§17-1714.1-28 - Citizen and non-citizen eligibility.

§17-1714.1-28 Citizen and non-citizen eligibility.

         (a) The following individuals meet the citizenship and non-citizen requirements to be eligible for Medicaid:

(1) A citizen of the U.S. who has declared that the individual is a citizen or national of the U.S., and the department has verified the declaration under section 17-1714.1-30. For purposes of this subchapter, a citizen of the U.S. includes naturalized citizens, members of a federally-recognized Indian Tribe, and individuals born in the fifty states, the District of Columbia, Puerto Rico, Guam, American Virgin Islands, American Samoa, Swain's Island, or the Commonwealth of the Northern Mariana Islands.
(2) A qualified non-citizen:
(A) Who is granted asylum under section 208 of the INA (8 U.S.C. § 1158);
(B) Who is admitted to the U.S. as a refugee under section 207 of the INA (8 U.S.C. § 1157);
(C) Whose deportation is being withheld under section 243(h) of the INA (8 U.S.C. § 1253, as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of the INA (8 U.S.C. §1231(b)(3), as amended by section 305(a) of division C of Public Law 104-208); or
(D) Who is a Cuban or Haitian refugee or entrant as addressed in Title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act.

         (b) The following qualified non-citizen, who entered the U.S. on or after August 22, 1996, beginning five years after the individual's entry into the U.S., who is a:

(1) Legal permanent resident;
(2) Non-citizen who is paroled into the U.S. under section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)) for a period of at least one year;
(3) Non-citizen who is granted conditional entry under section 203(a)(7) of the INA (8 U.S.C. § 1153(a)(7)) as in effect prior to April 1, 1980;
(4) Non-citizen who has been battered or subjected to extreme cruelty in the U.S. by a spouse, parent, or household member with the spouse or parent's consent or acquiescence, including a battered child and parent(s) of the battered child (without the active participation of the parent(s) in the battery or cruelty) as described in 8 U.S.C. § 1641(c), and has been approved for or has a petition pending that sets forth a prima facie case to be granted status by USCIS as a battered spouse, a child, or a parent of a battered child under clauses (i), (ii), (iii) and (iv) of section 204(a)(1)(A) or clauses (i), (ii) and (iii) of section 204(a)(1)(B) of the INA, provided that the individual responsible for such battery does not reside in the same household as the individual subjected to the battery; or
(5) An individual who has been granted nonimmigrant status under section 101(a)(15)(T) of the INA (8 U.S.C. §1101(a)(15)(T)) as a victim of a severe form of trafficking in individuals or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status, provided that the individual responsible for such cruelty does not reside in the same household as the individual subjected to the cruelty.

         (c) The following lawfully present non-citizen who is:

(1) Admitted to the United States as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202 and amended by the 9th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financi ng, and Related Programs Appropriations Act, 1989, Public Law 100-461, as amended;
(2) A legal permanent resident who has worked forty qualifying quarters of coverage as defined under title II of the Social Security Act and did not receive any federal means-tested public benefit, other than those listed in 8 U.S.C. §1613(c)(2) for any qualifying quarter after December 31, 1996;
(3) An honorably discharged veteran or active member of the U.S. armed forces and the veteran or active member's spouse or dependent child, or unremarried surviving spouse of the deceased veteran, under 8 U.S.C. §1612(b)(2)(C);
(4) An American Indian born in Canada subject to section 289 of the INA (8 U.S.C. § 1359), or who is a member of an Indian tribe as defined in 25 U.S.C. §450b(e);
(5) In receipt of SSI, or determined to be blind or disabled by the SSA on August 22, 1996;
(6) Issued a record of lawful admission for permanent residence under section 249 of the INA (8 U.S.C. § 1259); or
(7) A lawfully present non-citizen, including a citizen of a COFA nation, who is under age nineteen years or a pregnant woman.

        [Eff 09/30/13] (Auth: HRS §§346-14, 34671; 42 C.F.R. §435.406; 8 U.S.C. §§1259, 1611, 1612, 1613, 1641) (Imp: HRS §§346-14, 346-71; 42 C.F.R. §435.406; 8 U.S.C. §§1259, 1611, 1612, 1613, 1641)

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