1200-37-01-.01 - DEFINITIONS

1200-37-01-.01. DEFINITIONS

(1) For the purpose of these regulations the terms used herein are defined as follows:

(a) "Adult" means an individual aged eighteen or over.

(b) "Applicant" means an individual seeking primary care services.

(c) "Citizen" means a citizen of the United States, whether native-born or naturalized.

(d) "Clinic" means a site under the control of the Department or a county health department at which primary care services are offered to the public and which is not a federally qualified health center (FQHC).

(e) "Department" means the Tennessee Department of Health.

(f) "Emergency" means a medical or dental condition manifesting itself by acute systems of sufficient severity (including pain) such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions or serious dysfunction of any bodily organ or part.

(g) "Exempt Services" means those services which are not subject to eligibility verification under the Eligibility Verification for Entitlements Act, T.C.A. §§ 4-58-101 et seq.

(h) "Federal public benefit"

1. Has the same meaning as provided in 8 U.S.C § 1611; and

2. Does not mean a benefit listed in 8 U.S.C. § 1611(b).

(i) "Primary Care Services" means the basic level of health care generally rendered by general practitioners, family practitioners, internists, obstetricians, and pediatricians and advanced practice nurses and is offered at clinics.

(j) "Program Director" means the Department employee responsible for the overall supervision of primary care services for the Department.

(k) "Provider" means a health care professional working in a clinic.

(l) "Qualified alien" means: an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is:

1. Lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. §§ 1101 et seq.];

2. Granted asylum under section 208 of such Act [8 U.S.C. § 1158];

3. Admitted to the United States under section 207 of such Act [8 U.S.C. § 1157];

4. Paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. § 1182(d)(5)] for a period of at least 1 year;

5. One whose deportation is being withheld under section 243(h) of such Act [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 such Act [8 U.S.C. § 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104-208);

6. Granted conditional entry pursuant to section 203(a)(7) of such Act [8 U.S.C. § 1153(a)(7)] as in effect prior to April 1, 1980; or

7. A Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or

8. An alien:

(i) who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(ii) who has been approved or has a petition pending which sets forth a prima facie case for:

(I) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [8 U.S.C. § 1154(a)(1)(A)(ii), (iii), (iv)],

(II) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [8 U.S.C. § 1154(a)(1)(B)(ii), (iii)],

(III) suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [8 U.S.C. § 1254(a)(3)] (as in effect before the title III-A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996),

(IV) status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [8 U.S.C. § 1154(a)(1)(A)(i)], or classification pursuant to clause (i) of section 204(a)(1)(B) of such Act [8 U.S.C. § 1154(a)(1)(B)(i)]; or

(V) cancellation of removal pursuant to section 240A(b)(2) of such Act [8 U.S.C. § 1229b(b)(2)]; or

(iii) whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(iv) who meets the requirements of subpart (ii) of this part; or

(v) who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15)(T)) or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status.

(m) "SAVE program" means the systematic alien verification for entitlements program created pursuant to the federal Immigration Reform and Control Act of 1986, compiled in 8 U.S.C. §§ 1101 et seq., and operated by the United States department of homeland security, or any successor program thereto.

(n) "SEVIS system" means the student and exchange visitor information system created pursuant to section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208 (as amended), and operated by the United States department of homeland security, or any successor program thereto.

(o) "State or local public benefit"

1. Means any public benefit as defined in 8 U.S.C. § 1621, that is provided or administered by a state governmental entity or a local health department; and

2. Does not mean a benefit listed in 8 U.S.C. § 1621(b).

(Emergency rule filed July 19, 2013; effective through January 15, 2014. Original rule filed July 25, 2013; effective December 29, 2013.)

Authority: T.C.A. §§ 4-58-102, 68-1-103, 68-1-106, 68-2-603, 8 U.S.C. § 1641(b), and 2013 Acts, Pub. Chap. 120.

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