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Lost your Medicare Savings Program because of immigration status? What happens now in New York

Since October 1, 2026, New York gives QMB and QI only to citizens, green-card holders past or exempt from the 5-year wait, Cuban-Haitian entrants, and COFA migrants. Others lose MSP, with no state backup, and the Part B premium returns to their Social Security check. Medicaid continues with state funding if otherwise eligible.

Published October 5, 2026 · Updated October 6, 2026 · Last reviewed: October 6, 2026 · 5 min read · Educational, not a government site

In short: starting October 1, 2026, New York can give the Medicare Savings Program (QMB or QI) only to U.S. citizens and nationals, green-card holders (lawful permanent residents) who have finished or are exempt from the 5-year wait, Cuban-Haitian entrants, and COFA (Compact of Free Association) migrants. Other lawfully present immigrants, such as refugees, asylees, parolees, and people with temporary protected status, lose it, and New York does not pay for a state-only replacement. Your Part B premium goes back to coming out of your Social Security check. If you also have Medicaid, the state says your Medicaid continues with state funding.

Last checked October 6, 2026, against the New York State Department of Health notice GIS 26 MA/14 (dated September 29, 2026), Medicare.gov, and the federal proposed rule CMS-1848-P. Income and resource dollar limits did not change.

Who can still get MSP, and who cannot

Your statusMedicare Savings Program from October 1, 2026
U.S. citizen or U.S. nationalCan still qualify. Income rules are the same.
Green-card holder who has finished the 5-year wait, or is exempt from itCan still qualify.
Green-card holder still inside the 5-year waitNot eligible for MSP under the new rule.
Cuban-Haitian entrantCan still qualify.
COFA migrant (Marshall Islands, Micronesia, Palau)Can still qualify.
Refugee, asylee, parolee, temporary protected status, or other lawfully present statusNot eligible for MSP. New York says there is no state-only MSP.

Your status today is what counts, not the status you arrived with. Many people who came as refugees or asylees later got a green card. If that is you, bring your current card when you ask HRA or your county to check your case.

What New York is doing with existing cases

The state notice, GIS 26 MA/14, tells local offices what happens to people who already had MSP:

  • MSP ended September 30, 2026 for people who do not meet the new immigration rule.
  • If you had Medicaid and MSP, you move to Medicaid paid only by the state starting October 1, 2026. You keep Medicaid if you are otherwise eligible. You no longer have MSP.
  • If you had MSP only, the case and the state's payment of your Part B premium (called Medicare Buy-In) end September 30, 2026. In New York City, the state expects fewer than 50 MSP-only cases to be affected.
  • The state mails a notice to everyone losing MSP. Read it closely. It tells you the reason and your rights.

What changes for you

  • Your Part B premium. The standard premium is $202.90 a month in 2026. Once MSP stops paying it, Social Security takes it out of your check again. The change can take a month or two to show up. If your check looks wrong, call Social Security at 1-800-772-1213.
  • Doctor and hospital bills. QMB stopped providers from billing you for Medicare deductibles and coinsurance. That protection covers only the dates you had QMB. If you also have Medicaid, ask HRA, your county, or your plan how your Medicare cost sharing will be handled now.
  • Extra Help with drug costs. Medicare says people who get Extra Help automatically keep it through December 31 of that year, even if their situation changes. After that you may need to apply with Social Security. Your drug plan or Social Security can tell you what applies to you.
  • Medicare itself. That is a separate federal question, covered next.

Your Medicare: what is law and what is only proposed

A 2025 federal law (Public Law 119-21, often called H.R. 1, section 71201) limits Medicare itself to the same four groups. Medicare.gov already lists these groups as a condition for joining a Medicare health or drug plan, and its September 2026 fact sheet "Your Medicare in 2027: What's New & Changing" says you must be in one of them to get Part A and Part B. That fact sheet does not give dates for ending coverage.

