"Applicant" means a person who applies for
assistance under the family planning program described in this chapter.
"Authorized Title X agency" means an agency
or entity with an executed memorandum of understanding (MOU) with the Iowa
department of human services authorizing the agency to perform point-of-service
eligibility determinations for the family planning program.
"Citizen" or "citizenship"
includes both citizens of the United States and nationals of the United States
as defined in 8 U.S.C.
Section 1101(a)(22).
"Department" means the Iowa department of
human services.
"Family planning services" means pregnancy
prevention and related reproductive health services.
"Federal poverty level" means the levels
published and updated periodically in the Federal Register by the United States
Department of Health and Human Services (DHHS) under the authority of
42 U.S.C. Section
9902(2) and revised annually
on April 1.
"Member" means a person who has been
determined eligible and is a current or former recipient of the family planning
program services.
"Noncitizen" means the same as the term
"alien" as defined at 8
U.S.C. Section
1101(a)(3).
"Qualified noncitizen" means the same as the
term "qualified alien" as defined at
8 U.S.C. Section
1641(b) and (c) and refers
to a person who is:
1. Lawfully
admitted for permanent residence in the United States under the Immigration and
Nationality Act (INA);
2. Granted
asylum in the United States under Section 208 of the INA;
3. A refugee admitted to the United States
under Section 207 of the INA;
4.
Paroled into the United States under Section 212(d)(5) of the INA for a period
of at least one year;
5. A person
whose deportation from the United States is withheld under Section 243(h) of
the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the
INA;
6. Granted conditional entry
to the United States pursuant to Section 203(a)(7) of the INA as in effect
before April 1, 1980;
7. An
Amerasian admitted to the United States as described in
8 U.S.C. Section
1612(b)(2)(A)(i)(V);
8. A Cuban/Haitian entrant to the United
States as described in 8
U.S.C. Section
1641(b)(7);
9. A battered
noncitizen as described in
8 U.S.C. Section
1641(c);
10. Certified as a victim of trafficking as
described in
Section
107(b)(1)(A) of
Public Law
106-386;
11. An American Indian born in Canada to whom
Section 289 of the INA applies or a
member of a federally recognized Indian
tribe as defined in 25
U.S.C. Section
450b(e);
12. Under the age of 21 and lawfully residing
in the United States as allowed by
42 U.S.C. Section
1396b(v)(4)(A)(ii);
or
13. Lawfully residing in the
United States in accordance with a Compact of Free Association with the
government of the Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau as described in
8 U.S.C. Section
1612(b)(2)(G) as amended by
Section 208 of Division CC of
Public Law
116-260.
"Qualifying quarters" means all of the
qualifying quarters of coverage as defined under Title II of the Social
Security Act worked by a parent of a noncitizen while the noncitizen was under
the age of 18 and all of the qualifying quarters worked by a spouse of the
noncitizen during their marriage if the noncitizen remains married to the
spouse or the spouse is deceased. No qualifying quarters of coverage that are
creditable under Title II of the Social Security Act for any period beginning
after December 31, 1996, may be credited to a noncitizen if the parent or
spouse of the noncitizen received any federal means-tested public benefit
during the period for which the qualifying quarter is
credited.
Notes
Iowa Admin. Code
r. 441-87.1
ARC 7544B, lAB 2/11/09,
effective 1/20/09
Adopted by
IAB
July 19, 2017/Volume XL, Number 2, effective
7/1/2017
Amended by
IAB
October 11, 2017/Volume XL, Number 8, effective
11/15/2017
Amended by
IAB
February 8, 2023/Volume XLV, Number 16, effective
4/1/2023
