Ohio Admin. Code 5160:1-5-08 - Medicaid: state-funded medical assistance for non-citizen victims of trafficking
(A) This rule describes the eligibility
requirements for state-funded medical assistance for a non-citizen victim of a
severe form of human trafficking. Eligibility for this program shall be
determined for applications for medical assistance filed on or after the
effective date of this rule.
(B)
For purposes of this rule the following definitions apply unless otherwise
stated.
(1) "Labor trafficking" means
recruiting, harboring, transporting, or obtaining of a person for labor or
services through the use of force, fraud, or intimidation for the purpose of
involuntary servitude, debt bondage, or slavery.
(2) "Severe form of human trafficking" means
sex trafficking or labor trafficking.
(3) "Sex trafficking" means recruiting,
harboring, transporting, or obtaining of a person for the purpose of a
commercial sex act where the commercial sex act is induced by force, fraud, or
intimidation, or the person being induced to perform such act is under eighteen
years of age.
(4) "T
non-immigration status" is also known as the T Visa and provides immigration
protection to victims of a severe form of human trafficking.
(C) Eligibility criteria.
(1) To be eligible for medical assistance,
the non-citizen victim of a severe form of human trafficking must:
(a) Have applied for, or be in the process of
preparing to file an application with the United States citizenship and
immigration services (USCIS) for, "T" non-immigration status;
(b) Be an Ohio resident as described in rule
5160:1-2-10
of the Administrative Code; and
(c) Meet the financial requirements described
in paragraph (D) of this rule.
(2) An individual under this program is not
required to provide a social security number.
(D) Financial eligibility.
(1) To have eligibility under this program,
the individual must have countable monthly income at or below one hundred per
cent of the federal poverty level (FPL) as determined in accordance with rules
5160:1-3-03.1 and 5160:1-3- 03.2 of the Administrative Code. Only the
individual's income is compared to the income standard. The FPL is adjusted
annually.
(2) The deeming
provisions set forth in rules 5160:1-3-03.1 and 5160:1-3- 03.3 of the
Administrative Code do not apply to the eligibility determination for a
non-citizen victim of a severe form of human trafficking.
(E) Resource eligibility. There is no
resource limit for individuals described in this rule.
(F) Retroactive eligibility. Eligibility for
retroactive coverage of medical assistance shall be determined in accordance
with rule
5160:1-2-01
of the Administrative Code.
(G)
County department of job and family services (CDJFS) responsibilities. The
CDJFS shall:
(1) Verify the individual has
applied for, or is preparing to apply for, "T" non-immigration status with the
USCIS.
(a) The CDJFS must accept the
following documentation when the individual claims to have already applied for
a "T" non-immigration status:
(i) Form I-797,
"Notice of Action", issued by the USCIS; or
(ii) Completed Form I-914, "Application for T
Non-Immigration Status"; or
(iii)
Completed Form I-914, Supplement B, "Declaration of Law Enforcement Officer for
Victim of Trafficking in Persons"; or
(iv) Printouts of case status queries from
the USCIS website; or
(v) Other
correspondence from USCIS regarding applications, such as appointment
notices.
(b) When the
individual is preparing to file for "T" non-immigration status, the CDJFS
shall:
(i) Verify with a sworn written
statement that the individual is a victim of a severe form of human trafficking
and at least one item of additional credible evidence, including but not
limited to any of the following:
(a) Police,
government agency, or court records or files; or
(b) News articles; or
(c) Documentation from a social services
agency, domestic violence center, rape crisis center, or a legal, clinical, or
medical professional, or other professional to whom the individual has reported
the crime; or
(d) A written
statement from any other individual with knowledge of the circumstances that
provided the basis for the claim; or
(e) Physical evidence; or
(f) A written notice from the federal agency
of receipt of the visa application.
(ii) Determine if the sworn statement is
credible if the individual is unable to provide any of the additional evidence
listed in this rule.
(2) Determine the individual does not qualify
for another category of medical assistance.
(H) Individual responsibilities. The
individual shall:
(1) Cooperate with the CDJFS
to determine financial eligibility for medical assistance.
(2) Cooperate with the CDJFS to determine
non-financial eligibility for medical assistance.
(3) Cooperate in providing verification of
any third-party liability or coverage of medical expenses as defined in rule
5160:1-2-10
of the Administrative Code.
(4)
Cooperate with the child support enforcement agency (CSEA) in establishing the
paternity of any medicaid eligible child and in obtaining medical support and
payments as described in rule
5160:1-2-10
of the Administrative Code.
(5)
Report changes within ten days to the CDJFS in accordance with rule
5160:1-2-08
of the Administrative Code. Changes include but are not limited to the
following:
(a) Approval or denial of the
application for "T" non-immigration status; and
(b) Immigration status; and
(c) Address; and
(d) Marital status; and
(e) Income; and
(f) Pregnancy status.
(6) File a formal application for "T"
non-immigration status within one year of his or her date of application for
medical assistance. If the individual fails to file
a formal application, eligibility for medical assistance will be
discontinued, unless it can be determined that during the year the
individual:
(a) Experienced a health crisis;
or
(b) Has been unable, after
reasonable attempts, to obtain the necessary information from a third party;
or
(c) Has other extenuating
circumstances that prevented the individual from completing his or her
application.
(I) There is not a limitation on the amount
of time the individual can receive coverage under this medical assistance
category, provided the individual continues to meet all relevant eligibility
criteria.
Notes
Promulgated Under: 111.15
Statutory Authority: 5160.02
Rule Amplifies: 5160.02
Prior Effective Dates: 04/01/2019, 07/08/2020 (Emer.)
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