  • What New York's notice says: affected non-citizens who are enrolled in Medicare may keep Medicare coverage until the federal Medicare changes take effect on January 4, 2027.
  • What CMS has proposed (not final): in the CY 2027 Physician Fee Schedule proposed rule (CMS-1848-P, published July 16, 2026), Social Security would send a first notice, then a termination notice near the end of December 2026, with Medicare ending February 1, 2027. The notice would explain appeal rights.
  • Status on October 6, 2026: the rule is still proposed. CMS has not published the final rule. Dates and steps can change when it does. We will update this page when the final rule comes out.

Until then, keep paying any Medicare premiums you owe and keep using your coverage.

What to do now, step by step

  1. Read the notice from the state, HRA, or your county. Find the reason, the date, and the deadline to ask for a fair hearing.
  2. Check your current immigration document. If the notice is wrong (for example, you are a citizen, or a green-card holder past the 5-year wait), send copies of your proof and ask for a fair hearing. Our MSP denial and fair hearing guide walks through it. Never send originals.
  3. Ask about immigration status questions for free. The New York State New Americans Hotline, 1-800-566-7636, answers immigration questions and refers people to free legal help, in more than 200 languages.
  4. Ask about your Medicare choices for free. HIICAP, New York's free Medicare counseling program, is at 1-800-701-0501.
  5. Watch your Social Security payment for the Part B premium coming back.
  6. Look at your drug and health plan for 2027 during Medicare Open Enrollment, October 15 to December 7. Our Open Enrollment guide explains the choices. Ask HIICAP first if your Medicare itself may end in 2027.

Common mistakes

  • Ignoring the notice. Fair hearing deadlines are short.
  • Assuming every green card is enough. The 5-year wait matters for MSP.
  • Dropping Medicaid out of fear. New York says people outside the four groups who are otherwise eligible keep Medicaid with state funding.
  • Paying anyone who promises to restore MSP. No one can override the federal rule. Free help is available from HIICAP and legal aid.

Frequently asked questions

Who can get the Medicare Savings Program in New York after October 1, 2026?
Only U.S. citizens and nationals, green-card holders (lawful permanent residents) who have finished or are exempt from the 5-year wait, Cuban-Haitian entrants, and COFA (Compact of Free Association) migrants. This comes from New York's notice GIS 26 MA/14. Income and resource dollar limits did not change.
Is there a state-funded MSP for people who lost it?
No. GIS 26 MA/14 says people who do not qualify for federal funding cannot receive MSP, and state-only funding is not available for MSP.
Will I lose Medicaid too?
Not because of this change alone. The state says people with Medicaid and MSP move to state-only Medicaid starting October 1, 2026, if they are otherwise eligible. Some adults age 21 to 64 may move to the Essential Plan.
When does my Medicare end?
That is not final. New York's notice says affected people may keep Medicare until federal changes take effect January 4, 2027. A CMS proposed rule would have Social Security send notices and end Medicare February 1, 2027. CMS had not issued the final rule as of October 5, 2026.
What if the notice is a mistake?
Send copies of your current immigration or citizenship proof to HRA or your county and ask for a fair hearing before the deadline on the notice. HIICAP (1-800-701-0501) and the New Americans Hotline (1-800-566-7636) can help for free.

Next step

Want help with this? Get free one-on-one guidance.

If you are not sure what your Medicare choices are now, our short screener ends with an optional request for free one-on-one guidance from a licensed New York insurance agency partner. We cannot answer immigration questions. Legal aid and the New Americans Hotline can.

You can also call HIICAP free at 1-800-701-0501. Free, unbiased, and they do not sell plans.

Sources

Official pages checked September 23, 2026. Your own notice and current official guidance control if anything here differs.

Next step

Want a rough sense of which cost program to ask about?

The MSP screener takes a few questions (county, household size, approximate monthly income) and shows an educational estimate. It does not decide eligibility and does not enroll you in anything.

You can also call HIICAP free at 1-800-701-0501. Free, unbiased, and they do not sell plans.