility

   6. MA County Residency

   7. MA Living Arrangement

   8. MHCP State Residency

   9. MA-FCA Renewals

   10. MA-ABD Renewals

3. EMA Financial Eligibility

   1. MA-ABD Financial Eligibility

   2. MA-FCA Financial Eligibility

   3. MA under the TEFRA Option

4. EMA Post-Eligibility

   1. MA Begin and End Dates

   2. MA Benefit Recovery

   3. MHCP Change in Circumstances

   4. MA Cooperation

   5. MA Cost Sharing

   6. MHCP Fraud

   7. EMA Health Care Delivery

   8. MHCP Inconsistent Information

   9. MA Referral for Other Benefits

   10. MA-ABD Renewals

   11. MA-FCA Renewals

Legal Citations

Code of Federal Regulations, title 42, section 435.139

Code of Federal Regulations, title 42, section 435.350

Code of Federal Regulations, title 42, section 440.255

Minnesota Statutes, section 256B.06, subdivision 4

Published:  November 1, 2021

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